This statement sets out the standard terms of your engagement with 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.
1. DISCLAIMER OF SERVICES RENDERED
Trademark registration services are purchased through Seller Trademarks but are provided by Angel Trademark Services International LP (hereinafter referred to as “Trademark Angel” or “we”)
shall use all reasonable endeavors to register a trademark but саnnоt guаrаntее registration of any trademarks. If a trademark is refused by a relevant Trademark Office or орроѕеd by a 3rd
party, Trademark Angel саnnоt be held liable if said trademark dоеѕ not оbtаin registration.
Trademark Angel cannot be held liable if a trademark is refused by a relevant Trademark Office, орроѕеd by any third party or any other manner in which a trademark failed to register.
Trademark Angel is not a law firm. Trademark Angel is a trademark registration firm that employs, or sub-contracts registered trademark agents, lawyers, paralegals, and assistants.
Trademark Angel may also refer clients to or contract for the services of lawyers in its trusted referral network to provide legal advice directly to client(s) as may be required from time to time. Please note that only lawyers can provide legal advice and legal services.
By hiring us to provide your trademark registration services, you acknowledge these Terms of Engagement, including your acknowledgment that Trademark Angel is not offering to provide you legal advice or legal services at any time in relation to our trademark registration services being provided to you.
You acknowledge, further, that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. CLIENT'S COOPERATION
The Client represents and warrants that all statements of fact, representations, documents and other information that the Client has made, will make or provide to Trademark Angel which relate to the matter in respect of which these Terms of Engagement are prepared are true and accurate.
If there are any changes in the information as described in 2.1, the Client understands that it is the Client’s sole responsibility to communicate such changes or developments to Trademark Angel.
The Client shall provide to Trademark Angel in a timely fashion all documents and information required for Trademark Angel to provide the services contemplated herein. During the trademark registration process, Trademark Angel relies on the information provided by Client.
Trademark Angel cannot be held liable in the event that the Client provided incorrect information
or failed to communicate updated information to Trademark Angel.
3. DESCRIPTION OF SPECIAL "ALL IN" PACKAGE
3.1 “ALL IN” package
Special reduced prices for the US, Germany, Canada, UK and EU. In order to benefit from the special offer, you must purchase this special deal directly from the SellerTrademarks.com website.
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 (US only) provided by Client and reporting registration.
ALL IN package for German Accelerated trademarks includes everything from above and the attorney fees for requesting accelerated examination.
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 in the US, Canada, UK and EU and three in Germany. Professional fees for each additional class in the US, UK, EU and Canada are $50 and in Germany $100.
• Free recordal of company name and address change (valued at US$100 for each). One single change is included for free. You will be responsible for applicable government fees. Expiry – one year from the invoice date.
• Unlimited consultations with Trademark Angel about your trademark (average of US$250).
special offer, you must purchase this special deal directly from SellerTrademarks.com website
• 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, descriptiveness or lack of distinctiveness and opposition proceedings.
4. COMPREHENSIVE TRADEMARK SEARCH
Each package in the US, Canada, EU, UK and Australia includes a comprehensive trademark search.
At the moment, our packages in Germany does not include comprehensive trademark searches but can be purchased separately for US$200.
Once you buy the ALL IN Package on the SellerTrademarks.com website, we will do a registrability search in the relevant 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.
5. GOVERNMENT FEES
Government fees are not included in the packages and are paid separately. Most common government fees are listed below.
Canadian government filing fee is C$336 for the 1st class and C$102 for each additional class. Government fees for recording an assignment are at present C$100 per mark.
US government filing fee is US$350 per class (TEAS Regular). We may qualify for the TEAS Plus lower filing fee of US$250 per class (if we use TEAS Plus, there is a limit of 15 products or services per class). In rare circumstances, when TEAS Plus method is used, there may be additional filing fees of US$100 per class if the application does not satisfy the relevant filing option requirements. 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 extension of time fees may apply. You should be able to file a statement of use stating that you started using your mark in the US within a 6-month period after a Notice of Allowance is issued. If no statement of use is filed, it may be possible to obtain a 6-month extension of time. The Government fee for an extension of time to file a statement of use is US$125 per class per mark. Up to five (5) extensions of time may be obtained.
Government fee to file a statement of use is US$100 per class per mark.
Government fees for recording a change of owner’s name or assignment are at present US$40 per mark.
5.3 European Union:
The EU government filing fee is EUR €850 for the first class. The filing fee for the second class is EUR €50. The filing fee for each extra class is EUR €150.
5.4 United Kingdom:
The UK government fees are GBP 170 for the first class and GBP 50 for each extra class. Government fee for recording an assignment is at present GBP 50 per mark.
Government fee is 290 Euros for up to 3 classes. Government fee for each extra class above 3 classes is 100 Euros. Government fee for requesting an accelerated examination is 200 Euros.
