Terms and Conditions
Last updated 6 August 2018
1. General provisions
Please read these terms and conditions carefully before you start to use the website. By using our website, you indicate that you accept these terms and conditions and that you agree to abide by them. Please read these Terms and Conditions as they form the basis by which you can use of our website https://trademarkhouse.org.
This website is operated by Trademark House Limited Trademark House Limited ('Trademark House', 'we', 'us') provides a professional service.
We work within the guidelines laid down by the official trademark registries but we can offer no guarantees as to the consistency of the examiners at the official registries. Those examiners who decide whether a mark will or won’t be accepted are not always completely consistent.
We strongly advise that you do not commit financially to a business until the trademark is registered.
2. The contract
By placing an order through our website you are agreeing to a contract between yourself and us. Acceptance of your order brings into existence a legally binding contract between us.
Our service to you will commence on acceptance of your order. We will confirm this by email to the email address provided by you.
We reserve the right not to accept your order or instructions at our sole discretion.
The prices payable for services that you order are as set out in our website or as otherwise quoted by us in respect of international applications or other matters.
Where an application requires work to be carried out by a third party, such as local representatives in the case of international applications, we will provide, in advance, an estimate of the costs for this. However, since these additional costs are estimated, they are provided as a guide only and if you agree to accept the additional work, you will be charged the full amount, even if it exceeds the estimate.
Payments are made through the secure payment processor PayPal. You have the choice to either pay through your PayPal account, or by Debit or Credit card. Your card details are not seen or taken or processed by us.
By purchasing from us you confirm that the credit or debit card used is yours and understand that all credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
If the issuer of your payment card refuses to or does not, for any reason, authorise full payment to us, we will not be liable for any delay or non acceptance of your order.
You must tell us in writing if you wish to amend your order at any time during the application process,but before submission to the registry, please email us. We will confirm the amendment by return email. Amendment requested after submission to the registry cannot be accepted.
If you cancel your order after we have started our comprehensive searches, then you will be charged the full advisory fees plus any additional charges incurred by us on your behalf. We will reimburse any official registry fees paid by you. However, once your trademark application has been submitted to the registry, then those official registry fees cannot be reimbursed. This is because the official registries do not refund fees once paid.
5. Money-back Guarantee
If for any reason the trademark application is not accepted by the official registry, then you will be reimbursed 100% of our advisory fee paid by you.
7. Use of Content
We are the owner of the intellectual property in our website. If you would like to use any of the content for non-commercial purposes, then please ask us for permission. The use of the content for commercial purposes is not allowed.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for the following:a. loss of income or revenue; b. loss of business; c. loss of profits or contracts; d. loss of anticipated savings; e. loss of data; f. loss of goodwill; g. wasted management or office time.
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
If for any reason you do not receive notification by e-mail of commencement of the services ordered by you within 21 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the services.
If you notify a problem to us under this condition, our only obligation will be at our option:to make good any non-delivery of service; to refund to you the amount paid by you for the service in question.
Any liability resulting from our delivery of services will be limited to direct damages up to the amount of the price paid by you for the services concerned. We will not be liable for any special, indirect or consequential loss or damage whatsoever (whether caused by our negligence or otherwise) which arises out of or in connection with the supply of the service.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary legal or other permits to register your trademark.
The use of our services by you may be prohibited by certain national laws and by the statutory requirements of certain registration bodies. We make no representation and accept no liability in respect of your right to register a trademark.
By entering into the contract with us you irrevocably authorise us to submit on behalf of you or other individuals or bodies all necessary documents with third parties including, without limitation, documents at trademark registries and you warrant that you have sufficient authority from the individuals or bodies mentioned in this sub-clause to instruct us on their behalf.
9. Disclaimers & limitations of liability
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been fairly described. However, orders will only be accepted if there are no material errors in the description of the services or their prices as advertised on our website.
The length of time needed to complete an application will vary. We cannot guarantee that the trademark application will be completed within a certain time period. Any estimated times given relating to the services are approximate only.
We shall not be held liable for any information posted on websites which may have links to or from our website and which are not owned by us.
For UK and Community Trademark applications, our services do not include carrying out searches of national trademark registries, other than that of the UK. Other national searches may be carried out on request, at an additional cost. All trade mark searches are solely based on the information available to the public from the relevant registry's on-line search systems, as of the date recorded on this search report. The records reviewed in the search may contain errors or omissions beyond our control which affect the accuracy of the search results. Consequently, the search results cannot be guaranteed for comprehensiveness or accuracy. Also, the search does not cover recently filed applications as there is a time lag between the filing and indexing of new applications on the Registers.
It is your responsibility to provide whatsoever information to us and/or the registry in a timely and full manner as is reasonably required to support a successful trade mark registration which may involve significant additional expense on your part including taking legal advice. Failure to do so will invalidate the terms of our money back guarantee.
We are not legal practitioners and do not offer legal advice or legal services. Opinions offered by our officers or agents should not be taken as a substitute for informed legal opinion.
You accept that we may use selected agents and third parties to provide the service to you.
Our acceptance or non acceptance of your order is non-prejudicial to the likely successful registration of your mark as a trade mark.
We cannot be held responsible for any loss or damage resulting from the action taken or refrained from as a result of advice given by us or our agents.
By placing your order through this Website you acknowledge email communication as the preferred method of concluding agreements with us.
We will not file an application for a trade mark registration until you have communicated to us that you wish to proceed with the application following receipt of our advice. However, if we then receive no further response from you within a reasonable period of any subsequent communications, we reserve judgement to act in your best interests, which may include filing your application without further input from you. We accept no liability for the filing of an application that you have confirmed you would like to proceed with.
We shall assume that our over-riding instructions are not to let your rights lapse without specific instructions to do so. Any action taken in accordance with Clause 10.2 shall be in accordance with these over-riding instructions.
Once you have approved the specification, we will submit the application. Changes or additions cannot be made to the specification after the application has been submitted and we accept no liability for the filing of a specification that you have approved.
It is important that you inform us promptly of any change of address, telephone number and email address. We cannot be held responsible for any for any delay or loss of rights in any case where you have failed to inform us of such changes.
We will offer a guarantee on 'Our fees' only if the application meets our criteria for doing so. We will always advise the client of this. If there is any reduction in the guarantee the client is free to instruct us not to proceed with the application in which case the order will be cancelled and no fees payable. It should be noted the Registries never refund their fees.
Should the application that we file on your behalf as part of our service to you be rejected by the registry concerned, if we have guaranteed the application, we will refund our fees and the registry fees to you within 28 days of our receipt of notice of refusal by the registry provided that you have complied in full with these Terms and Conditions.
Where we have guaranteed an application, the guarantee shall only stand if you continue to pursue and defend your application in the event of an objection from the Examiner or an opposition by another mark owner up to the point that the application is withdrawn other than by your request. Further costs may be incurred by you in order to pursue or defend an application.
Where, following an objection from the Examiner or an opposition by another mark owner, your mark is permitted to proceed with a more limited specification than that applied for and you have consented to the application proceeding in this way, the application will be deemed to have succeeded and our guarantee will not be payable.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.
13. Governing law, jurisdiction and language
The contract between you and Trademark House Limited shall be governed by and interpreted in accordance with the laws of England and the English courts shall have jurisdiction to resolve any disputes between us.
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. All contracts are concluded in English.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Trademark House Limited, 32 Threadneedle Street, City of London,EC2R 8AY, United Kingdom.
15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
17. Entire agreement
These terms and conditions constitute the whole agreement between us and supersede all previous agreements between us relating to the work. Each party acknowledges that, in agreeing to these terms, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these terms.