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. Your payment of the invoice constitutes acceptance and agreement of these terms. We may refer to you as “Client” or “you” throughout this document.

1. DISCLAIMER OF SERVICES RENDERED

1.1. 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.

1.2. 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.

1.3. 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.

1.4. 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.

1.5. 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.

1.6. 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.

2.1. 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.

2.2. 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.

2.3. 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.

2.4. Trademark Angel cannot be held liable in the event that the Client provided incorrect information or failed to communicate updated information to Trademark Angel.

3.1. Emails are almost immediately attended to as they are handled and replied to within 24 hours. A designated person goes through our Inbox daily and endorses the emails for further action to an appropriate team member.

3.2. Receptionists answer incoming calls from 8 am to 6 pm EST. Receptionists have proper trainings to answer clients’ queries and other frequently-asked questions.

3.3. Concerns that receptionists are not readily able to answer are endorsed for further action to an appropriate team member.

3.4. Anita, the CEO of the company handles most outgoing calls to ensure the quality of client care. However, some matters like copyright or office actions on trademark applications are booked with other experienced copyright or trademark specialists or appropriate professionals.

3.5. Not all of team members who send outgoing emails are able to make outgoing calls.

3.6. For clients located in the US and Canada, we call via phone. For clients outside US or Canada, we use Zoom or Skype. We don’t use less secure applications.

3.7. The following are Trademark Angels’ contact information:

via email ( tm@trademarkangel.com; TrademarkAngelTeam@gmail.com);

via phone: (+1 226 246 2979 or + 1 313 462 0088);

via company chat (https://trademarkangel.com);

via contact form on our website ( https://trademarkangel.com/contact/);

and via (Facebook: https://www.facebook.com/trademarkangel )

 

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 SellerTrademarks.com website.

What’s included:

This package includes preparation and filing of your application, reporting and responding to nonsubstantive (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 extras: 

• 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). 

• We will help you to get your brand registered with Amazon Brand Registry.  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, it 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.

5.1. Client should give Trademark Angel reasonable time to prepare and file a response.

5.2. If Client elects to respond to an office action, his/her instruction Client should be communicated to Trademark Angel on or before the indicated internal deadline. Otherwise, Client will be charged additional $100 to cover for a rush job.

5.3. If an application is abandoned because Client did not provide instructions on or before the indicated internal deadline, in many instances it may still be revived upon payment of an extra fee. Extra fee payment will be Client’s responsibility. 

6.1. What’s included:

Refer to the invoice for a detailed description.

6.2. What’s not included:

Government fees and opposition proceedings.

 

7.1. Each package in the US, Canada, EU and the UK includes a comprehensive trademark search (“search”).

7.1.1. New search fee in the amount of US$250 will apply if:

Client decides to change the trademark even if the trademark is not unregistrable (we do unlimited searches until we find a first registrable trademark); and

Client takes a very long time (more than 2 weeks) to confirm the draft trademark application so a fresh/updated search should be conducted. Client can request a new trademark search to be conducted. Client may decide not to do the new search at his own risk.

7.1.2 A discounted fee in the amount of US$180 will apply if the trademark is registrable but the client either:

wants to cover different class(es); and/or

wants to add new class(es) not covered by the original search.

7.2. 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.

7.3. Disclaimer and Limitations.

7.3.1. The search results are only valid as of the date the search was reported. It is critical to file an application as soon a client decides that his/her brand should be protected to minimize a possibility of another party filing an identical or confusingly similar mark before you file. Immediate action on the search results is encouraged so trademark application can be filed without delay.

7.3.2. The search does not include any trademark applications filed subsequent to the date search was conducted. The availability opinion is formulated with only the information available in the database as of the date of the search.

7.3.3. The search does not include any common-law trademark in use but not presented for registration.

7.3.4. The search does not include common law sources (such as telephone directories, trade directories, company registries, domain names) for marks that may be in use but not the subject of an application or registration. As such, we cannot assume responsibility for marks that may be in use without the benefit of an application or registration.

7.3.5. The search does not consider the rights of applicants claiming Convention Priority which have not yet been made of record or filed within the six-month statutory period. Further, the search does not include marks identical or similar to your trademark which may not be used in the same or related goods and/or classes but may assert fame or well-known status on an opposition or cancellation.

7.3.6. For the US, since federal registration is sought after, only search in the Federal US Trademark database (not each State database) is conducted.

7.3.7. If a trademark has a hidden meaning or any other significance, i.e., trademark is patterned or inspired after a famous mark, client must inform Trademark Angel as it may change the results of the search.

7.3.8. We are assured that all reasonable steps have been taken to ensure the completeness of this report. However, due to the subjective nature of trademark searches, and the incomplete or inaccurate data provided by the published databases, we cannot assume liability for the accuracy or completeness of the search reports.

7.4. At the moment, our package in Germany and other countries not mentioned in clause 7.1 do not include comprehensive trademark searches but can be purchased separately for US$250.

7.5. 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.

7.6. 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.

7.7. 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.

