Terms & Conditions
The words “Trademarkit”, “Us”, “Our” and “We” refer to Trademarkit LLP, a limited liability partnership registered in England and Wales with registered number OC412199 whose registered office is at Apt 3361, Chynoweth House, Trevissome Park, Truro, Cornwall, TR4 8UN, United Kingdom. A reference to a Partner means a member of Trademarkit LLP or an employee or consultant of Trademarkit LLP.
“You”, “Your” and “Client” means the natural or legal person entering into this Agreement.
“Agreement” means the Agreement between You and Us made on these Terms and Conditions.
“Services” means any professional services, advice, or information We agree to provide You under this Agreement.
“Terms and Conditions” means these terms and conditions of business.
1. Use of this website
1.1 The information provided on this website is intended as information only and does not constitute advice. The information provided by the website should not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. The owners of the website do not guarantee the accuracy, precision or exhaustive nature of information published on the website.
1.2 The trade mark information available on this website is no substitute for professional legal advice. Detailed professional advice should be obtained before taking or refraining from action based on any of its contents. It is always recommended that you carry out a trade mark search before using a new trademark. Whilst we endeavour to ensure the accuracy and the completeness of the pages on this website, we accept no responsibility for any loss occasioned as a result of reliance placed on any part of its contents. To the maximum extent permitted by law, the owners of the website expressly exclude all representations, warranties, obligations and liabilities in connection with the website or other third party websites, and the information provided therein.
2. Agreement, Fees and Charges, and Payment Terms
2.1 By requesting any Services from us, you will be deemed to have accepted the terms and conditions of this Agreement, which will govern the provision of our Services to the exclusion of any other terms and conditions.
2.2 It is important that we are able to identify who is responsible for settlement of all our invoices and for reimbursement of all our costs and expenses. We shall be entitled to assume, unless otherwise instructed in writing, that this is the person (including an individual, firm or company) providing us with the instructions in relation to a matter. Thus if we accept instructions from professional representatives, such as lawyers, trade mark attorneys or patent attorneys (whether in the UK or abroad) they will be responsible for settlement of all our invoices and for reimbursement of all our costs and expenses incurred in carrying out their instructions.
2.3 We welcome instructions from new clients and start up companies. Nevertheless, for all new clients we have a policy of seeking adequate funds on account in advance of carrying out any work. In general, we will not carry out any instructed work until the requested payment has cleared into our bank account. Interest will not be payable on any monies held on account.
2.4 We reserve the right to request that individuals or corporate bodies based overseas direct their instructions to us through a professional representative such as, a registered patent or trade mark attorney, based in their country.
2.5 Where possible We will provide a fixed fee for the work to be carried out. In particular, for filing a UK, European Union, or USA Trade Mark application, a fixed fee shall be agreed with You beforehand, which fee shall be payable in advance. Payment needs to be made in British pounds. This non-refundable fee will cover the official filing fees and legal service fees. It will not cover our services in dealing with any official objections, oppositions, threatened oppositions, or other unforeseen problems that may arise during the prosecution of the application.
2.6 Where a fixed fee has not been agreed, or where work falls beyond the scope of the fixed fee, our fees will be calculated based on the amount of time actually spent in dealing with the matter in question, together with any expenses incurred on your behalf. The hourly rate is £120 per hour, unless otherwise agreed in writing with the client.
2.7 Costs estimated or quoted will not cover work outside the original instructions, or work that could not reasonably have been foreseen, for which an additional charge will be made.
2.8 Disbursements incurred in carrying out the work will be charged to the client, including official fees, costs of telephone calls, fax transmissions, obtaining copies of published documents, travel expenses, courier charges, bank charges, barristers’ fees, and overseas associates’ fees.
2.9 All estimates and quotations are valid for a period of thirty (30) days. Estimates and quotations relating to non-UK trade mark applications, or any services connected with IP rights outside of the UK, and are based on current exchange rates. We reserve the right to pass on exchange-rate related price increases should the exchange rate fluctuation equal or exceed five (5) per cent.
2.10 We reserve the right to increase our hourly rates and service charges at any time.
2.11 If you cancel or amend any instructions after we have started work you will reimburse us for all costs, expenses, charges and losses incurred by us as a result of such cancellation or amendment, including without limitation any costs, expenses or charges arising from the cancellation or amendment of any contracts we have entered into and/or instructions we have given to third parties for the purpose of performing our Services for you.
2.12 All sums payable hereunder will be invoiced and paid in pounds sterling unless alternative arrangements have been agreed. All invoices are due and shall be paid on receipt.
