Trademark House Terms and Conditions
Last updated March 2020
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.
This website is operated by Trademark House Limited. (Trademark House, We, Us)
We provide a professional Trademark Registration Service.
We work within the rules of the official trademark registries and have to go by the examiner’s ruling. Those examiners who decide whether a mark will or won’t be accepted are not always completely consistent and therefore we cannot guarantee acceptance of a Trademark.
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 yourself and us.
Our service to you will commence on receipt of your payment. We reserve the right not to accept your order or instructions at our sole discretion in which case any fees paid will be reimbursed.
The prices for UK and EU Trademark registrations are mentioned on our website. For international Trademark applications we will provide you with a written quote.
However, when an application requires additional work to be carried out, for example in the case of opposition, we will provide, in advance, an estimate of the costs for this. 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.
If your proposed trademark name is not available then the total amount, minus £30 for our initial searches, will be reimbursed. However, we will search free-of-charge two further trademark names if needed so that we can continue your trademark registration application.
If you purchase extra trademark classes that you decide not to use prior to the trademark registration application submission, we will reimburse you for that amount.
If you decide to add extra classes prior to the trademark registration application submission, the regulatory fee for that class will be charged to you only with no extra costs.
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 you understand that 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 agree to tell us in writing if you wish to amend your order at any time before submission of the application to the registry. We will confirm the amendment by email. Amendments 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 to them.
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 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 loss of income or revenue, loss of business loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time.
For any other loss or damage of any kind, however arising and whether caused by 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 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 do notify us, we will either make good any non-delivery of service, or refund 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 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.
All trademark searches are solely based on the information available at the relevant registry’s online database. 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 trademark registration.
You accept that we may use selected agents and third parties to provide the service to you.
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 submit an application for a Trademark registration until you have told us in writing (by email) that you wish to proceed.
If you fail to respond to communications from us with regard to any queries about your application, we will postpone sumission to the Trademark office until we have received your response. We accept no liability for any delay of filing of an application caused by this.
Changes or additions cannot be made to the specification after the application has been submitted to the official registry 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.
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.
12. 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.
14. 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.
15. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
16. 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.