Privacy Notice - Terms & Conditions

 

Privacy Notice

 

This is the privacy notice of Trademarkit LLP, a limited liability partnership registered in England and Wales, registered number OC412199, with a registered office address at Apt 3361, Chynoweth House, Trevissome Park, Truro, Cornwall, TR4 8UN, England.

This Privacy Policy should be read in conjunction with our Terms and Conditions, and in all cases, both will apply to your use of our Services and/or our website. In the event of any inconsistency between this Privacy Notice and our Terms and Conditions, the Terms and Conditions will take precedence in every case. The same definitions apply. For the avoidance of doubt, in this document, "we", "our", or "us" refer to Trademarkit LLP.

 

Introduction

1. This is a notice to inform you of our policy regarding all information that we may record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us by any direct or indirect means (including any information provided by your employees, partners, agents, or associates). It covers information that could identify you (“personal information” or “personal data”) as well as information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

2. Personal data is any information that allows someone to identify or contact you, for example, your name, address, telephone number, email address, as well as any other information about you that is associated or linked to such information. Please read the Notice carefully to understand our policies regarding your information and how we will treat it. By submitting any of your personal data or information to us through our website, or by email, letter, fax, or otherwise, you are agreeing to the terms of this Privacy Notice and you expressly consent to the collection, use and disclosure of your information in accordance with this Privacy Notice.

3. If there are any points below with which you do not agree, your only recourse is to leave our website immediately.

4. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.

5. To the best of our knowledge, our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).

6. The law requires us to tell you about your rights and our obligations to you regarding the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org

7. Except as set out below, we do not share, or sell, or disclose to any third party, any information provided by you.

 

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

 

1.          Information we process because we have a contractual obligation with you

When you buy any services from us, ask for advice relating to trade marks or intellectual property law in general, or otherwise agree to our Terms and Conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract, we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

1.1.       verify your identity for security purposes

1.2.       provide you with our services

1.3.       provide you with suggestions and advice regarding our services or intellectual property law

 

We process this information on the basis that there is a contract between us, in accordance with our standard Terms and Conditions, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

 

2.          Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us info@trademarkit.co.uk. However, if you do so, you may not be able to use our website or our services further.

 

3.          Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

 

 Specific uses of information you provide to us

 4.          Information provided on the understanding that it will be shared with a third party and may become publicly available

4.1.       As explained in clause 11 of our Terms and Condition, when an application for a trade mark or other intellectual property right is filed, the applicant’s (owner’s) name and address will be published by the relevant Intellectual Property Office and will become viewable on the Office’s on-line searchable records. The information will become a matter of public record and cannot be removed or deleted. There is nothing that can be done to prevent this. By instructing us to file for an intellectual property right on your behalf, you understand and agree that your name and address will be published by the relevant Intellectual Property Office. In the case of individuals, you should provide a business or PO Box address if you do not want your home address to be published.

4.2.       In order to carry out your instructions, it may be necessary for us to instruct third parties, such as foreign lawyers or trade mark attorneys, to act on your behalf (please see clause 4 of our Terms and Conditions). These third parties may be located outside of the United Kingdom or the European Union. Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

 

5.          Information relating to your method of payment

Payment information is never taken directly by us or transferred to us through our website. Payments to us should be made by bank transfer or by credit/debit card. If payment is made by credit/debit card, you will be transferred to a secure page on the website of Wave Financial Inc (a Canadian corporation also trading as “Wave”), or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us. We will not keep a record of the details of any credit/debit cards used to make payments to us.

 

6.          Sending a message to our support team

When you contact us, whether by telephone, through our website, by letter, fax, or by e-mail, we collect the data you have given to us in order to reply with the information you need and/or provide the requested services.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.

 

7.          Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint.

 

Use of information we collect through automated systems when you visit our website

8.          Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

We do not knowingly use any cookies in connection with our website, but we cannot rule out the possibility that cookies are placed by third parties whose software or services we use but over whom we have no control.

