Conditions of the Trademark Eagle promise
Trademark Eagles uses data from the official UK and EU trademark Registry Databases with our search software. Our experts and attorneys have decades of trademark experience.
Following an application for registration of your trademark, or the purchase of our trademark Search Review, we will advise the following:
a) Whether to proceed with filing to register your trademark
b) Whether to make an adjustment to your trademark in order for it to be acceptable.
If we advise that your trademark is clear for registration and your trademark is insurmountably rejected by the Examiner in the trademarks Registry, then we will refund our Trademark Eagle legal fees for the filing of the application.
We may advise that there are potential problems with your application due to:
c) Concerns over trademark compliance with the criteria to function as a trademark in accordance with trademark law; or
d) Concerns over the existence of prior competing trademarks and the risk of potential third party objections.
In this case, if you still wish to proceed with an application, we will of course assist you and try to mitigate against objections. We are also able to advise and assist you in overcoming objections where possible. However we would not, in these circumstances, apply our guarantee to your application’s success, and there may be additional costs incurred if we are to help you overcome objections.
The searches that we conduct are of the UK and EU trademark Registers, and we rely upon the data being provided from the Official databases. We are not responsible for and cannot guarantee their accuracy. We do not routinely review the other 27 member Registers of the Community System (EU). If you would like us to conduct searches of these then please let us know.
Searches of the trademark Registers do not identify earlier rights, which may be protected solely under common law, and have not been the subject of a trademark Application. Similarly, we cannot predict any third parties which may emerge. Claiming earlier rights during advertisement of your trademark these. That said, in this circumstance our expert trademark attorneys will seek to support you in opposing any such objection where appropriate.
The searches therefore do not give full assurance that a name is clear for registration or use and we do not take any responsibility for any use made of the mark which results in a passing off action or infringement.
In addition, trademarks can be filed on trademark registers other than the UK and Community which can claim priority over later applications for a period of six months. If subsequently these marks are filed in the UK then they may have an earlier filing date and become an earlier trademark right.
Please be aware that it is impossible for us to predict whether a third party will object to a trademark application. Part of the application processes us for a trademark to be advertised for a statutory period in order to allow owners of potentially competing trademarks to object to the mark. Should an objection be filed, we will advise you of the process and of your options. The majority of trademark oppositions are settled amicably.
There are additional searches that you should undertake and these include searches of Companies House Register, social media sites, internet searches and domain name searches. Searches of the Trade Mark Registers do not identify earlier rights which may be protected solely under common law and not have been the subject of a trademark application. This search does not in any way give a full assurance that a name is clear for registration or use and we do not take any responsibility for any use made of the mark which results in a passing off action or infringement.
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