We at Inbrandgible Limited trading as TrademarkTribe.com are delighted to share with you our professional expertise, enthusiasm and commitment to help provide the right environment in which your business can prosper. In return for this and in order to achieve a successful working relationship we rely upon your co-operation and agreement with the terms below. This user agreement governs your use of this website and the purchase by you of the services and products we provide.
1. Please take time to read these terms and conditions it is important for both of us that you understand our contractual relationship relating to your use of our services. By using the site and/or registering on the site, you agree to these Terms and Conditions and to our Privacy and Cookies Policy. We will not allow you to purchase any services from us unless you have confirmed that you have read these terms.
You must ensure that the details provided by you on registration or at any other time are correct and complete.
3. PASSWORD AND SECURITY
3.1 When you register to use the TrademarkTribe.com site you will be asked to create a password. You should keep this password confidential and not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting customer services immediately (see end for contact details).
3.2 If TrademarkTribe has reason to believe that there is likely to be a breach of security or misuse of our sites, we may require you to change your password or we may suspend your account.
4. PAYMENTS AND CARDS
4.1 Payment for services will be taken at the time you place your order and once we have checked and verified your card details. If there is a problem taking payment for all or part of your order we will contact you by email (or by telephone).
4.2. You undertake to us that the details you give to us are correct in particular that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the service. 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 along with the details of your order.
4.3 We require a verified credit or debit card and 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.
5. SERVICES AND THIRD PARTIES
5.1. We operate to a principal as well as an agency model. This means that we may act as a disclosed agent for third party suppliers, such as a trademark attorney, a patent attorney, a company formation agent or a domain registrar. What this means is that the contract for the service is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that service. Where we act as agent, this will mean that we have no contractual liability to you in respect of that service. However, we may still be liable to you if we have been negligent; we have misrepresented important information or have been in breach of any other relevant law. On the other hand, for some products, we act as principal. This means that the contract for the product is between you and us. We will let you know where we act as principal and where we act as agent.
6. ACCEPTANCE OF ORDER
6.1 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 reserve the right not to accept your order at our sole discretion.
6.2 We will provide estimates of future costs if requested and these will be given in good faith based upon existing knowledge at the time. Costs may be affected by matters beyond our control, for example, when there are fluctuations in exchange rates or increases in official fees, or when it is difficult to accurately predict the amount of work involved and therefore such estimates are not binding.
6.3 If there are any changes to the details supplied to us by you it is your responsibility to inform us via our web form or by contacting our Customer Services as soon as possible.
6.4. Many aspects of our work involve meeting strict deadlines set by Patent Offices, Courts, etc. and we therefore require timely, complete and accurate information and instructions. We cannot accept liability if complete and clear instructions are not provided early enough for us to act within official time limits. Time limits will be communicated to you, but we cannot undertake to give reminders in all circumstances.
6.5. We prefer all instructions to be given or confirmed in writing. However, we recognise that this may not always be possible and in such circumstances we accept no liability for any misunderstanding by either party or for any losses or costs incurred as a result.
6.6. By entering into the contract with us you authorise us to lodge on behalf of you or other individuals or bodies all necessary documents with third parties including, without limitation, documents at Intellectual Property registries and you warrant that you have sufficient authority from the individuals or bodies to instruct us on their behalf.
6.7. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. However because of the sophisticated technology that is required there may be times when obvious errors occur. For example, very occasionally, this may result in a price or service or other detail displayed or presented being incorrect. In this case we reserve the right to cancel that contract, but this of course will be without any liability to you. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we proceed with your order. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to proceed with your order at that price.
6.8. All actions and attention provided by us are chargeable. These include telephone calls, reminders and reporting on communications which we may receive as your agent. Our hourly rates vary according to level of work required and range from GBP 290.00 per hour to GBP 100.00 per hour. We always review our charges to ensure that they are reasonable for the work performed. We will notify you of any charges and hourly rates before they are incurred and will await your confirmation prior to proceeding.
7. Money Back Guarantee
7.1 Upon submission through our website of an order for an application in the UK a Direct Hit Search will be performed of the UK Intellectual Property Office records. Our Direct Hit Search includes a search of your exact mark, or as close a match as possible, of the UK Intellectual Property Office records. You agree that should we encounter a mark which would block the registration of your mark in our preliminary Direct Hit Search and before the application has been filed at the UK Intellectual Property Office, upon request we will refund you all of the monies paid for the Standard Filing Package less the search report fee of £80+VAT.
7.2 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 we will refund you all of the monies paid for the Standard Filing Package less the search report fee of £80+VAT. It should be noted the Registries never refund their fees.
7.3 Upon performing a search and examining the proposed filing for other common refusals if we see a basis for refusal prior to filing and we withdraw our guarantee you will have two options:
7.3.1. First, you can choose not to proceed with the filing and receive a refund of all monies paid less the £80+VAT search report fee.
7.3.2 Second, and in the alternative, you can proceed with the filing and if the mark is refused registration on the grounds identified, receive a special discount of 10% off our office action response services hourly charges.
7.4 In the unlikely event we fail to spot a potential refusal prior to filing your mark and we have guaranteed your application and it is refused on that basis you can choose:
a) for us to respond to the Office Action and attempt to argue the mark through to registration at no additional cost to you. We will not refund ‘Our Fee’ if the mark is refused.
b) to stop work on the application and receive a refund of ‘Our Fee’ within 28 days of our receipt of notice of refusal by the registry. It should be noted the Registries never refund their fees.
You must tell us in writing if you wish to cancel your order. This includes by letter or email. You should retain evidence of having given cancellation notice such as certificate of posting or confirmation of email receipt. Your cancellation rights will end once we have begun to carry out the service. 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 and 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.
9.1 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 ordered. 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.
9.2 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.
9.3 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 which may involve significant additional expense on your part including taking legal advice.
9.4 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.
9.5 You accept that we may use selected agents and third parties to provide the service to you.
10.1 If you are entitled to a refund, we will refund you as follows:
• If you paid by card, we will refund you on the same card;
• If you paid by BACS, we will refund you to the same account funds were received from by BACS.
11. INTELLECTUAL PROPERTY
11.1 The content of the Trademark Tribe site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Inbrandgible site without written permission from Inbrandgible.
11.2 No licence is granted to you in these Terms and Conditions to use any trademark of Inbrandgible or its affiliated companies.
12. YOUR DATA
12.1 We will not send you e-mails which you do not want and will not pass your details onto third parties without your consent.
12.2 We do not make any warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties.
12.3 Transfers outside the UK. We may need to send your information internationally including to countries outside the European Economic Area (EEA) for example, when registering your rights in the other countries including but not limited to USA, Australia, and Russia etc. Some of these jurisdictions offer differing levels of protection in respect of personal information and may, in certain instances, be less protective than UK data protection requirements. We will however take steps to ensure that your Personal Information is transferred, stored and processed in accordance with appropriate security standards and in accordance with the terms of this Policy and applicable data protection laws.
12.4 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.
12.5 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.
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.
12.6 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.
12.7 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. Governing law, jurisdiction and language
13.1 The contract between you and Inbrandgible Limited trading as TradeMarkTribe.com 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.
13.2 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.
You may contact us at
info @ trademarktribe.com
Wisteria Camrose House
2A Camrose Avenue
Middlesex, HA8 6EG
Tel: +44(0)208 102 9871