 

9.          Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website may be recorded.

Information such as your geographical location, your Internet service provider and your IP address may be recorded, as well as information about the software you are using to browse our website (including the type of computer or device and the screen resolution).

We may use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.                

 

Disclosure and sharing of your information

10.      Data may be processed outside the European Union

As indicated in Clause 4 above, in order to provide you with the required services it may be necessary to use the services of professionals, such as foreign lawyers or trade mark attorneys, which may be located in countries outside of the European Union. Accordingly, data obtained within the UK or any other country could be processed outside the European Union.

 

Access to your own information

11.     Access to your personal information

Any personally identifiable information that we hold about you will be stored either within emails (sent between you and us) or in electronic files (please see clause 10 of our Terms and Conditions). At any time, you may request that copies of our files relating to you, or to the services we have provided to you, be sent to you. To obtain a copy of such information you may send us a request at info@trademarkit.co.uk. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

 

12.      Removal of your information

As stated in clause 10 of out Terms and Conditions, our electronic files may be retained indefinitely, 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 all your electronic files be deleted/destroyed, then we will comply with your request.

 

13.      Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

 

Other matters

14.      Use of site by children

14.1.    We do not sell products or provide services for purchase by children, nor do we market to children.

14.2.    If you are under 18, you may use our website only with consent from a parent or guardian

 

15.      How you can complain

15.1.    If you are not happy with our privacy policy or if have any complaint then you should tell us by email. Our address is info@trademarkit.co.uk

15.2.    If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

15.3.    If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office. This can be done at https://ico.org.uk/concerns/

 

16.      Retention period for personal data

As provided by clause 10 of our Terms and Conditions, emails and electronic files may be retained indefinitely, 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 all your electronic files be deleted/destroyed then we will comply with your request. We may destroy paper files, draft documents and other papers which are more than 6 years old.

 

17.      Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website and/or our services.

 

18.     Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.

 

Terms and Conditions

Definitions

The words “Trademarkit”, “Us”, “Our”, and “We” refer to Trademarkit LLP (also trading as trademarkregistration.org.uk). Trademarkit LLP is 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” or “Contract” 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” or “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.

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. The Agreement and Contractual Relationship with You

2.1 By requesting any Services from Trademarkit LLP, and/or by sending us further instructions, and/or by allowing us to commence performing any Services, you will be deemed to have accepted these Terms and Conditions, which will govern the provision of our Services to the exclusion of all other terms and conditions. These Terms and Conditions shall apply to all matters in respect of which we accept instructions from you to perform professional services. If we agree to perform any such Services, then a contract will exist between us, and the contract will be governed by these Terms. We shall not, however, be obliged to accept any such instructions.

2.2 Any changes to these Terms that are agreed between you and us must be confirmed in writing by us to you in order to become effective.

2.3 If we decide, for any reason, not to enforce any particular provisions of the Agreement, this will not prejudice our rights under these Terms at any time.

 

3. Instructions and the Identity of the client

3.1 In order to provide any Services, we must know who is our client and who will be responsible for payment of our invoices. We will assume, unless instructed differently in writing, that the person (including an individual, firm or company) providing us with the initial instructions in relation to a matter is our client. If we accept instructions from professional representatives, such as lawyers or trade mark attorneys (whether in the UK or overseas) they will be responsible for the payment of all our invoices and for the reimbursement of all costs and expenses we have incurred in carrying out their instructions.

3.2 If a client asks us to issue invoices to another party (such as another company in the same group) then we may agree to this, but in this case the responsibility for making such payments remains with the instructing client.

3.3 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.

3.4 It is important that clients provide us with timely, complete and accurate information and instructions. Instructions should be given, wherever possible, in writing by letter or electronic mail. Since misunderstandings can occur with oral instructions, all oral instructions must be confirmed in writing (whether by letter or email). We accept no responsibility for errors or omissions arising from misinterpretation of oral instructions not confirmed in writing by the client.

