Terms and Conditions
Users of our service should be aware that trade marks and their registrability is not an exact science. Examiners at the registries who decide whether a mark will or won’t be accepted are not perfectly consistent. Our systems and processes are robust. But errors can be made, and with moving goal posts we can offer guarantees, but no absolute promises of success.
We strongly advise users that no significant time or money be committed to a business until the trade mark is registered, if failure to obtain the desired trade mark could jeopardise this investment in any way.
We also draw clients attention to clause 2.8 which explains under what circumstances our fees become automatically payable and when an order can be abandoned with nothing to pay.
Terms & Conditions
Last updated 11th July 2013
1. General provisions
1.1 Please read these Terms and Conditions as they form the basis by which you can use of our website www.trademarkdirect.co.uk and are applicable to any agreements concluded between you and Trade Mark Direct Limited ('us').
2. The contract between us
2.1 By placing orders through this website you are offering to contract with us for the supply of paid for trade mark search and registration services.
2.2 When you place an order to purchase a service from us we will send an e-mail to the address you give us confirming receipt of your order and the details of your order
2.3 We require a verified credit / debit card and authorisation for full payment before we can consider your order. Authorisation of your card may reduce the available credit or balance at the discretion of the card issuer. Trade Mark Direct Ltd has no control over this.
2.4 Your order is accepted by us when you have received an e-mail confirmation that we have accepted your order. If we need to discuss your order with you prior to this we will endeavour to contact you by e-mail.
2.5 Acceptance of your order brings into existence a legally binding contract between us.
2.6 Our service to you will commence on acceptance of your order.
2.7 We reserve the right not to accept your order or instructions at our sole discretion.
2.8 We do not charge up front fees for our initial review of an order and advice to clients in respect of UK and Community trade mark registration applications except where our system says 'yourtrademark is probably not available to register', see 2.10 below. However we do not offer unlimited free trade mark advice. Once we have determined the application meets our criteria for filing under guarantee, or you have confirmed that you would like to proceed in any case, we take payment in full. If the client subsequently decides to cancel their application we refund any registry fees unpaid. We do not refund our fees.
2.9 In circumstances where advice or services are to be paid on an hourly basis the minimum rate is £175 p/h plus VAT.
2.10 Where our system says 'yourtrademark is probably not available to register' you can still order an automated search report and inital advice from our Attorneys. However the fees prevailing are non-refundable as the system has already shown there is a low likelihood of the application succeeding.
3.1 The prices payable for goods that you order are as set out in our website or as otherwise quoted by us in respect of international applications or other matters. Our fees are inclusive of Vat at the current rates and are correct at the time of entering information. Statutory charges are not subject to Vat.
3.2 Where matters require work to be carried out by a third party such as local representatives in relation to international applications, we will always attempt to provide an estimate of the fees and costs that will be incurred, in advance. However, any estimates are provided as a guide only and are not binding on us. As such fees and costs are out of our control, you accept that they may be changed without notice.
4.1 We accept credit or debit card payments with cards including Visa, Mastercard, Maestro, Electron, Switch, JCB and Solo.
4.2 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.
4.3 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.
5. Payment security during checkout
5.1 Your confidential information is protected in transit from your computer during checkout using the Secure Sockets Layer (SSL) protocol with an encryption key length of 128 bits - the highest commercially available.
6.1 You must tell us in writing or another durable medium if you wish to cancel your order. This includes by letter, fax or email.
6.2 You should retain evidence of having given cancellation notice such as certificate of posting or confirmation of fax transmission.
6.3 Your cancellation rights will end once we have begun to carry out the service
6.4 Subject to Clause 2.8, if you cancel or amend any instructions after we have started work you may be liable for any costs, expenses, charges and losses incurred by us up to the date of such cancellation or 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 the work.
7. Use of Content
7.1 You acknowledge and agree that any intellectual property rights in all material, content and know-how that form part of our website remain at all times vested in us and/or in our content providers, as applicable.
