STANDARD TERMS OF ENGAGEMENT
Last Updated August 2018
This statement sets out the standard terms of your engagement of our firm. Unless modified in writing, these terms will form an integral part of your agreement with us. We would like you to have a clear understanding of the services we will provide. Therefore, we ask that you review this statement carefully and contact us if you have any questions so that they can be dealt with promptly. We also suggest that you retain this statement for future reference. Your payment of the invoice constitutes acceptance of these terms. We may refer to you as “Client” or “you” throughout this document.

DISCLAIMER OF SERVICES RENDERED

Trаdеmаrk Angеl Inc. (hereinafter referred to as “Trademark Angel” or “we”) will dо its bеѕt tо register a trademark but саnnоt guаrаntее rеgiѕtrаtiоn of any trademarks. If a trаdеmаrk iѕ refused bу a rеlеvаnt Trаdеmаrk Office оr орроѕеd bу a 3rd party, Trаdеmаrk Angеl саnnоt be held liаblе if said trаdеmаrk dоеѕ nоt оbtаin rеgiѕtrаtiоn.

Trаdеmаrk Angеl is not a law firm. Trademark Angel is a trademark registration firm that employs registered trademark agents, lawyers, paralegals, and assistants. Please note that only lawyers can provide legal advice.

CLIENT'S COOPERATION

The Client warrants that all material representations the Client has made or will make to Trademark Angel which relates to the matter in respect of which this Terms of Engagement are prepared are true and accurate.

The Client shall timely provide to Trademark Angel all documents and information required for Trademark Angel to provide services contemplated herein. During the trademark registration process, Trademark Angel relies on the information provided by Client. If Client provides incorrect information, Trademark Angel cannot be held liable if Client’s trademark application cannot be amended.

DESCRIPTION OF SPECIAL "ALL IN" PACKAGE

“ALL IN” package

Special reduced price of only - $740

In order to benefit from the special offer, you must purchase this special deal directly from SellerTrademarks.com website.

WHAT'S INCLUDED:

This package includes preparation and filing of your application, reporting and responding to non-substantive (procedural) office actions, reporting approval, publication, allowance, filing a Statement of Use with specimens provided by Client and reporting registration.

If a trademark is refused by the Trademarks Office during examination, we will re-file your trademark for free. Free re-filing will be done on our “SAIL THROUGH” package conditions (review trademarkangel.com for details) – you will be responsible for government fees but we will waive professional fees.

The maximum number of classes included: two. Professional fees for each additional class are $50.

Free extras:

• Free recordal of company name and address (value $100 for each). You will be responsible for applicable government fees. Expiry – a year from the invoice date.
• Unlimited consultations with Trademark Angel about your trademark (average of $250).

Special perk:
• After your trademark is registered, we will help you to get your brand registered with Amazon Brand Registry 2 (must ask separately within a month after your trademark is registered). Note we do not register your brand for you but we will share our step-by-step guide. By using our guide, registration will be quick and easy. However, if you encounter difficulties along the way, we will do our best to provide support.

What’s not included:

Government fees, substantive office actions including those addressing confusion or descriptiveness, opposition proceedings.

GOVERNMENT FEES

Government fees are not included in the package and are paid separately once your trademark application is prepared and approved by you for filing. 

US government filing fee is US $275 per class. In rare circumstances there may be additional filing fees of US $125 per class if the application does not satisfy the relevant filing option requirement. That is very rare and there is a lot of subjectivity in this so this is outside of our control. If USPTO requests additional filing fees, we will notify you. If we file your application based on “intent to use”, i.e. future use, then there will be extra government fees.

Government fee to file a Statement of Use is US $100 per class per mark. If we need to ask for an extension, then the Trademarks Office will charge you US $125 for each 6-month extension. We do not charge any additional fees for the submission of a Statement of Use or an extension of time.