3.5 Intellectual Property offices often impose time limits and the failure to meet these deadlines can result in the loss of the client’s rights. We will not be liable if the client fails to provide instructions that are clear, complete and early enough to enable us to act within official time limits. We will endeavour to inform you of time limits and of actions or instructions that are required, but we do not undertake to issue reminders.

3.6 If you give us late instructions, we may not be able to implement your instructions in time and we shall have no liability for any losses that arise as a consequence.

3.7 You agree that if we act on the instructions of your authorised agent, solicitor or other adviser, then we are entitled to rely upon all the information and instructions given to us by that person until we receive your written signed instructions to the contrary.

3.8 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.

3.9 We shall only be liable to our instructing client and not to any third party.

 

4. Communicating with us and keeping information up to date

4.1 You should ensure that you inform us promptly of any change of address, emails, or any change of ownership of your Intellectual Property rights. No responsibility can be accepted for any loss of rights in any case where you have failed to inform us of such changes.

4.2 Once a trade mark has been registered, it will remain valid in most countries for a period of ten years. During this 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 Intellectual Property rights fall due for renewal and for advising you of receipt of any documentation from the government Offices referred to above. It is important that you notify us of any change of address, including change of email 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.

4.3 We will normally communicate with you by email, mail or fax. Emails may lack security or jeopardise confidentiality. Confidential or business sensitive information should be sent to us by private courier or registered/tracked mail. We accept no liability for non-receipt or late receipt by us or by you of email communications, or for any corruption in the information communicated to us or to you, or its disclosure to other parties as a result of the interception of such communication. If you do not wish to receive email communications from us, then please let us know.

4.4 We regularly carry out virus checks and we advise you to carry out your own virus checks on any communications (whether in the form of computer disc, e-mail, Internet or otherwise). We accept no liability (including negligence) for any viruses that may enter your system or data by these or any other means.

 

5. Instructing Third Parties to Act on Your Behalf

5.1 In order to carry out your instructions, it may be necessary for us to instruct third parties, such as foreign lawyers or trade mark attorneys, to act on your behalf. We may either instruct such third parties directly on your behalf, or require you to sign a power of attorney or similar appointment to engage such third party directly.

5.2 Such third parties are not part of this Firm. Although we will endeavour to select third parties whose performance and expertise we regard as being of good quality, we will not be liable for any losses, liabilities, costs or expenses arising as a result of any default or negligence on the part of any such third parties.

 

6. Authority

For such period as you instruct us to carry out work on your behalf, you hereby agree to give us express authority to complete and sign in your name such forms or other documents as are necessary or desirable to carry out your instructions. You agree to indemnify us in respect of all costs, claims, demands and expenses that may result from the exercise of that authority.

 

7. Our Obligations

7.1 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.

7.2 Notwithstanding 6.1 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.

 

8. Charges

8.1Where 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. In general, we will not carry out any instructed work until the requested payment has cleared into our bank account. 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.

8.2 Where a fixed fee has not been agreed, or where work falls beyond the scope of the fixed fee, our fees will be principally based on the amount of our professional time spent dealing with the matter, although other factors may also be taken into account. Such factors may include (but are not limited to) the size and complexity of the matter and the degree of urgency involved. We reserve the right to adjust our standard charges if highly specialised knowledge is required, or if the matter is complex and/or urgent.

8.3 All actions and attention by us in providing the Services are chargeable, including (for example) both incoming and outgoing telephone calls, travelling, the sending of reminders and reporting to you on communications that we may receive from our foreign associates and other specialist providers, as well as in acting for you generally.

8.4 We reserve the right to increase our hourly rates and service charges at any time.

8.5You will be responsible for any expenses incurred by us on your behalf. These expenses may include (but are not limited by) Intellectual Property Office fees, Court fees, solicitors’ fees, the costs of any experts or other agents (including any foreign lawyers), costs of telephone calls, fax transmissions, obtaining copies of published documents, travel expenses, courier charges, and bank charges.

