Terms of Service

Last updated: January 2024

1. Agreement to Terms

By accessing and using ActiveTrademark services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

2. Description of Services

ActiveTrademark provides professional trademark registration services including trademark searches, application preparation, government filing, and legal support throughout the registration process.

We do not guarantee trademark registration approval, as final decisions rest with the relevant trademark offices in each jurisdiction.

3. Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete information
  • Responding promptly to requests for additional information
  • Paying all fees according to the agreed schedule
  • Ensuring they have the right to use the proposed trademark

4. Fees and Payment

All fees must be paid before services commence. Our fees include both professional services and government filing fees unless otherwise specified. Fees are non-refundable except as outlined in our refund policy.

5. Refund Policy

We offer a money-back guarantee if your trademark application is rejected due to our error in the application preparation or filing process. Refunds do not apply to rejections based on:

  • Conflicts with existing trademarks
  • Descriptive or generic nature of the mark
  • Government policy changes
  • Client-provided incorrect information

6. Limitation of Liability

Our liability is limited to the fees paid for our services. We are not liable for indirect, consequential, or punitive damages. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

7. Confidentiality

We maintain strict confidentiality regarding all client information and trademark applications. Information is only disclosed when required by law or with client consent.

8. Intellectual Property

All content on our website, including text, graphics, logos, and software, is protected by intellectual property laws. Clients retain ownership of their trademark applications and related materials.

9. Governing Law

These terms are governed by Australian law. Any disputes will be resolved through arbitration or in the courts of Australia.

10. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be posted on this page with an updated revision date. Continued use of our services constitutes acceptance of any changes.

Contact Information

If you have questions about these Terms of Service, please contact us through our website contact form.