TERMS OF ENGAGEMENT

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.

Entity and payments. Trademark Angel is the trading name of Angel Trademark Services International LP (the “Partnership”). The Partnership acts by its general partner Angel Trademark Services International Ltd (Company Registration No. 11962612) (the “General Partner”). The General Partner is authorized to issue invoices and collect/receive payments on behalf of the Partnership. Payment to the bank account listed on the invoice (even if in the name of the General Partner) constitutes payment to the Partnership for the services described and discharges the Client’s payment obligation.

1. DISCLAIMER OF SERVICES RENDERED

1.1 Angel Trademark Services International LP, acting by its general partner Angel Trademark
Services International Ltd (Company Registration No. 11962612) (hereinafter referred to as “Trademark Angel” or “we”), shall use all reasonable endeavors to register a trademark, but cannot guarantee registration of any trademarks.

1.2 Trademark Angel cannot be held liable if a trademark is refused by a relevant Trademark Office, opposed 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. CLIENT’S COOPERATION

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. Client acknowledges that incomplete, inaccurate, inconsistent, misleading, withheld, delayed, or late information, documents, instructions, approvals, specimens, signatures, or other materials may result in additional government fees, professional fees, amendment requirements, delays, refusals, abandonment, cancellation, revival, reinstatement or re-filing requirements, or other additional costs, all of which shall remain Client’s responsibility.

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.

2.5. We may request reasonable information and supporting documents (e.g., invoice references, payer identity, and payment purpose) if required by our banks or payment providers to complete compliance, AML, or sanctions checks.

3. COMMUNICATION

3.1. Emails are monitored regularly during business days and are generally responded to within a reasonable timeframe depending on the nature and urgency of the matter. 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 are trained 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. Outgoing calls, consultations, and meetings may be handled by an appropriate trademark specialist, copyright specialist, registered trademark agent, attorney, or other qualified professional depending on the nature of the matter.

3.5. Not all 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 or Zoom. For clients outside US or Canada, we use Zoom or Google Meet. For quick messages, we may use WhatsApp.

3.7. The following are Trademark Angels’ contact information:

via email ( tm@trademarkangel.com; TrademarkAngelTeam@gmail.com);
via phone: (+1 226 246 2979);
via Whatsapp: (+1 226 246 2979);
via contact form on our website ( https://trademarkangel.com/contact/);
and via (Facebook: https://www.facebook.com/trademarkangel )

4. DESCRIPTION OF TRADEMARK FILING PACKAGES

4.1. “SAIL THROUGH” package

4.1.1. What’s included:

Preparation and filing of your application and up-to-date reporting of the progress all the way to registration.

The number of included classes is two (2) in Canada, US, UK, EU, Australia, 3 in Germany and a single class in China, India, Mexico, Brazil, South Korea, Japan, Turkey and UAE.

Our professional fees for each extra class are US$75 for the US, Canada, EU and UK; $100 for Australia, Germany and India; US$300 for China; US$355 for Mexico, Japan, South Korea and Brazil; US$890 for UAE.

In China, Brazil, Mexico and UAE all trademarks are filed in a single class.

4.1.2. What’s not included:

Government fees, responding to examiner’s objections (“Office Action”); the filing of statement of use or requesting extensions to file a statement of use, opposition proceedings; free re-filing and additional free extras that you get with the “ALL IN” package.

If an Office Action is received, Client will be notified and provided with a cost estimate to respond based on our hourly rate (posted on our website: www.trademarkangel.com, hereinafter the “Website”).

Our professional fee for filing a statement of use is US$300 for a maximum of two (2) classes of goods (plus US$75 for each additional class in excess of the maximum included number of classes). Our professional fee for filing an extension to file statement of use is US$100. Note, government fees for filing a statement of use or an extension to file statement of use apply. (Refer also to 6.2 of this agreement)

4.2. “ALL IN” package

4.2.1. What’s included:

Covers everything that is included in the SAIL THROUGH package plus reporting and responding to non-substantive (procedural) Office Actions. In the US, this package also includes filing a Statement of Use with specimens provided by Client, requesting extensions to file a Statement of use. This package comes with free re-filing if Client’s mark is refused by the Trademark Office. Free re-filing will be done on our SAIL THROUGH package conditions – you will be responsible for government fees but we will waive professional fees.