2.13 If any request for payment in advance or settlement of an interim account is not met on time, or where any payment is overdue, we reserve the right to suspend or refrain from taking action on your behalf, without incurring any liability to you or any other party, even if this causes you or any other party to lose, or fail to obtain, any rights which would have been theirs had we acted. In such circumstances, We accept no liability for the effects of delays or for any other loss or damage suffered as a result.
3. Instructions, Responsibility and Liability
3.1 We shall exercise all due skill, care and diligence in carrying out work on behalf of a client. Our duty to a client does not extend beyond the instructions that We have agreed to carry out, and We shall not have any non-contractual duty to a client that exceeds our contractual duty to carry out the instructions that We have agreed to perform.
3.2 Notwithstanding 3.1 above, We reserve the right to allow a trade mark application, an opposition, or any other on-going matter to lapse or terminate if, following reasonable efforts to obtain instructions from the client, no instructions have been received.
3.3 Instructions should be given, wherever possible, in writing by letter or electronic mail. No responsibility can be accepted for errors or omissions arising from misinterpretation of verbal instructions not confirmed in writing by the client.
3.4 We reserve the right to decline to accept any instructions at our discretion, and We reserve the right to decline to continue to act in any specific matter, or for any specific client on reasonable prior written notice for any reason.
3.5 We shall only be liable to our instructing client and not to any third party.
3.6 We shall not be liable for any misuse of confidential information, or loss of confidentiality, resulting from the use of e-mail for sending or receiving confidential information, because of the inherent lack of security for that mode of communication.
3.7 After an application process is finished, and the application has matured to registration, it will stay on record in most countries for ten years, during which time We will remain the address for service for documents from the government Offices or overseas attorneys whom We have been dealing with on your behalf during the application process. We will need to contact you over the years as and when your trade mark registration(s) fall due for renewal and for advising you of receipt of any documentation from the government Offices referred to above; it is important therefore that you notify us of any change of address so that We can contact you. Otherwise, you may lose your trade mark rights. In such circumstances, We will not be liable for any loss or damage suffered due to being unable to contact you.
3.8 We will not be liable for any delay in performing or failure to perform our Services to the extent that such delay or failure results from any cause or circumstance beyond our reasonable control (an “event of force majeure”). If any event of force majeure occurs, the date(s) for performance of our Services will be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues for a period of or exceeding 60 days either party may cancel the affected Services immediately on written notice to the other party.
4. Transfer of your work to another practice
4.1 If you should decide that you want to transfer your work to another practice, for example if another company acquires your company and wants your company to use their trade mark advisors, We will, once all invoices for matters We have been handling for you are paid, co-operate by providing to the new practice any information the new practice requests, and forwarding to the new practice any documentation from the government Offices or overseas attorneys until such time as the new practice has notified them of the change in responsibility to the new practice. We will need to charge for our time for this, but the charge will be no more than the usual hourly rate plus any disbursements.
5. Retention of Your Files
5.1 We will retain your files indefinitely. We do not delete or destroy them, even if you have ceased to be a client. However, if you no longer wish us to remain as the address for service for your trade mark matters and specifically request that your files be deleted/destroyed then We will comply with your request.
6.1 Unless otherwise specifically agreed by us, the Services will not extend to issuing reminders for and processing renewals of any of your registered rights. Accordingly, unless specifically agreed by us, we shall assume that you have made other arrangements for reminders and for processing renewals of any of your registered rights, or that the registered rights are to lapse.
6.2 If we have agreed to process renewals of any of your registered rights then, we require prior written instructions, and we reserve the right to require payment in advance. Regarding any specific renewal of any specific registered right, and the related relevant due date, in the absence of written instructions at least one month prior to the relevant due date, and cleared payment received at least one month prior to the relevant due date, we shall assume that the rights are to lapse, unless we have agreed otherwise in writing.
7.1 The invalidity or unenforceability of any term or right arising pursuant to this Agreement will not adversely affect the validity or enforceability of the remaining terms and rights.
7.2 This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing, with respect to the same. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in communications between the parties prior to the date of this Agreement except as set out in this Agreement. Neither party will have any remedy in respect of any untrue statement made to it upon which it has relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedies will be for breach of contract as provided in this Agreement.
7.3 If a conflict of interest exists between your instructions and those of any other client for whom we are acting, or arises during the term of this Agreement, we reserve the right to ask you to seek advice elsewhere. Assistance in finding a suitable alternative representative is available on request.
7.4 The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party’s right later to enforce or to exercise it.
8. Governing Law and Jurisdiction
8.1 This contract and any contract for the provision of services by Us to the client shall be governed by, and construed in accordance with, English law. Both parties submit to the exclusive jurisdiction of the English Courts, unless otherwise agreed.