The present Terms of Service applies to your use of the Trademark Depot (“TMD”)
website located at www.trademarkdepot.ca (the “Website”) and to your use of TMD’s services (the “Services”). These Terms of Service (the “Terms”) govern your access to and use of the Website and Services. By using the Website or the Services you affirm that you are at least 18 years old and that you consent to the present Terms. If you violate or do not agree to these Terms, your use of the Services may be suspended or terminated at any time at the sole discretion of TD. Additional terms and conditions may apply to some services offered on the Website. The terms and conditions for such services will be listed on the Website from time to time and are incorporated into these Terms and Conditions by reference.
1. About the Service
1.1. Trademark Depot is a trademark filing and registration service owned and operated by registered trademark agent Jamie Bashtanyk. Individuals and business representatives (“Customers”) can purchase Services from TMD or use the Website to view a list of available Services and additional information regarding TMD and trademarking generally. Services include, but are not limited to, the drafting and preparation of trademark applications, filing of trademark applications, responding to office actions, clearance searches, consultations, cancellation proceedings, opposition proceedings and trademark maintenance. To the extent permitted by applicable law, TMD reserves the right to deny or terminate service to any Customer at our discretion.
1.2. Customers can request services from TMD by contacting us at [email protected]
or 1-833-832-6863 (1-833-TEAM TMD). Upon the receipt of a service request, TMD will respond within 48 hours with a mandate agreement (“Mandate Agreement”) for your review and signature. TMD will not begin providing any services prior to the Customer signing and returning the Mandate Agreement along with the requested deposit, as described in the Mandate Agreement.
1.3. TMD offers our Services under 3 primary packages:
1.3.1. “Canada Package” 1.3.2. “U.S. Package”
1.3.3. “Canada & U.S. Package”
Full description and details for each package including pricing information is available at www.trademarkdepot.ca/home-copy. Services, packages, and associated pricing may change from time to time at the sole discretion of TMD. Pricing listed online may be changed without notice. In the event of any discrepancy regarding the pricing listed online and the fees listed in a Mandate Agreement, the pricing and fees described in the Mandate Agreement shall prevail.
1.4 By entering into a Mandate Agreement with TMD, the Customer authorizes TMD and its representatives to communicate and exchange documents with the Customer by email.
2.1. The fees payable in connection with any Services (the “Fees”) will be specified on the Website and in the Mandate Agreement provided to Customers prior to the commencement of Services. All Customers must read and sign a Mandate Agreement, and pay the deposit stipulated in the Mandate Agreement, prior to any services being provided. In the event of any discrepancy, other than a pricing discrepancy, between the Services listed on the Website and those listed in a Mandate Agreement, the Services listed on the Website shall prevail and the Mandate Agreement shall be duly amended upon notice to TMD of the discrepancy. All Fees are denominated in CDN dollars and are exclusive of any applicable taxes.
2.2. Fees may be paid by way of e-transfer, check or credit card. You represent and warrant that you are authorized to use the payment method you designate to TMD. You authorize TMD to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Paid Services you have ordered may be suspended or canceled.
2.3. In the event that any cheque, deposit, and/or financial instrument is rejected by Trademark Depot’s financial institution, the Customer acknowledges and agrees that Trademark Depot shall invoice the Customer in the amount of $50.00 for all fees and administrative time associated with the rejected cheque and/or financial instrument.
2.4. All disbursements incurred in the execution of the Services shall be in addition to the stated Fees paid to Trademark Depot. Trademark Depot’s invoices for Fees and Disbursements shall be paid upon receipt. However, if any amount remains unpaid 30 days after the date of an invoice, it is agreed that the unpaid portion shall bear interest at the rate of 12% per annum, calculated from the date of the invoice.
2.5. TMD may from time to time accept alternative payment methods not listed herein. Acceptance of alternative payment methods is at the sole discretion of TMD. Instructions for alternative payment options will be listed on the Website when available, which availability may be withdrawn by TMD at any time or from time to time at TD’s sole discretion.