6. 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 such charges are incurred.
7. PRICE INCREASE
Trademark Angel has the rights to change the price of its packages or any individual professional fee with or without prior notice; provided that such change in price does not include or affect purchases made prior to the implementation or effectivity of the price increase.
Government fees of relevant trademark offices are subject to changes.
8. REFUND AND REFUND OF GOVERNMENT FEES
Trademark Angel offers “I changed my mind guarantee”.
If you have decided to become our client and changed your mind, a full refund will be offered within the first 48 hours (provided we haven’t started working on your application).
No refunds are offered after 48 hours, unless your trademark was found unregistrable after Trademark Angel conducted a search.
Government fees are never refundable. When a trademark application is filed, the government fees are paid. Once they are paid, they are not refunded for any reason. If your application is filed incorrectly (for the wrong goods, for the wrong trademark or in the wrong name) and you decide to “cancel” it, the Trademarks Office will not refund you the government fees that you paid.
9. DESCRIPTION AND CONDITIONS OF OUR RE-FILING OFFER
Free re-filing will be done according to the package Client selected. The full details about our refiling offer are available here: https://trademarkangel.com/faq-items/free-re-filing-trademark- mean/
For descriptions of packages, refer to the preceding provisions above. For easier understanding, below are our answers to commonly asked questions:
For easier understanding, below we have provided some commonly asked questions and answers:
9.1 Who pays government fees?
You are always responsible for paying applicable government fees.
9.2 When is re-filing possible?
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.
9.3 What if I change my mind about pursuing my trademark? What if I decide to re-brand? What if my trademark is opposed?
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.
9.4 Can I re-file for different goods and services?
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.
9.5 Can I re-file in a different country?
Free re-filing must be done in the same country where the original application was filed. As an exception, we may allow re-filing in a different country (subject to confirmation by Trademark Angel).
9.6 Can I ask for money-back instead if my trademark is refused?
No, we do not offer money-back. Our free re-filing offer has no monetary or cash value.
9.7. How soon do I need to re-file?
Free re-filing offer must be used within six (6) months after a client was notified of refusal by Trademark Angel.
9.8. Can you do partial re-filing?
No, we will re-file your trademark if it’s refused for all the products and services.
9.9 Do you actually register my brand with Amazon Brand Registry?
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.
10. DATA PROTECTION
Both parties will comply with all applicable requirements of all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic
Communications Directive 2002/58/EC.
11. RETENTION OF INFORMATION
The Client hereby authorizes Trademark Angel to store the Client’s confidential information on secure online cloud platforms and use the information as provided herein; provided, however that Trademark Angel shall not share such information with any third parties other than its employees, contractors and agents on an as needed basis.
Trademark Angel uses electronic mail communication to transfer files and correspond with its clients.
By corresponding with and sending Trademark Angel its documents by electronic mail communication, the Client is authorizing Trademark Angel to transfer documents and information to the Client via electronic mail communication.
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 upon the request for disclosure by a government agency.
Trademark Angel kеерs no рhуѕiсаl rесоrdѕ, and our оffiсе is fully еlесtrоniс. We only keep our client-related information (other than our invoices) in our online cloud platform for a period of five (5) years, after such period, we destroy the information and purge all records thereof from our systems.
12. INDEMNIFICATION & LIMITATION OF LIABILITY
Client shall indemnify and hold harmless Trademark Angel, its affiliates, and its respective officers, directors, shareholders, employees, contractors and agents from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including reasonable and actual 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 but not limited to breach of contract, breach of warranty, negligence, strict liability, and other torts.
Trademark Angel’s failure to exercise or enforce its rights under this Agreement will not be a waiver of those rights or sections. Any waivers of rights must be made in writing by an authorized representative.
If a court of competent jurisdiction determines that a section of this Agreement is invalid, illegal, or unenforceable for any reason, that section will be limited or amended to the minimum extent necessary, and all of the other sections of this Agreement will remain in full force and effect.
13.3 Force Majeure.
Neither you nor Trademark Angel will be liable for any delay, interruption, or any other failure to perform under the Agreement to the extent caused by a condition that was beyond the party's reasonable control (i.e., natural disasters, governmental decrees, etc.) for as long as such conditions persist.
13.5 Dispute Process.
If you have any dispute or claim relating to or arising out of this Agreement, you agree that before you commence any proceeding or request for arbitration or take any action that is intended or
would reasonably be expected to harm Trademark Angel or its reputation, you will first contact Trademark Angel about the problem at email@example.com. You agree to provide Trademark Angel with 60 calendar days to investigate the dispute and attempt to provide a consensual resolution and agree to negotiate and act in good faith during this period.
13.6 Choice of Law
Construction of these Terms of Engagement and the rеѕоlutiоn of diѕрutеѕ shall be governed by the laws of England and Wales.
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