Terms and Conditions of Service

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84i Limited trading as The Trademark Helpline

These Terms and Conditions set out the basis on which 84i Limited trading as The Trademark Helpline, referred to in these terms as TMH, provides services to clients.

By instructing TMH, confirming acceptance by email, signing an engagement letter, placing an order, or making payment after these terms have been made available, the client agrees to be bound by these terms.

1. Definitions

TMH, we, us, our means 84i Limited trading as The Trademark Helpline.
Client, you, your means the person or business instructing TMH.
Services means trademark and related services provided by TMH, including searches, filings, renewals, monitoring, disputes, consultations, and asset sale negotiation services where agreed.
Agreement means the contract between TMH and the client for the provision of Services, incorporating these terms and any engagement letter, proposal, order confirmation, or written scope agreed between the parties.
Subscription means any ongoing service plan offered by TMH, including monitoring and defence packages and any annual review plan.
Intellectual Property Office means the UK Intellectual Property Office and any overseas office, registry, tribunal, or authority relevant to the instruction.

2. Scope of services

TMH provides services that may include:

  1. trademark searches and assessments
  2. trademark consultation and audit services
  3. preparing and filing trademark applications in the UK and, where requested, supporting overseas filings through third party representatives
  4. renewals, restorations, recordals and related registry filings
  5. monitoring and reporting services under subscription plans
  6. dispute and enforcement support, including opposition support, invalidation support, takedown support and cease and desist correspondence support
  7. asset and trademark sale negotiation services, including negotiation support for the sale, transfer, assignment, licence or disposal of trademarks and related goodwill, where specifically instructed

Specific Services, time estimates, prices, and inclusions will be as set out in the relevant proposal, order confirmation, engagement letter, or agreed scope.

3. What is not included

Unless expressly agreed in writing, TMH does not provide:

  1. reserved legal activities
  2. litigation services or court advocacy
  3. tax advice or financial advice
  4. regulated valuation advice
  5. insolvency advice
  6. accountancy advice
  7. legal advice as a firm of solicitors

Where legal oversight is required or recommended, TMH can introduce or coordinate with a solicitor or other specialist. Any third party adviser will act under their own terms and fees.

4. Client responsibilities

The client must:

  1. provide accurate and complete instructions and information in a timely manner
  2. respond promptly to requests for approvals, evidence, documents, and confirmations
  3. ensure it has the authority and right to instruct TMH, including ownership or permission to deal with any trademark or asset
  4. review and approve all key information before submission or dispatch, including names, addresses, specifications, classes, and any statements
  5. keep TMH informed of any deadlines, commercial changes, or material facts relevant to the Services
  6. seek independent legal and tax advice where appropriate

TMH is not responsible for delays, errors, or adverse outcomes caused by incomplete, inaccurate, or late client information or approvals.

5. Overseas work and third party representatives

For overseas filings, renewals, disputes, or local procedures, TMH may need to instruct overseas representatives, attorneys, agents, translators, or correspondents.

The client acknowledges that:

  1. overseas rules vary and may require local representatives
  2. third party fees, official fees, and costs may apply
  3. timelines and outcomes are subject to local office practice and third party responsiveness

TMH will take reasonable care in selecting third party representatives, but TMH is not responsible for the acts or omissions of third parties who are engaged to deliver part of the Service.

6. Fees, pricing, and payment

Fees may be charged as:

  1. fixed fees, where quoted and agreed
  2. hourly fees, where stated
  3. subscription fees, for ongoing services
  4. contingency or success fees, for asset sale negotiation services, where agreed in writing

Unless stated otherwise:

  1. official fees, registry fees, overseas agent fees, and third-party costs are payable in addition to TMH fees
  2. payments must be received in cleared funds before work begins where TMH reasonably requires this, particularly for filings, renewals, restorations, overseas instructions, and third-party disbursements
  3. quoted time estimates are estimates only and do not guarantee total hours or outcomes

Where subscription services are paid by direct debit using GoCardless, or by continuous card payment using Stripe, the client authorises TMH to collect amounts due in accordance with the subscription plan.