2.6. In the event of an error in connection with the pricing or charging of any Services, TMD reserves the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 30 days of the date of the billing statement in which such error first appeared.
3. Processing of Customer Payment
All Customer payments for Services rendered must be paid within 30 days from the date of receipt of an invoice from TMD. Payments may be processed through a third-party payment processing service from time to time. Customers shall make all payments in accordance with the fees, charges, and billing terms in effect at the time Fees are due and payable. TMD reserves the right at any time to change its prices and billing methods, either immediately upon posting on the TMD website or by email delivery to you.
The Customer takes sole responsibility for the payment of any Sales Tax and any related penalties or interest to the relevant tax authority if they fail to pay the Sales Tax for the Services. The Customer will indemnify TMD for any liability or expense we may incur in connection with such Sales Taxes. The User may be required to provide TMD with evidence that they have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that TMD is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
5. Cancellation Policy
Customers may cancel an order at any time prior to the return of a signed Mandate Agreement. Following return of a signed Mandate Agreement, Customers may cancel their order by providing written notice to TMD. Upon receipt of a cancellation notice, TMD shall invoice the Customer for any time and disbursements accrued on behalf of the Customer prior to the receipt of the cancellation notice. Such time shall be invoiced at a rate of 150.00/hr plus tax.
6. Termination of Agreement and Refund Policy
TMD reserves the right to terminate any Services for any reason at any time, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, the Services shall be immediately terminated and the Customer shall be notified of the termination within twenty four (24) hours. No refunds shall be offered where a Service is deemed to have been completed by TMD in its sole discretion. Any monies that have been paid to TMD which constitute payment in respect of the provision of unused Services may be refunded at the request of the Customer.
7. Retention of Documents
7.1. Trademark Depot will keep all Customer files following their closing for a period of 7 years.
7.2. By entering a Mandate Agreement with TMD, the Customer authorizes TMD to destroy all documents contained in a Customer file after the said period of 7 years, including original documents, notwithstanding the Customer’s right to recover all documents belonging to themselves by addressing a demand to Trademark Depot to this effect before the end of the said period of 7 years.
7.3. Any and all documents relating to the registration of a trademark (“Registration Documents”) shall be provided to the Customer by email. Following delivery of the Registration Documents, retention of the Registration Documents beyond the 7 year period described hereinabove shall be the sole responsibility and at the sole discretion of the Customer. A trademark registration is valid for 15 years from the date of registration. TMD recommends that Customers retain all Registration Documents for at least a 15-year period from the date of delivery of the Registration Documents.
8. Limited License for Website
Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, TMD grants to you a revocable, personal, non-exclusive, non-assignable and non- transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access the TD Website (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). TMD and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by TMD for any reason at TMD’s sole discretion.
9. Use of TMD Website
When accessing or using the TMD Website, you agree that you will not violate any law, contract, or intellectual property or act in any way which may cause harm to another User. Users of the website must adhere to TMD’s safe use standards, including but not limited to:
9.1. No unauthorized use of the TMD Website;
9.2. No using the Website to transmit unsolicited commercial emails or other messages through the TMD Website;
9.3. Do not copy the content of the TMD Website
or any of its underlying source code;
9.4. No removing, altering, or obscuring any copyright or other proprietary notices of TMD or its affiliates or licensors in any portion of the TMD Website;
9.5. Do not upload to the Website any content or material which may harm, injure, damage, or otherwise risk the safety, wellbeing, or commercial operations of a User or of TMD, or that contains any virus, malware, or other malicious coding;
9.6. No obscuring or disabling any content that appears on or through the TMD Website;
9.7. No copying or collecting data from the TMD Website or using the Website to in any way attempt to collect data or breach the security of Website users; and
9.8. Do not violate any requirements, policies, procedures or regulations of a third party service which is connected to the TMD Website; and If you violate any of the foregoing, TMD reserves the right to suspend or terminate your access to and use of the TMD Website immediately without notice. TMD also reserves the right to pursue any remedy it deems appropriate under the circumstances if you are found to be in violation of this Section 9.