8.6 Whilst our fixed charges and hourly rates are predictable, you should appreciate that local representatives’ charges and official fees are outside our control since they may be changed without notice and in the case of foreign matters vary with exchange rate fluctuations.

8.7 If we instruct specialist providers on your behalf in connection with the Services, you agree we shall be entitled to make an additional charge to cover our related administration costs and any ancillary professional input by us. Details of such charges will be provided upon request.

8.8 Where we incur charges in foreign currencies, or where we agree to bill you in a foreign currency, we will apply an exchange conversion rate which is based on the spot rate at the time of billing but which includes a margin to cover our conversion costs and currency risk.

 

9. Estimates

9.1 If requested, where possible we will give estimates of future charges. They will be given in good faith based on knowledge existing at the time, but they are not binding unless we expressly agree otherwise, as charges may be affected by matters beyond our control and the amount of work involved often cannot be accurately forecast. Estimates and quotations relating to non-UK trade mark applications, or any services connected with Intellectual Property rights outside of the UK, and are based on current exchange rates. We reserve the right to pass on exchange-rate related price increases.

9.2 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.

9.3 If during the course of carrying out the work it becomes apparent to us that our actual charges are likely to significantly exceed our estimate, we will endeavour to seek your permission before exceeding our estimated charges.

 

10. Payment Terms

10.1 We shall not be obliged to grant you any credit, and we may require you to make payments on account of our fees and anticipated disbursements for the provision of the Services. In particular, where our charges are based on a fixed fee in accordance with clause 7.1 above, payment will normally be required on account.

10.2 We shall be entitled to send you invoices for fees and disbursements (whether incurred or to be incurred) regular and appropriate intervals as we deem fit. You agree to pay such invoices by no later than thirty (30) days after they are issued (“the due date”) and free from any deductions or bank charges. Time for payment of our invoices is of the essence.

10.3 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.

10.4 All sums payable hereunder will be invoiced and paid in pounds sterling unless alternative arrangements have been agreed.

10.5 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 to 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.

 

11. Documents, Files, and Records

11.1Our files remain our property at all times, in accordance with recommended practice. 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, including a copy of the relevant file, and forwarding to the new practice any documentation from the Intellectual Property 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 charge for our time for this based on our normal hourly rate plus any disbursements.

11.2If you send us papers, samples, or other materials, please tell us at the same time if you would like them to be returned. Otherwise, we will incorporate them into our files.

11.3Emails and electronic files may be retained indefinitely, 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 all your electronic files be deleted/destroyed then we will comply with your request. We may destroy paper files, draft documents and other papers which are more than 6 years old. In the absence of contrary instructions, we will assume that you are content with this arrangement.

 

12. Data Protection and Privacy

12.1 In order to provide Services to you we will need to know your full name, postal address, email address, and in the case of corporate bodies the state of incorporation. No other personal information will be collected, and we will not keep a record of any credit cards used to make payments to us.

12.2When an application for a trade mark or other intellectual property right is filed, the applicant’s (owner’s) name and address will be published by the relevant Intellectual Property Office and will become viewable on the Office’s on-line searchable records. There is nothing that can be done to prevent this. By instructing us to file for an intellectual property right on your behalf, you understand and agree that your name and address will be published by the relevant Intellectual Property Office. In the case of individuals, you should provide a business or PO Box address if you do not want your home address to be published.

12.3 We shall keep all your information and documentation confidential, and will will not disclose any information to any third party, except where disclosure is required by law or regulation, or in other exceptional circumstances.

12.4 Your personal data and information will only be used for the purposes of providing the agreed Services to you under these Terms. We will not use your personal data and information for any other purpose unless we are required to do so by law or under a court or regulatory authority order.