7. Subscription terms

Where the client subscribes to a monitoring or defence plan, the subscription terms include:

  1. the minimum term as stated at purchase or in the subscription agreement
  2. any included hours or benefits as described in the plan
  3. any fair use limits or exclusions stated at purchase or in plan documentation
  4. renewal of subscriptions in accordance with the agreed payment method unless cancelled in line with the plan terms

Where a discount is offered for paying a minimum subscription term upfront, the discount applies only where payment is received in cleared funds before the subscription period begins.

8. Asset and trademark sale negotiation services

Where the client instructs TMH to negotiate the sale or disposal of a trademark or other asset, this Service may be provided under either:

  1. these general terms plus an asset sale engagement letter
  2. a dedicated set of asset sale terms and conditions provided by TMH

Unless expressly agreed otherwise in writing:

  1. TMH’s role is commercial negotiation and transaction coordination
  2. TMH does not provide tax advice and recommends independent tax advice due to potential capital gains tax implications
  3. the purchase price is to be paid directly to the client, or to the client’s appointed solicitor or escrow provider
  4. TMH’s fees become due on completion in line with the agreed fee structure
  5. the client must disclose the full transaction value and must not enter side arrangements or structures designed to avoid TMH’s fee
  6. non circumvention obligations may apply where TMH introduced or engaged a buyer or relevant contact

9. Confidentiality and data protection

TMH will treat client information as confidential and will not disclose it except:

  1. where necessary to provide the Services
  2. where required by law or a regulator
  3. to intellectual property offices and registries
  4. to third party representatives engaged in delivery
  5. where the client has authorised disclosure

The client agrees to keep confidential any proprietary information about TMH’s processes, pricing structures, methods, templates, and commercial arrangements.

10. No guarantee of outcome

Trademark matters depend on factors outside TMH’s control, including registry examination practices, third party oppositions, prior rights, evidence requirements, and legal interpretation.

TMH does not guarantee:

  1. acceptance of any application
  2. registration of any trademark
  3. success of oppositions, invalidations, or takedown requests
  4. that a third party will stop infringing activity
  5. that monitoring will identify every possible risk
  6. that an asset sale will complete or achieve a particular value

11. Limitation of liability

To the fullest extent permitted by law:

  1. TMH’s liability for any claim arising out of or in connection with the Services is limited to the total fees paid to TMH for the specific Service giving rise to the claim
  2. TMH is not liable for indirect or consequential loss, including loss of profits, loss of opportunity, or loss of goodwill
  3. TMH is not liable for delays or failures caused by intellectual property offices, registries, postal delays, courier delays, third party representatives, or events outside TMH’s reasonable control
  4. TMH is not liable for third party fees collected on behalf of the client, including official fees, overseas representative fees, or third party software charges

Nothing in these terms excludes liability for death or personal injury caused by negligence, fraud, or any liability which cannot lawfully be excluded.

12. Cancellation and termination

Either party may terminate the Agreement by giving 30 days written notice unless a different notice period applies to a subscription minimum term or an agreed project scope.

If termination occurs:

  1. the client must pay for Services performed up to the termination date
  2. any third-party costs incurred with authority remain payable
  3. where subscription services are terminated early, refunds and any termination fees will be handled in accordance with the subscription plan terms and any agreed minimum term

TMH may suspend or terminate Services with immediate effect if:

  1. the client fails to pay amounts due
  2. the client fails to provide instructions or information required to progress the work
  3. continuing to act would create a conflict or legal or reputational risk
  4. the client requests action that TMH reasonably believes is unlawful or improper

13. Complaints and dispute resolution

If the client is unhappy, the client should contact TMH in writing with full details so TMH can review the matter.

Any dispute arising out of or in connection with this Agreement shall be handled as follows:

  1. the parties will seek to resolve the matter promptly by discussion
  2. if unresolved, the parties will consider mediation
  3. if mediation is unsuccessful, disputes may be referred to arbitration in accordance with the Arbitration Act 1996, unless the parties agree otherwise

14. Governing law and jurisdiction

These terms are governed by the law of England and Wales, and the courts of England and Wales shall have jurisdiction, subject to any agreed arbitration process.

15. Changes to these terms

TMH may amend these terms from time to time. The version published on TMH’s website at the time the client places an order applies to that order unless a different version is agreed in writing.

16. Entire agreement

These terms, together with any engagement letter, proposal, order confirmation, subscription plan terms, or scope agreed in writing, form the entire agreement between TMH and the client for the Services.