Terms and Conditions
1.1. waketrademark. (“waketrademark.”) is a trading name of Waketrademark Limited whose registered address is Ground Floor, 17 Denamrk Terrace, Brighton, BN1 3EE and company registration number 10335217 incorporated under the laws of England and Wales.
2.1. These terms and conditions (“the Terms and Conditions”) govern the contractual relationship between waketrademark. and the user (“you or your”) of http://www.waketrademark.com/ (or any page indexed therein) (“the Site”).
2.2. We offer trademark registration services and ancillary trademark services (“the Services”).
2.3. By using the Site or purchasing any of the Services, your contractual relationship with waketrademark. shall be governed by these Terms and Conditions and you hereby agree that you have read this document, along with any other terms contained on the Site and that you agree to be bound by the terms set out herein.
2.4. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
2.5. waketrademark. reserves the right to modify or replace these Terms and Conditions from time to time. Any modification or replacement shall be available on the Site and shall be applicable on the date such terms are available to view on the Site.
3. Changes to the Services Offered
3.1. waketrademark. may, at their sole discretion, without notice, change any aspect of the Services, or even stop them.
3.2. waketrademark. reserves the right to change, update, limit or terminate the Site or certain features from time to time.
3.3. All Services are subject to availability.
4. Pricing, Payment and Payment Security
4.1. All prices of Services are subject to change.
4.2. All prices are exclusive of trademark filing fees. You will be required to pay us these fees after we have completed our advice services. Filing fees vary depending on the filing office.
4.3. If the Site contains any typographical pricing errors, waketrademark. reserves the right to cancel or adjust your order to reflect the true price. If waketrademark. adjusts your order, you shall have the right to cancel your order prior to dispatch.
4.4. If you are nervous about shopping on the web, don't be. Waketrademark. uses secure sockets layer (SSL) technology for the transfer of credit card information.
4.5. waketrademark. accepts all major debit and credit cards.
4.6. All Services will not be undertaken until we have received confirmation from our payment gateway providers that your payment has been processed.
5.1. When you place an order we shall email you an order confirmation email. Our acceptance of your order does not take place until despatch of the order, at which point the contract for the purchase of goods will be made and you will be charged.
5.2. We always require further information from you once you have ordered our Services. We will contact you by email to seek that further information. We shall not be liable for any delay in you providing further information.
5.3. If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time. We will take all necessary measures to keep the details of your order secure.
5.4. We continually update our website and have all information displayed correct. Additionally, some website promotions may not be available to customers in particular areas within the UK or international.
6.1. You may receive a refund from waketrademark. so long as we have not started to provide the Services, or you are eligible for a refund under our money back guarantee pursuant to section 7 below. We start to provide you Services almost immediately after you have submitted the further information mentioned in paragraph 5.2.
6.2. To be eligible for a refund, you must contact us at firstname.lastname@example.org.
6.3. All refunds will be processed onto your original payment card.
7. Money Back Guarantee
Guarantee to be published
7.1. We guarantee that you will receive a refund of our fees if the relevant IP Office refuses to publish your application for trademark. The guarantee is only offered when, after we have conduct searches and advice, in our opinion your trademark will succeed. For the avoidance of doubt a challenge from a third party will not make you eligible for a refund.
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 no fees payable. It should be noted the Registries never refund their fees.
7.3. 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.
7.4. 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.
7.5. 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.
7.6 For the avoidance of doubt, only our fees are refundable under the guarantee, not the relevant registry's fees. You assume this risk in wanting to make the application.
Guarantee prior to registration
7.6 If, upon performing our clearance searches, we believe that your trademark will not be published by the relevant IP Office we will give you two options (1) a refund of your fees, or (2) to continue with your application without our money back guarantee. You will only be eligible for a refund under this paragraph on the trademark you first submitted to us for registration.
8.1. waketrademark. reserves the right to terminate, suspend or restrict a user’s account for breach of any term in these Terms and Conditions.
8.2. waketrademark. reserves the right to terminate, suspend or restrict a user’s account for any reason at its own discretion.
9.1. You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the Site, and to the business of Waketrademark. UK, including the structure, design, essence and layout of the Site.
9.2. You are entitled to use the Site in accordance with these Terms and Conditions only. You must obtain our prior written consent before you use the Site or any part of it in any other manner than herein prescribed.
9.3. All persons, individual and corporate, are prohibited from providing hypertext or other links to the Site, other than to our home page, from their own web site or from a third party's web site, without our prior written consent.
10. Unlawful Use
10.1. You shall not use the Site or the Services for any unlawful purpose. Strictly prohibited actions include transmitting material:
10.1.1. that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening, invasive of publicity or privacy rights, or otherwise objectionable;
10.1.2. that violates or infringes upon the rights of others in any way;
10.1.3. that encourages others to commit unlawful acts;
10.1.4. that contains publicity, advertising, or solicitation for Services or services that did not receive prior approval from waketrademark.; and/or
10.1.5. that prevents other users from using and enjoying the Site.
