Updated: February 13, 2025

Terms and Conditions

1. The Parties / Effective Date

This agreement is made between Trademarkings Inc. (“we,” “us”) and you (“client”) and is effective as of the latest date of signing by the client.

2. Services Provided, Responsibilities of Trademarkings Inc. and Client

Trademarkings Inc. is a trademark firm that employs or sub-contracts registered trademark agents, licensed attorneys, paralegals, and assistants to provide trademark filing and related services. While we are not a law firm, all trademark applications are prepared, reviewed, and filed by licensed trademark attorneys to ensure quality and compliance with jurisdictional requirements.

The scope of services is detailed for each corresponding trademark country on our pricing page. Additional services may be subject to additional charges.

We will perform the agreed services, keep you informed of progress, and respond promptly to inquiries. You agree to cooperate with us, provide accurate and timely information, promptly pay all fees and costs, and keep us informed of your current contact information.

You understand that trademark applications are subject to examination and approval by the relevant government authority and that registration cannot be guaranteed.

3. Fees

How We Charge

Fees for services are outlined on our pricing page. Additional fees may apply for tasks outside the scope of the listed packages. Fees will be disclosed for your acceptance before proceeding.

Initial Fees

Fees paid when submitting our online forms correspond to the selected service and may not include all fees required for registration. Additional fees may apply for unforeseen events such as government objections or third-party oppositions.

Examination Fees

Government authorities examine all trademark applications for registrability. Depending on the package purchased:

  • Basic Package: Additional fees apply for any responses to examination reports
  • Value Package: Minor responses to examination reports are included
  • All-Inclusive Package: Major responses to examination reports are included

Evidence-based responses, opposition proceedings, and third-party challenges are not included in any package.

Additional Class Fees

Trademark applications require specifying goods or services, classified into 45 categories. Beyond the first class:

  • Government fees vary by jurisdiction
  • A professional fee of $70 per additional class applies

We aim to minimize costs by drafting applications to cover only necessary classes.

Registration guarantee

If you select our Value or All-Inclusive Package, we offer a Registration guarantee. If your application is rejected after responses are submitted, we will file an amended application at no additional professional fee (government fees still apply).

We cannot guarantee registration, as final decisions are made by the intellectual property office and could be disputed by a 3rd party. The amended application may differ from your preferred trademark representation.

Payment Timing, Refunds, and Other Costs
  • Payments are typically required upfront and are non-refundable
  • Refunds may be issued if requested within 48 hours and no work has been performed
  • Partial refunds may apply after work commences, at our discretion
  • Government fees are non-refundable if the trademark has been lodged
  • Interest may be charged for late payments, and additional charges may apply for international bank transactions or postage

4. Costs and Expenses

Government fees are separate from our service fees. These vary by jurisdiction and the number of classes included in the trademark application and other filings.

5. Trademark Packages

Basic Package
  • Includes unlimited consultations with our team
  • We will prepare and file your trademark application
  • No additional responses or guarantee are included
Value Package
  • Includes everything in the Basic Package
  • Comprehensive trademark Search and opinion before filing
  • Registration guarantee (if rejected, we will file an amended application at no additional professional fee; government fees still apply)
  • Minor responses to office actions are included

Minor responses: Preparing and filing responses to non-substantive examination reports (addressing formality issues or re-specification of goods/services).

All-Inclusive Package
  • Includes everything in the Value Package
  • Major responses to office actions (examination reports) are included

Major responses: Preparing and filing responses to substantive examination reports (usually addressing confusion or descriptiveness). This does not include evidence submissions.

Exclusions from All Packages
  • Evidence-based responses (submitting affidavits, consumer surveys, or declarations)
  • Opposition proceedings or third-party disputes
  • Litigation or enforcement actions beyond prosecution in front of the IP office

6. Free Trademark Assessment

We offer a free trademark assessment, which provides a basic registrability check and a surface-level similarity review. This assessment does not include a full database search for conflicting trademarks.

For a more comprehensive search, we offer a deep scan of trademark databases to identify potential conflicts with prior applications. This service incurs fees, but is included for free with our Value and All-Inclusive packages.

7. Communication & Client Responsibilities

Primary Means of Communication

Email is our primary method of communication for trademark matters. You are responsible for ensuring you receive our emails and should add our email addresses to your safe sender list (whitelist).

Failure to monitor email communication may result in missed deadlines, application lapses, or additional costs, for which we are not responsible.

8. Processing Times & Delays

Trademark applications are subject to government processing times, which vary by jurisdiction and may change without notice.

  • We make reasonable efforts to expedite filings and monitor progress
  • We are not responsible for delays caused by the intellectual property office or other external factors
  • Estimated timelines are only estimates and not guarantees

9. Client Inaction & Abandonment Policy

If we request additional information or instructions and do not receive a response, we may assume you no longer wish to proceed.

  • Your application may lapse or be abandoned
  • No refunds will be provided for abandoned applications

10. Client Misrepresentation

You are responsible for ensuring the accuracy of all information provided for your trademark application.

  • We are not liable for errors, refusals, or complications resulting from incorrect, incomplete, or misleading information supplied by you
  • Providing false or misleading information may result in rejection or invalidation of your trademark application

11. Confidentiality and Work Product

All writings, notes, research, and confidential materials prepared by us are protected under confidentiality and applicable attorney-client privilege provisions.

Intellectual Property Ownership of Work Performed
  • The client retains ownership of their trademark
  • We retain ownership of any proprietary research, templates, or strategies used in the process

12. Termination

  • You may terminate our engagement at any time with reasonable notice
  • We reserve the right to terminate the agreement for valid reasons
  • Upon termination, you agree to pay for all fees and expenses incurred prior to the termination date

13. Entire Agreement and Severability

This agreement constitutes the entire understanding between the parties. No other promises, statements, or agreements made before the effective date will be binding.

If any provision is deemed unenforceable, the remaining provisions will continue in effect.

14. Form of Signatures

This agreement may be executed electronically. Your payment constitutes confirmation that you have read and agree to these terms and conditions.