10. Intellectual Property Rights
Unless otherwise indicated, the TMD Website and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the TMD Website, including, without limitation, the TMD logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of TMD or its affiliates or licensors, and are protected by Canadian and international copyright laws and other intellectual property rights laws.
Trademark Depot, TrademarkDepot.ca, and other Trademark Depot graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks of TMD, and may not be copied, imitated, or used, in whole or in part, without TMD’s prior written consent. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by TMD.
TMD reserves the right to contact you from time to time for feedback regarding the Paid Services. TMD will also contact any User who files a complaint with TMD regarding a representative of TMD or the Services overall. Notices to Users will be deemed effective at the time they are sent by TMD or as of the date they are posted on the Website.
13. Maintenance and Support
TMD is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website you can report it to [email protected]
14. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the services of a third party contracted by TMD.
15. Limitation of Liability
15.1. To the fullest extent permissible by law, except for a breach of confidentiality, in no event will TMD be liable to the customer for any special, consequential, incidental or like damages, however caused and on any theory of liability, and whether or not such party knew or should have known of the possibility of such damage, including, without limitation, damages for loss of profits, loss of data, damage to personal property, business interruption or any other commercial or personal damages or losses, arising out of or related to your use or inability to use TMD properties, company services, website, or any TMD content, or from any communications, interactions or meetings with TMD or its representatives, or any other website user however caused. To the fullest extent permissible by law, TMD’s total liability to a user shall not under any circumstances exceed the total amount of the fees paid by the user to TMD.
15.2. Without limiting and in addition to the foregoing, neither TMD nor any of its affiliates or licensors, nor the respective officers, directors, licensors, employees or representatives of such parties (collectively, the “TMD Providers”) represent or warrant (i) that the services provided by TMD will meet your requirements or be accurate, complete, appropriate, reliable or error free; (II) that the TMD website, materials or services sold through the TMD website will always be available or will be uninterrupted, accessible, timely, responsive or secure.
16.1. You agree to indemnify, defend, release, and hold harmless TMD, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “TMD Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of TMD’s services, (c) any breach of these terms and conditions by you, and/or (d) your violation of any law or of any rights of any third party.
16.2. TMD reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TMD in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the terms and conditions, or your access to the TMD website.
17. Trademark Depot Name and Address
TMD’s contact information for any end-user questions, complaints or claims with respect to TMD’s Website is [email protected]
18.1. Unless otherwise stated, this website is only available within Canada, or in relation to postings from Canada. All advertising is intended solely for the Canadian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of TMD. TMD does not warrant that your access to the Website will be uninterrupted, timely or error free, although it is provided to the best ability.
18.2. TMD attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, TMD does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall TMD be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
19.1. The laws of Quebec and Canada govern these Term. By accessing the Website or using TMD’s Services you consent to these Terms and to the exclusive jurisdiction of the courts of Quebec for all disputes arising out of such access or use.
19.2. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
19.3. Failure of TMD to enforce any of the provisions set out in these Terms or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or any part thereof, or the right thereafter to enforce each and every provision.
19.4. This Terms of Service is not to be assignable except as may be contemplated hereunder but will ensure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
19.5. Notwithstanding any other provisions of this Terms of Service, you acknowledge and agree that TMD may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms of Service in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
19.6. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of TMD.
20. Notification of Changes
TMD reserves the right to change these Terms from time to time as it sees fit and the continued use of the Website or Services will signify the Customer’s acceptance of any adjustment to these Terms. If there are any changes in how TMD uses Customer’s information, notification by e-mail or postal mail will be made to those affected by this change. In the event of any changes to services confirmed in a Mandate Agreement, a notification will be provided to the Customer explaining the nature of the changes. You are therefore advised to re-read this statement on a regular basis.