7.2. For the avoidance of doubt, clause 7.1 shall not include those trade marks, graphics and texts submitted by You in relation to our advice and registration services, where there is no conflict with such trade marks, graphics and texts and our rights as set out in clause 7.1.
8.1 If you do not receive notification by e-mail of commencement of the services ordered by you within 30 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.
8.1.1 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 in whatever way we choose.
8.2 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 shall 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
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary legal or other permits to register the trade mark.
8.4 The usage of certain 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 trade mark.
8.5 By entering into the contract with us you irrevocably authorise us to lodge on behalf of you or other individuals or bodies all necessary documents with third parties including, without limitation, documents at trade mark 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
9.1 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 this website.
9.2 Any times relating to the services we provide are approximate only.
9.3 We shall not be held liable for any information held on websites which may have links to or from our website and which are not owned by us.
9.4 Our services are limited to the provision of trade mark search services and trade mark application services. The latter includes the offering of opinion on correspondence you receive from the registry and recommendations for action that you might take to support your application until such time as the mark is approved or declined by the registry concerned. Any other service suggested or implied by this website in unintentional.
9.5 For UK and CTM applications, our services do not include carrying out searches of national trade mark Registries, other than that of the UK. Other national searches may be carried out on request, at an additional cost.
9.6 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.
9.7 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.
9.8 You accept that we may use selected agents and third parties to provide the service to you.
9.9 Our acceptance or non acceptance of your order is non-prejudicial to the likely successful registration of your mark as a trade mark.
9.10 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.
10.1 By placing your order through this Website you acknowledge email communication as the preferred method of concluding agreements with us.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
11.1 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.
11.2 Should the application that we file on your behalf as part of our service to you be rejected by the registry concerned then, if we have guaranteed the application, we will refund “Our Fee” 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.
11.3 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.
11.4 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.
12.1 Trade Mark Direct Ltd will treat all your Personal Information as confidential. We will keep it on a secure server and we will fully comply with the Data Protection Act 1998 and applicable consumer legislation from time to time in place.
12.2 All documents related to your application and the primary name and address details in whose the name the trade mark application is filed will appear on public record including but not limited to websites and journals of the relevant trade mark registry. If you do not want your address published give us a different address or a P.O. Box number.
12.3 Once details of your application have been published and so appear on the public record, we reserve the right to provide details of the application on our website and marketing documentation. Such details will be limited to details of the mark applied for and the goods and/or services to be covered by it. If you do not wish us to publish such details on our website or marketing material please inform us in writing before the application is filed.
12.4 When you shop with us on our website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information.
12.5 We use the services of approved third party companies to perform the actual card transaction. Only these companies and the acquiring bank have access to your card details.
12.6 We may also collect information about where you are on the internet (eg. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the pages of our website that were viewed during your visit. We may collect this information even if you do not register with us. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
12.7 We use your information only for the following purposes:
- Processing your orders
- For statistical purposes to improve this web site and its services to you
- To serve web site content and promotions to you during your visit
- To administer this website
- If you consent, to notify you via email of products or special offers that may be of interest to you
12.8 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
12.9 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information we are entitled do so.
12.10 We invite you to add your email address to our occasional mailing list so that we can inform you of new products and promotions from time to time. You may unsubscribe from this list by following the unsubscribe instructions which can be found at the foot of any the emails received.
12.11 We use “cookies” to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time during your visit. If you do not accept cookies you will be unable to get the full benefit of the shopping features on this web site.
13.1 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.
14. Governing law, jurisdiction and language
14.1 The contract between you and Trade Mark Direct 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.
14.2 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.
15.1 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 Trade Mark Direct Limited, George V Place, 4 Thames Avenue, Windsor, Berkshire, SL4 1QP and all notices from us to you will be displayed on our website from to time.
16. Changes to legal notices
16.1 We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
17. Third party rights
17.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
18. Entire agreement
18.1 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.