Terms and Conditions of Community Trade Mark Application Service
- For community trade mark applications, we provide a fixed fee service for advice which, for a typical or straight forward application, comprises: (a) ascertaining objectives; (b) summarising options available; (c) drafting specifications for relevant classes; (d) submitting an application to the relevant registry; (e) reporting on the progress of that application (but read rest of this paragraph); and (f) advising on renewal.
- We include in the fixed fee indicative searches and analysis of conflicting trade marks available from public sources, but not any paid searches. Where these are necessary, we will advice you of these and any associated costs.
- Our fixed fee includes: legal advice, VAT on our fees and Euro 900 official filing fee. The fixed fee only includes an application to register in one class. For each additional class, there is an additional fixed fee of £200 (includes legal advice, VAT and Euro 150 official filing fee). The fixed fee does not include an application to register a logo. An additional fixed fee of £60 (the breakdown for which is £50 legal advice and £10 VAT) will be required for a logo.
- In some circumstances: (i) a trade mark examiner at the registry may raise an objection to your application setting out the grounds for that objection; and/ or (ii) a third party may submit an opposition to your application setting out the reasons for opposition. In such cases you would normally have a number of options, the primary ones being: (aa) accept the objection or opposition and, where possible, amend your application; (bb) withdraw your application completely; or (cc) respond to the objection or opposition. If you elect to respond to the objection or opposition then we will charge fees in accordance with our normal hourly rates although, where possible, we will try and agree a fixed price for each objection or opposition.
- Finally, in respect of trade mark applications most of the work is carried out at the start so if you do not wish to continue with an application: (a) you will not be entitled to a refund on any fees paid in respect of our services or if you have not paid our fees we will be entitled to claim these from you; and (b) if we have paid, or committed to pay, the official filing fees to the relevant trade mark registry they will not refund those fees to us and we will not therefore be able to refund those fees to you