The number of included classes is two (2) in Canada, US, UK, EU, Australia, 3 in Germany and a single class in China, India, Mexico, South Korea, Brazil and Japan. Our professional fees for each extra class are US$75 for the US, Canada, EU and UK; US$100 for Australia, Germany and India; US$355 for Turkey; US$450 for China, Mexico, Brazil, South Korea and Japan; US$1295 for UAE. In China, Brazil, Mexico, South Korea and UAE all trademarks are filed in a single class.

4.2.2. 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 – a year from the invoice date.

Reasonable consultations related to Client’s trademark matter with Trademark Angel about your trademark (average of US$250).

4.2.3. What’s not included:

Government fees, substantive Office Actions including those addressing confusion, descriptiveness or lack of distinctiveness, opposition proceedings and additional free extras that you get with BELLS AND WHISTLES package.

4.3. “BELLS AND WHISTLES” package

4.3.1. This package is currently not offered in Japan, South Korea and UAE.

4.3.2. What’s included:

Covers everything that is included in the “ALL IN” package, plus reporting and responding to substantive Office Actions and free re-filing.

4.3.3. Free trademark re-filing:

Free re-filing will be done on the “ALL IN” package conditions – you will be responsible for government fees but we’ll waive professional fees.

The maximum number of classes: unlimited, except for India, Japan, China, South Korea, UAE and Mexico where the limit is one class. The number of included classes is 2 in Australia, Turkey and 3 in India.

Our professional fees for each extra class are US$100 for Australia; US$200 for India; US$995 for Mexico, Brazil and Turkey (filed as separate trademarks); $1295 for China (filed as separate trademarks).

4.3.4. Free extras:

Free update of address change (value US$100 for each). You will be responsible for applicable government fees. Expiry – 2 years from the invoice date.

Free recordal of trademark assignment (value US$300 for each trademark). You will be responsible for applicable government fees. Expiry – 2 years from the invoice date. Canada, US, UK and EU only.

One free cease and desist letter, if necessary, signed by an attorney (value US$500). This expires in two (2) years from the invoice date. US only.

Reasonable consultations related to Client’s trademark matter with Trademark Angel about your trademark (average of US$350).

Government fee for a potential office action response in China is included (US$110).

4.3.5. What’s not included:

Government fees, government fees in China for office actions and opposition proceedings.

4.4. Additional-Class Professional Fees

4.4.1. Professional fees for additional classes cover work performed in relation to each additional class, including reviewing and classifying the relevant goods/services, conducting and assessing comprehensive trademark searches where included in the applicable package, preparing appropriate goods/services descriptions, and preparing the trademark application.

4.4.2. Once work has commenced on an additional class, including, without limitation, classification of goods/services or inclusion of that class in a comprehensive trademark search, the applicable additional-class professional fee is earned and non-refundable, even if the Client subsequently decides not to include that class in the trademark application.

4.4.3. If an additional class is not ultimately filed, no government filing fee for that class will be incurred.

4.5. Additional Exclusions

Unless expressly included in the applicable package description or otherwise agreed in writing, trademark packages do not include opposition proceedings, cancellation proceedings, appeals, hearings, cease and desist letters, infringement matters, enforcement matters, coexistence negotiations, consent agreements, settlement negotiations, litigation, court proceedings, customs enforcement, marketplace disputes, domain name disputes, or other adversarial, contested, or enforcement-related matters.

5. TIME SENSITIVE TRADEMARK MATTERS

5.1. Client should provide Trademark Angel with reasonable time to prepare, review, finalize, and file responses, Statements of Use, declarations of use, renewals, extensions, maintenance filings, and other time-sensitive trademark matters.