TRADEMARK SEARCH

Once you buy the ALL IN Package on the SellerTrademarks.com website, we will do a registrability search in the US Trademarks Office database to determine if your trademark can be registered. Trademark search results together with our conclusion will be provided to you.

If we determine that your trademark is unregistrable or has very low chances of achieving registration (less than 30%), we will not file your trademark.

You will be given 2 options: option (a) to select a different trademark for filing or option (b) to ask for a full refund. You will have 10 calendar days to ask for a refund from the day we informed you that your trademark is unregistrable. If a refund is not requested in writing within 10 calendar days, you will have to choose a different trademark to file but will not be eligible for a refund any more.

If we determine that your trademark has decent chances of getting approved by the Trademarks Office (more than 30%), we will go ahead and prepare a trademark application for your review.

HOURLY CHARGES

On occasion, Trademark Angel charges on an hourly basis for the services we provide. In such cases, our invoices will be determined by the hours invested by the members of Trademark Angel, including agents, lawyers, and assistants, at their regular hourly rates. The client will always be provided with an estimate before any charges are incurred.

DESCRIPTION AND CONDITIONS OF OUR RE-FILING OFFER

Free re-filing will be done according to the package Client selected. For description of packages, please see above. 

For easier understanding, below we have provided some commonly asked questions and answers:


Question: Who pays government fees?
Answer: You are always responsible for paying applicable government fees.

Question: When is re-filing possible?
Answer: Re-filing is possible only if the Trademarks Office issued a final refusal during the examination process to register your trademark on the Principal or Supplemental Register for all of the goods and services listed in the application.

Question: What if I change my mind about pursuing my trademark? What if I decide to re-brand? What if my trademark is opposed?
Answer: If you decide to abandon your trademark, simply change your mind about pursuing your trademark registration or if you decide to re-brand, we will not re-file for free. If your trademark is opposed by a 3rd party during the opposition period and if you choose not to defend it or if you lose during the opposition proceedings, we will not be able to re-file for free.

Question: Can I re-file for different goods and services?
Answer: No, free re-filing must be done for the same goods and services listed in the initial application. You may decide not to include some goods and services, but you may not expand the original scope of the goods and services.

Question: Can I re-file in a different country?
Answer: No, free re-filing must be done in the same country where the original application was filed.

Question: Can I ask for money-back instead?
Answer: No, we do not offer money-back. Free re-filing offer has no monetary or cash value.

Question: How soon do I need to re-file?
Answer: Free re-filing offer must be used within six (6) months after a client was notified of refusal by Trademark Angel.

Question: Can you do partial re-filing?
Answer: No, we will re-file your trademark if it’s refused for all the products and services.

Question: Do you actually register my brand with Amazon Brand Registry?
Answer: We will help you register your brand with Amazon Brand Registry. We have created a guide that we will share with you, if requested. However, you will apply yourself as this will lead to the fastest approval. With our step-by-step guide it's really easy to do and should not take more than 10 minutes. If you get stuck or need any help along the way, we will do our best to help you.

CHOICES OF LAW

Cоnѕtruсtiоn оf thе terms of engagement above аnd rеѕоlutiоn оf diѕрutеѕ shall be governed bу thе lаwѕ of Ontario, Canada.

INDEMNIFICATION & LIMITATION OF LIABILITY

Client shall indemnify and hold harmless Trademark Angel, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Client’s Services under this Agreement.

Neither party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the Parties have been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts.

FILE/RECORDS RETENTION

The Client hereby authorizes Trademark Angel to store the Client’s confidential information on online cloud platforms, provided that Trademark Angel shall not share such information with any third parties. The Client hereby releases Trademark Angel from any and all liability if such information, through no fault of Trademark Angel becomes available to third parties through a malicious act of a third party or an act of a government agency. Plеаѕе note: Trаdеmаrk Angеl kеерs no рhуѕiсаl rесоrdѕ, аnd оur оffiсе iѕ fully еlесtrоniс.
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