 

13. Searches

Any searches you request may be carried out by us, by the relevant Intellectual Property Offices, by foreign lawyers/attorneys, or by an independent specialist searching firm. Due to the limitations and occasional errors in classifications, indices, computer databases and official records, no search can be guaranteed for comprehensiveness or accuracy. Even where a search indicates that there is no apparent obstacle to the use and/or registration of your proposed mark, we cannot guarantee that your mark will eventually be successfully registered or that no objections to the use of the mark will arise. We will endeavour to point out any particular limitations when reporting search results and may recommend extending the search.

 

14. Filing of Applications for Intellectual Property Rights

14.1 Once an application for a trade mark or other intellectual property right has been filed it is not possible to change the trade mark in any way, or to add any extra classes or goods/services to the application. It is essential that you provide us with the correct form of the mark that you wish to protect, and ensure that you inform us of all the goods/services that you wish to cover in the application. We cannot be held responsible if the application does not meet your requirements because you failed to provide us with the correct mark and all the relevant information before filing.

14.2 If you instruct us to file an application for a trade mark or other intellectual property right and subsequently change your mind, provided that the application has not yet been filed we will endeavour to provide a refund, although we may make deductions for any expenses incurred or work carried out. Once the application has been filed the fees are non-refundable.

 

15. Renewals

15.1 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.

15.2 Before we can agree to attend to the renewal of any of your registered intellectual property rights we will 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.

15.3 Unless otherwise specifically agreed by us, the Services will not extend to issuing you with reminders for and processing the renewals of any of your registered rights.

 

16. Indemnity for Threat of Infringement Proceedings

Before we send any warning on behalf of a client to a third party regarding possible infringement, we ask the client to indemnify us against the risks of our being sued for making an unjustified threat of infringement proceedings.

 

17. Conflicts of Interest

17.1 It is possible that we may be acting at any one time for two or more clients who are commercial competitors. We will not knowingly act for or against another client in a matter involving an active dispute with you without your written approval and the written approval of the other client, but you agree that we will not be prevented from acting for any of your competitors merely because they are competitors.

17.2 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.

 

18. Force Majeure and Exclusion of Our Liability

18.1 Your relationship is with Trademarkit LLP exclusively. Trademarkit LLP will have exclusive liability for carrying out the Services and for any negligent act or omission by us in the course of providing those Services. You agree that no individual partner or employee of Trademarkit LLP will have any personal liability for those Services under any circumstances whatsoever. You also agree that a partner or employee of Trademarkit LLP signing in his own name any letter, email, or other document in the course of providing Services does not imply he/she is assuming any personal liability separate to that of Trademarkit LLP. You agree that any claim brought in respect of any matter on which we were instructed will be made against Trademarkit LLP and not against any individual partner or employee of Trademarkit LLP.

18.2 You agree that we shall have no liability, nor shall we be deemed to be in breach of any duties or obligations owed to you, if at any time we are prevented, delayed or hindered in complying with such duties and/or obligations by reason of any circumstances beyond our reasonable control (an “event of force majeure”).

18.3 We shall not be liable to you for any indirect or consequential loss or damage, costs, expenses, or other claims for consequential compensation whatsoever (howsoever caused), or loss or damage (contractual, tortious, breach of statutory duty or otherwise) that arises out of or in connection with the contract (including loss of profit or other economic loss) for any liability incurred by us to any other person for any economic loss, claim for damages or awards howsoever arising from the Services or otherwise.

 

19. General

19.1 Nothing in the contract shall create, or be deemed to create a partnership or joint venture or relationship of employer and employee between the parties.

19.2 If at any time any one or more of the conditions of the contract (or any sub-condition or paragraph or any part of one or more of these Terms) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the contract and the validity and/or enforceability of the remaining provisions of the contract shall not in any way be affected or impaired as a result of that omission.

19.3 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.

19.4 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.

 

20. Governing Law and Jurisdiction

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.

Trademarkit LLP is a limited liability partnership registered in England and Wales, registered number OC412199


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