5.2. Client’s instructions, approvals, supporting documents, specimens, signatures, and payment should be communicated to Trademark Angel on or before the indicated internal deadline.

5.3. If complete instructions, approvals, supporting documents, specimens, signatures, or payment are received after Trademark Angel’s internal deadline, the matter may become subject to rush handling fees and expedited processing requirements.

5.4. Certain substantive, evidence-heavy, proof-of-use, or otherwise time-sensitive matters may also become subject to additional emergency handling fees if received close to the official deadline.

5.5. Substantive matters may include, without limitation, substantive office actions, likelihood of confusion refusals, descriptiveness refusals, surname refusals, Statements of Use, Declarations of Use, proof-of-use matters, substitute specimen matters, appeals, oppositions, cancellations, or matters requiring substantial evidence collection, legal review, attorney coordination, foreign associate coordination, or local agent coordination.

5.6. Trademark Angel cannot guarantee that a matter can be finalized and filed before the official deadline where complete instructions, approvals, supporting documents, specimens, signatures, or payment are received close to the official deadline.

5.7. If a trademark application or registration becomes abandoned, cancelled, expired, or otherwise adversely affected because Client did not provide complete instructions, approvals, supporting documents, specimens, signatures, or payment within sufficient time before the official deadline, additional professional fees, government fees, attorney fees, revival fees, reinstatement fees, surcharge fees, or re-filing fees may apply. Such fees shall be Client’s responsibility.

5.8. Trademark Angel reserves the right to place matters on inactive status or administratively close matters where Client has not responded, provided instructions,

approvals, supporting documents, specimens, signatures, or payment, or otherwise communicated with Trademark Angel for an extended period of time. 5.9. If a Client re-engages Trademark Angel after a prolonged period of inactivity, Trademark Angel may require additional review, updated instructions, updated searches, updated government fee information, additional professional fees, or a new engagement before further work can be performed.

6. TAKING OVER TRADEMARK IF SELF-FILED OR FILED WITH ANOTHER FIRM

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. COMPREHENSIVE TRADEMARK SEARCH

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

7.1.1. A new search fee of US$250 will apply if:

The Client decides to change a trademark that was not found unregistrable. If a trademark is found unregistrable, the Client may provide replacement trademarks, and we will conduct additional searches without additional search fees until we identify the first registrable trademark, provided the Client continues with the existing package and does not request a refund under clause 13.4.

Client takes a long time (more than one week) to confirm the draft trademark application, so a fresh/updated search should be conducted. Client can request a new trademark search to be conducted to ensure that no third-party application was filed during the window period between the date of last search and the actual date of filing the application. Client may decide not to do the new search at his/her 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.

This search fee is separate from any applicable additional-class professional fee under clause 4.4.

7.2. At the moment, our packages in India, Mexico, Brazil, China, Japan, Germany, UAE, Turkey, South Korea and other countries not mentioned in clause 7.1 do not include comprehensive trademark searches but can be purchased separately. Cost for such a comprehensive search is US$250 for India, Mexico, Brazil, Japan, Turkey and Germany and $300 for China, South Korea and UAE.

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.

8. DESCRIPTION OF COPYRIGHT FILING PACKAGES

8.1. Copyright Package

8.1.1. What’s included:

Initial copyrightability test

Unlimited email consultations.

A phone consultation.

Pro-forma cease and desist letter (upon client’s request)

Certificate of Registration (sent directly to your indicated mailing address)

8.1.2. What’s not included:

Response to Copyright Refusal (We don’t recommend responding to copyright refusal as it entails more fees, (i.e., professional and government fees) than filing a new copyright application. We can re-file for different copyright works or materials for 50% of the copyright package price, inclusive of government fees;

Copyright enforcement services, namely:

Attorney-signed cease and desist letter

Digital Millennium Copyright Act (“DMCA”) Takedown Notice

Custom and Border Control; or

Any other additional services apart from those which are expressly included above.

9. GOVERNMENT FEES

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

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

9.3. 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.