8.1. Government fees are included in copyright packages but paid separately for re-filing.

8.2. Government fees are not included in any trademark packages and are paid separately.

8.3. Full government fees can be found on the respective Trademark Offices websites and may be updated without notice. Most common government fees are listed below.

8.3.1. Canada

Canadian government filing fee is C$458 for the 1st class and C$139 for each additional class. Government fees for recording an assignment are at present C$125 per mark.

8.3.2. USA

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 items or products or services per class). In rare circumstances, there may be additional filing fees of US$100 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.

In the case of trademark application filed based on “intent to use”, i.e. future use, then extension of time fees may apply. Client 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. Our fees will be US$100 per request for extension (for the SAIL THROUGH package).

Government fee to file a statement of use is US$100 per class per mark. Our fees are US$200 plus US$50 for every additional class if you have more than two classes and select our SAIL THROUGH package.

We don’t charge anything extra if you select ALL IN or BELLS AND WHISTLES package.

Government fee to file an extension of time to file a response to an office action is US$125. Our fee is $100 with the SAIL THROUGH Package and there is no fee if you select ALL IN or BELLS AND WHISTLES package.

Government fees for recording a change of owner’s name or assignment are at present US$40 per mark.

8.3.3. 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.

8.3.4. 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.

8.3.5. Germany

Government fee is 290 Euros for up to 3 classes. Government fee for each extra class above 3 is 100 Euros. Government fee for requesting an accelerated examination is 200 euros.

9.1. On occasion, Trademark Angel charges on an hourly basis for provision services. In such cases, invoices will be determined by the hours invested by the members of Trademark Angel, including agents, lawyers, and assistants, at their regular hourly rates.

9.2. Clients are always provided with an estimate before any such charges are incurred. Our current hourly rate is found here.

10.1. 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.

10.2. Government fees of relevant trademark or copyright offices are subject to change without prior notice.

11.1. Trademark Angel offers “I changed my mind guarantee”.

11.2. Section 13.1 applies, in the event that a client purchase any of the packages but later changes his/her mind, a full refund will be offered within the first 48 hours, provided that Trademark Angel has not yet started working on the application.

11.3. No refunds are offered if 48 hours have passed after an invoice was paid or trademark package was purchased online. No refunds are offered if a client's trademark was found registrable after a comprehensive trademark search has been completed.

11.4. Exception to clause 13.3: Trademark Angel will only issue a refund if a client’s trademark was found unregistrable after Trademark Angel conducted a comprehensive trademark search.

11.5. Once a trademark search has been done, it is considered that digital product has been delivered and refund cannot be requested, unless clause 13.4 applies (unregistrable trademark).

11.6. 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. Our refund policy is detailed here.

12.1. A client may change to a different package at any time, provided that for an upgrade, the request must be made before any objection or registration refusal is issued to a trademark application, and for a downgrade, within 48 hours after purchase date. Read the full details of the upgrade policy here.

12.2. Once an objection or registration refusal is received, a client can no longer change to a different package.

12.3. To upgrade, a client can go to our respective country page and buy an upgrade (shown on each country page). Client may alternatively send an email or call the Trademark Angel Office. See Communications, Section 3.

12.4. Although changing package is primarily based on a clients’ business judgement, Trademark Angel may, in some instances, recommend an upgrade.

13.1. Some packages come with free re-filing. Read full details of our refiling offer here. For descriptions of packages, refer to the preceding provisions above.

13.2. Trademark Angel waives its professional fee for the re-filing option but clients have to pay the applicable government fees.

13.3. Free re-filing offer applies 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.

13.4. Free re-filing offer does not apply on the following, but not limited to, circumstances:

(1) if client decides to abandon application;(2) if client decides to re-brand; and (3) if client decides to be in default or if client loses in an opposition proceeding.

13.5. The re-filing of a trademark application must for the same country where the original application was filed. As an exception and on a case by case basis, Trademark Angel may allow re-filing in a different country.

13.6. The free re-filing offer has no monetary or cash value.

13.7. The free re-filing offer must be availed of within six (6) months after a client was notified of refusal by Trademark Angel.

14. AMAZON BRAND REGISTRY ENROLLMENT

14.1. Trademark Angel offers a step-by-step guide to register your brand with Amazon

Brand Registry.

15.1. Trademark Angel may be able to assist with hijacker removal or other Amazon related

problems. Contact us to get a quotation. Quote is provided on a case-by-case basis.

16.1. 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.

16.2. Privacy Policy which contains details of personal data are used.

17.1. 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.

17.2. Trademark Angel uses electronic mail communication to transfer files and correspond with its clients.

17.3. 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.

17.4. 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.

17.5. Trademark Angel kеерs no рhуѕiсаl rесоrdѕ. Trademark Angel office 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.

18.1. 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.

18.2. 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.

18.3. 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.

19.1. Waiver

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.

19.2. Severability

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.

19.3. 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.

19.4. 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 tm@trademarkangel.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.

19.5. Choice of Law

Construction of these Terms of Engagement and the rеѕоlutiоn of diѕрutеѕ shall be governed by the laws of England and Wales.