Terms of Use

Freeman Harris - Terms of Business

The following is a statement of the terms under which Freeman Harris (the firm) has agreed to carry out legal work on your behalf (the Client). Please read them carefully. Any variation to these terms must be agreed in writing.

1a. How we obtained your instructions

TrademarkHub is a trading name of Freeman Harris Ltd.

We are very glad to have the opportunity to deal with your legal work. We confirm that we act for you alone and that we will provide you with independent legal advice. We will not disclose any information about your affairs to any third party unless you have consented to such a disclosure.

1b. The Service Provided

The firm will use its all reasonable endeavours to provide you with competent legal services in accordance with your instructions but will be assisted in its handling of the matter by quick response to any communications and by a full disclosure at the outset of any relevant matters affecting your case including important time limits. Our offices are open from 9am to 5pm Monday to Friday GMT. We will try to communicate with you using plain language but if there is something you do not understand please ask us to explain. In appropriate circumstances, we are happy to communicate with you by email if you prefer.

2. The limited Scope of Services which we have agreed to do for you

For Basic Supported and Professional packages, you retain us to prepare and file a trademark application based on the information given to us by you electronically through this form and to serve as an lawyer contact for future correspondence between the UKIPO or EUIPO and the Client. In the Professional trademark registration filing packages, the client retains the Firm to provide additional services including some of the following:

  • an initial email to the client that confirms the information electronically provided by Client
  • suggestions on how to emphasize what Client believes to be the trademarkable aspects of Client's name, logo, sound, and slogan written description submitted through TrademarkHub;
  • answers to your basic trademark law questions;
  • suggestions on how to use trademark search results;
  • suggestions on how to proceed to protect your business name, logo, sound, or slogan through trademark protection;
  • summary of consultation in email to you if you request it.

Therefore, and as examples only, EXCLUDED from the Limited Scope of Services under any of the Basic, Supported or Professional packages are:

  • assessment of common law rights by others that might preclude you from securing common law rights on registration;
  • responses to communications from government agencies;
  • responses to Cease and Desist challenges from parties disputing ownership;
  • responses to Opposition proceedings against your trademark;
  • review, analysis, and formal opinion of trademark search results;
  • appeals to the UK or EU court system;
  • assessment of originality of mark;
  • assessment of ownership;
  • assessment of likelihood of confusion challenges;
  • assessment of statutory and court-sanctioned bars to trademarkability;
  • infringement of trademarks owned by others.
  • Examination and assessment of any of your previously filed trademarks and any recommendations thereto.

The client may retain the Firm to provide all or some of the excluded services under a separate retention agreement.

3. Time scale for dealing with your case

It is difficult to be precise about how long your filing will take. It depends on a number of factors which include how quickly other parties respond, how quickly you respond to us..

4. Termination of provision of legal services by ourselves

Once we have agreed to act on your behalf, we will not cease to act for except for a good reason. Examples (although not a complete list) of when we might cease to act include a conflict of interest arising, a failure to keep in touch with us, failure to pay costs or monies on account of costs when reasonably requested, acting in an aggressive or unreasonable manner towards any member of our staff or a failure to give reasonable instructions making it difficult for us to continue to act in your best interests.

5. Evidence of Identity

The firm may ask you to provide evidence of your identity at the start of a case by production of your passport and a utility bill. If you have been asked to produce these and have not already done so please provide this evidence to us as soon as possible. If you do not possess a passport other photographic evidence may suffice.

6. Arranging Insurance

Freeman Harris are not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website at www.fsa.gov.uk/register.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society and Legal Complaints Service is the independent complaints handling body of the Law Society.

7. Your File of Papers

Papers built up on the firm's file belong to you but the firm has a right to hold on to your file and everything in it until such time as it has been paid in full for the legal services provided.

8. Details of the firms charges

For the Limited Scope of Services, and prior to the commencement of services, the client agrees to pay the Firm the charges described herein.

Furthermore the client expressly agrees that for Basic Supported and Professional packages, the Firms fees are earned once any one of the following conditions are met:

i) the Firm has conducted a preliminary review of the filing information submitted by Client.

ii) The Firm has sent correspondence to Client regarding any issues related to the preparation of Client's pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.

iii) Client utilises any of their allotted phone consultation time with the Firm.

iv) The Firm commences any of the limited scope of services outlined in Section 2.

For all services outside of the Limited Scope of Services above Charges will be dealt with by way of an hourly rate in the sum of £275 for Solicitor/Trade Mark Attorney and £200 for Trade Mark Assistant per hour with letters and telephone calls charged at £20 each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate and letters received charged at £10 each. All of these figures attract VAT at the standard rate of 20% if aplicable. Any disbursements incurred on your behalf will be charged in addition to this fee.

It is our usual policy that you will be required to pay costs on account of our anticipated fees and expenses.

9. Financial Services and Investments

If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Services Agency, as we are not. However, as we are regulated by the Solicitors Regulation Authority (SRA), we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.

If you have any problem with the service we have provided for you then please let us know and we will use our internal complaints procedures to try and resolve the problem. If the problem cannot be resolved then the SRA also provides a complaints and redress scheme.

10. Payments on account
(a) Disbursements

The firm may well have to incur expenses on your behalf (disbursements) for example search fees, court fees, medical reports etc. You will normally be asked to provide payment for these before the firm incurs them. The best estimate of the disbursements in this case will be calculated by our fee calculator when you instruct us.