9.3.1. Canada

Canadian government filing fee is C$491.06 for the 1st class and C$149.04 for each additional class.

Government fees for recording an assignment are at present C$125 per mark.

9.3.2. USA

The US government filing fee is US$350 per class for a base application using the USPTO’s pre-approved Identification of Goods and Services Manual.

For applications filed through Trademark Angel at this fee level, we include up to 15 goods/services items per class. If more than 15 items are requested, additional professional fees may apply.

If a custom description (free-form text) is required instead of using the USPTO’s pre-approved Identification Manual, the government filing fee is US$550 per class. Each additional group of 1,000 characters in the free-form text box beyond the first 1,000 is subject to an additional US$200 government fee.

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$150 per class per mark. Our fees are US$300 plus US$75 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. We don’t charge anything extra 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.

9.3.3. 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.

9.3.4. United Kingdom

The UK government filing fees are GBP £205 for the first class and GBP £60 for each additional class (online filing).

Government fee for recording an assignment is at present GBP £50 per mark.

9.3.5. Australia

The Australian government filing fees are AUD 250 per class with picklist and AUD 400 without a pick list.

9.3.6. China

Chinese government filing fees are US$70 per class (limit of 10 items in a class). The government fee to respond to an office action is US$110.

9.3.7. India

Trademark application for a Company: US$ 150 per class; Trademark application for an Individual: US$ 75 per class.

9.3.8. 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.

9.3.9. Mexico

Trademark application: US$170 per application.

9.3.10. Brazil

Trademark application filing fees are R$415 (appr. US$85) per class.

Trademark application registration fees are R$745 (appr. US$150) per class.

9.3.11. Japan

Trademark application filing fees are 12000 YEN (appr. US$115) per class.

Trademark application registration fees are 28000 YEN (appr. US$280) per class.

9.3.12. South Korea

South Korean government filing fee is KRW 62,000 (US$50) per application, per class.

South Korean government registration fee is KRW 211,000 ($170 per application per class, and KRW 2000 ($2) per designated good/service in excess of 10 items in a class (as applicable).

9.3.13. UAE

Government filing fees are $1881 per class. In addition, there will be charges of US$200.00 for super legalization Power of Attorney, by UAE Ministry of Foreign Affairs.

9.3.14. Turkey

Government filing fees are TRY2820 ($70 USD) and government registration fees are TRY7010 (US$165) fixed fee.

9.3.15. Extra government fees apply for claiming priority.

9.3.16. Additional Government Fees, Rule Changes and Official Charges

Government fees, filing rules, filing options, official requirements, and fee structures of trademark and copyright offices worldwide are subject to change without notice. Additional government fees, surcharges, supplemental fees, insufficient information fees, amendment fees, correction fees, excess item or character fees, priority fees, maintenance fees, legalization fees, expedited fees, attorney certification fees, local agent fees, or other official or third-party charges may apply depending on the jurisdiction, filing options selected, official requirements, post-filing amendments, changes requested by Client, or the information, documents, instructions, approvals, specimens, signatures, or other materials provided, withheld, delayed, or subsequently changed by Client, or rules in effect at the relevant time. Unless expressly stated otherwise in writing, all such government fees, official charges, and related third-party charges shall be Client’s responsibility.

10. URGENT FILING OPTION

10.1. If a Client requires expedited filing, an “add on” for URGENT FILING is available. For an extra US$180 per trademark, the comprehensive trademark search will be completed on an expedited basis and, subject to the search results, Client’s authorization to proceed, and receipt of all information necessary for filing, the trademark application will be submitted within 48 hours.

10.2. For urgent filings, Clients are encouraged to schedule a phone call with us to review the filing details and help ensure that all necessary information is provided promptly. A phone call is not required if all necessary information can be provided by email or other written communication.

10.3. The URGENT FILING fee is charged for expedited handling and prioritization of the Client’s matter. Once Trademark Angel has commenced expedited work, including conducting or arranging the comprehensive trademark search, the URGENT FILING fee is earned and non-refundable, regardless of the outcome of the trademark search or whether the trademark application is ultimately filed.

