We only Guarantee a registration if we have been instructed to carry out a “Full Clearance Search & Analysis”, and then subsequently provide an “all clear” report.
Our firm will provide you with a full refund of our firm’s professional fees incurred in searching, preparing and filing the application, dealing with the examination report, and dealing with the opposition of your Trade Mark, in the event that:
- We advise you to withdraw your application on the basis of an objection during the Examination stage of the application process; or
- Your Trade Mark application is refused for all marks in the series on appeal during the Examination stage in respect of your core goods and services; or
- We advise you to withdraw your application on the basis of an earlier right which was cited in the full clearance search but was not regarded as an obstacle to registration by us; or
- Following an official decision in opposition proceedings, your Trade Mark application is refused for all marks in the series in respect of your core goods or services sought for registration on the basis that it conflicts with an earlier right cited in our clearance search and we advise you not to appeal the decision; or
- Following an official decision from the Appeal Tribunal, your Trade Mark application is refused for all marks in the series in respect of your core goods or services sought for registration on the basis that it conflicts with an earlier right cited in our clearance search.
If we provide you with an “all clear” search report, we guarantee that we are able to overcome any objections or challenges from the UK Intellectual Property Office, or other third parties and owners of earlier rights that were found in our search report at the time the full clearance search was carried out.
In the event that you do not provide us with instructions and relevant information by the deadline we provide or in the even that you decline to proceed in accordance with our recommended course of action, our guarantee will be terminated.