10.2. You agree not to transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights or send any unsolicited advertising or promotional material, commonly referred to as "spam".
11.1. 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.
11.2. Although we may have employees with legal backgrounds, they are not practising lawyers, nor should our opinions be construed as a legal service. Our opinions on whether a trademark shall be registered is only an opinion, should not be construed as legal advice and is provided free of charge (pursuant to the money back guarantee).
11.3 All dispute services, that may be oppositions to trademarks, whether full oppositions or proposed oppositions, are not offered to be responded to by us and in certain circumstances, will be outsourced, at an extra cost to a contractor to undertake those dispute services.
11.4. The Site is provided “as is” and waketrademark., its directors, employees, contractors, licensors and partners (“the Warrantor Parties”) disclaim all warranties with regard to this Site or Services including all implied warranties of merchantability, fitness for purpose and non-infringement. The Warrantor Parties make no warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You use the Site and Services at your own risk.
11.4. You warrant that you will provide all relevant and accurate account, delivery and billing information.
12.1. The user agrees to indemnify, defend and hold harmless waketrademark., its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “waketrademark. Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, reasonable legal fees, accounting expenses, and legal costs), sustained, incurred or paid by the waketrademark. Indemnified Parties and arising from or related to:
12.1.1. The access or use of the Site and Services by you (or any users of your account), including, without limitation, your or others’ access to Site Content or any content or other materials available by means of third-party websites;
12.1.2. Violation of these Terms and Conditions or breach of the Terms and Conditions (including, without limitation, any representation or warranty contained in this Agreement) or any activity related to your use of the Site; or
12.1.3. Your content or provision to the Site of information or any other Services, postings, offerings, data or materials. You will assist and co-operate as fully as reasonably required by the waketrademark. Indemnified Parties. The waketrademark. Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice of any defense by you or any claim as to which you are required to defend, indemnify or hold harmless the waketrademark. Indemnified Parties (the “Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned waketrademark. Indemnified Parties.
13.1. waketrademark. shall use all commercially reasonable efforts to keep the Site available twenty four (24) hours a day, seven (7) days a week. Notwithstanding the foregoing, waketrademark. reserves the right to make the Site and the Service unavailable from time to time in order to install new releases, to perform maintenance, or to undertake activities to protect the Site, the Service or the information provided through them. Furthermore, waketrademark. does not assume responsibility for unavailability and downtime caused by force majeure or other events and circumstances beyond waketrademark.’s control, it being understood that failure in the transfer of data, problems inherent in the use of communication facilities and failures caused by the user not adhering to waketrademark.’s instructions or policies will always be considered circumstances beyond waketrademark.’s control.
13.2. waketrademark., its suppliers, directors, employees, licensors or agents shall not be liable with respect to any subject matter of these Terms of Conditions, or any use by any party of the Site, under any form or causes of action including contract, tort, strict liability or in any other action or dispute, except where such liability is prohibited by law, for:
13.2.1. General, special, incidental or consequential damages;
13.2.2. For interruption of the Site or loss of data;
13.2.3. For any failure or delay for any reason beyond waketrademark.’s control.
13.3. waketrademark. shall not be liable for any amount beyond that paid by you for the Services.
13.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAKETRADEMARK. WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, OR THIRD PARTY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, TRADING LOSSES, LOSS OF A CHANCE OR DAMAGES), EVEN WHERE WAKETRADEMARK. HAS KNOWLEDGE OF THE POTENTIAL OF THE AFOREMENTIONED LOSS OR DAMAGE.
13.5. EXCEPT AS OTHERWISE REQUIRED BY LAW, WAKETRADEMARK. WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH WAKETRADEMARK. DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORISED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR UNION DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
14.1. Complaints, in the first instance should be sent to email@example.com.
14.2. If your dispute remains unresolved, you may be eligible to use the European Commission’s Online Dispute Resolution platform here.
15. Free Searches
15.1. We offer a free search facility on the Site. Results from these searches should only be taken as an indication as to whether your trademark is available to be registered and should not be relied upon. We endeavour to update the database frequently, however at times it shall be out of date and some results may be missing.
16. Errors on the Site
16.1. Although waketrademark. strives to provide reliable and current information through the Site, including in the description of the Services such as colour, sizing and fit, but occasionally, there may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes that may relate to your data or advice given. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.
17.1. These Terms and Conditions shall be interpreted and construed according to, and governed by, the substantive laws of England and Wales, excluding any such laws that might direct the application of the laws of another jurisdiction.
17.2. You understand that these Terms and Conditions represent the entire understanding and constitute the entire agreement between the parties in relation to its subject matter, and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties.
17.3. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining terms will remain in full force and in effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
17.4. waketrademark. may assign their rights under these Terms and Conditions without limitation. You may assign your rights to any party as long as they agree to be bound by these Terms and Conditions also.
17.5. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
17.6. Any headings used in the Terms and Conditions are for convenience only.