11. HOURLY CHARGES

11.1. On occasion, Trademark Angel charges on an hourly basis for the provision of 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.

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

12. PRICE INCREASE

12.1. Trademark Angel has the right 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.

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

13. REFUNDS

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

13.2. If a Client purchases any package but later changes his/her mind, a refund of the professional fees paid will be offered within the first 48 hours, provided that Trademark Angel has not yet commenced work on the matter, including conducting or arranging a trademark search, reviewing filing information, preparing the application, or commencing expedited work. Any non-refundable payment processing fees, bank fees, government fees, or third-party charges already incurred will be deducted from the refund.

13.3. Except as expressly provided in these Terms, no refunds are offered if 48 hours have passed after an invoice was paid or a 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.

13.4. Exception to clause 13.3: If the Client’s trademark is found unregistrable after Trademark Angel conducts a comprehensive trademark search, the Client may either:

(a) continue with the existing package and provide replacement trademarks for additional searches in accordance with clause 7.1.1; or

(b) request a refund of the applicable trademark package professional fee.

If a refund is issued, the package will be terminated and no further searches or other services will be provided under that package.

Any refund under this clause does not include any URGENT FILING fee, additional-class professional fee, government fee, payment processing fee, bank fee, third-party charge, or other fee for work already performed or services already delivered.

13.5. Once a trademark search has been completed, it is considered that a digital product has been delivered and a refund cannot be requested, except as provided in clause 13.4. Any URGENT FILING fee remains non-refundable once expedited work has commenced.

13.6. 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.

13.7. Additional-class professional fees are subject to clause 4.4 and are non-refundable once work on the additional class has commenced.

13.8. Payment Processing and Bank Fees: Payment processing fees, card processing fees, Stripe fees, bank transfer fees, wire fees, intermediary bank fees, currency conversion fees, and similar third-party transaction charges are non-refundable once incurred.

Where Trademark Angel approves a refund, the amount refunded will be reduced by any such fees that were charged to or retained from Trademark Angel in connection with the original payment or refund transaction.

14. UPGRADE OR DOWNGRADE POLICY

14.1. 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.

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

14.3. 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.

14.4. Although changing package is primarily based on a client’s business judgment, Trademark Angel may, in some instances, recommend an upgrade.

15. RE-FILING OFFER POLICY

15.1. 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.

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

15.3. 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.

15.4. Free re-filing offer does not apply in the following circumstances, including but not limited to: (1) if the Client decides to abandon the application; (2) if the Client decides to re-brand; and (3) if the Client decides to be in default or if the Client loses in an opposition proceeding.

15.5. The re-filing of a trademark application must be 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.

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

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

16. AMAZON BRAND REGISTRY ENROLLMENT

16.1. Trademark Angel offers a step-by-step guide to register your brand with Amazon Brand Registry.

17. HIJACKER REMOVAL AND AMAZON ACCOUNT SUSPENSIONS

17.1. 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.

18. DATA PROTECTION

18.1. 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.

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

19. RETENTION OF INFORMATION

19.1. 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.

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

19.3. 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.

19.4. 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.

19.5. Trademark Angel keeps no physical records. Trademark Angel office is fully electronic. 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.

20. INDEMNIFICATION & LIMITATION OF LIABILITY

20.1. 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 acts, omissions, instructions, information, materials, use of our services, trademark matter, or breach of this Agreement.

20.2. 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.

20.3. 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.

20.4. To the maximum extent permitted by law, Trademark Angel’s aggregate liability arising out of or relating to the services, these Terms of Engagement, or the subject matter hereof, whether in contract, negligence, tort, statute, or otherwise, shall not exceed the total professional fees actually paid by Client to Trademark Angel for the specific matter giving rise to the claim, regardless of the number of claims, theories of liability, or causes of action asserted.

21. MISCELLANEOUS

21.1. 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.

21.2. 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.

21.3. 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.

21.4. 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.

21.5. Choice of Law

This Agreement is governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.