(b) Legal Fees

The firm will normally require payments on account in respect of legal fees. This minimises financial problems in our relationship and helps you pay for legal fees as you go along rather than have one big bill at the end. The firm will usually render interim accounts for work to date inclusive of V.A.T. The firm is also happy to accept regular standing orders in respect of fees and if you do want to pay in this way we will put you in touch with our cash office to make the arrangement with our bank. If payment of fees is not made within a reasonable time upon request, then the firm reserves the right to cease to act on your behalf upon reasonable notice.

11. Transfer of Funds from Client Account to Office Account

Any monies that you pay to the firm on account of costs or disbursements will be paid into client account and held to your order. The same will apply to any monies received from third parties, e.g. from the realisation or sale of property. From time to time however, after incurring a disbursement or rendering an interim or final account of charges, the firm has the right to transfer from client account to our office account such monies that we are holding on your behalf as are necessary to recoup sums due to us. This can include any interest we have credited to your account. If we are dealing with several matters on your behalf then we will be entitled to also transfer monies between different matters.

12. Interest on Money Held in Client Account.

The firm's client account earns interest. The money that is held on your behalf will accrue gross interest at the appropriate rate (which depends on the amount you have deposited) depending on interest rates appertaining generally. The firm will account to you in lieu of interest if the amount accrued is more than £20.00. The onus is on you to account to the Inland Revenue for any tax due in relation to that sum of money and you should declare it on your next tax return. Any other interest accruing in relation to monies deposited by you with the firm shall belong to the firm.

13. Payment Terms.

Upon rendering an account for which prepayment has not been made in full, any balance is due to the firm within 30 days. After such period has elapsed, interest may be charged at the sole discretion of the firm at the rate of 4% above the base lending rate of the HSBC Bank from time to time in force. Furthermore, if you are late in making payment you can expect to receive regular statements from the firm outlining the balance due until it is paid. The firm have a policy of enforcing (if you default) payment of costs if necessary through court proceedings although this action will only be taken as a last resort.

14. Legal Expenses Insurance

Legal expenses insurance is sometimes provided with a household insurance policy. You should check to see if you are covered for this work. If you do not tell us that you have such insurance, then we shall assume (and be entitled to conclude) that you have not such policy.

15. Work Undertaken on Behalf of a Limited Company

Unless otherwise specifically agreed in writing, the directors of a company for whom the firm has agreed to carry out work will be jointly and severally liable to guarantee the payment of charges for that work to the firm. It is on that basis alone that the firm has agreed to proceed with the work.

16. Complaints

In the unlikely event that you are not satisfied with the service the firm is providing or the amount of your bill, please contact the fee earner and tell them what is wrong. If matters are not rectified, then contact the named supervisor above. If you are still not satisfied, please contact our client care partner Ian Freeman at 6 Sutton Street London E1 0BB either by phone on 0044 207 790 7311 or by e mail at ian@freemanharris.co.uk. He will provide you with a copy of our full complaints procedure. If at the end of our investigation you are still not satisfied (and this could also apply to the amount of a bill) then it is possible for you to contact the Legal Ombudsman (Telephone: 0300 555 0333) or by email to enquiries@legalombudsman.org.uk and he will do all he can to try and resolve your complaint to your satisfaction.

17. Completion of the Case

At the completion of the case, you are welcome to take any or all of your papers to which you are entitled once our bill has been paid. Any remaining papers will be stored in electronic format only and kept for a minimum of six years after which the firm reserves the right to destroy them without further reference to you. If you do require any papers, you should take them immediately after the termination of the case. Documents such as current house deeds, Wills and Lasting Powers of Attorney will of course not be destroyed. If papers have to be retrieved from storage at a later date, we may at our discretion charge a reasonable fee for the expenses incurred by the firm in this regard.

18. Original Deeds and Documents

Any original deeds, wills or other important documents can be stored for you by the firm and we will do our best to ensure they are kept in safe conditions. The firm will not usually charge for this service but we reserve the right to make a charge but only after giving you written notice.

19. File Scrutiny by Third Parties and Outsourcing

Your file of papers may be scrutinised by an outside body such as our accountants Legal Services Commission or accreditation bodies for audit and quality control purposes.

20. Data Protection

We use the information that you provide primarily for the provision of legal services to you, and for related purposes including updating records, analysis for management purposes, statutory returns and regulatory compliance. The information can be held by us on computer and/or paper files and records, and may be transferred internally. Our use of the information is subject to your instructions, the Data Protection Act 1998, and our duty of confidentiality. Our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access to the personal data that we hold for you, and please inform us in writing if you wish to have access to any such information.

We may from time to time send you information that we think may be of use to you, but if you do not wish to receive such information, please inform us in writing.

All information submitted to the UKIPO or EUIPO at any point in the application and/or registration process may become public record, which may include the ownership name, phone number, email address, or street address. By authorising the Firm to file the application, any response, or submission to the UKIPO or EUIPO, Client acknowledges that CLIENT HAS NO RIGHT TO CONFIDENTIATILTY in the information submitted to the UKIPO or EUIPO. The public may be able to view this information in the UKIPO or EUIPO’s on-line database and through internet search engines and other on-line databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, cancelled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, TrademarkHub and the UKIPO or EUIPO permission to make the information public in its on-line database and in copies of the application or registration record.

21. Money Laundering

As your solicitors we have a general duty to keep all matters disclosed to us by yourself confidential. However this does not apply to any attempt to launder through our client account the proceeds of a criminal act e.g. money or assets gained through tax evasion, drug trafficking or indeed any other criminal activity.

If the firm has a reasonable suspicion that it is being used for this purpose, it is bound by law to make a report to the Serious Organised Crime Agency and this report will NOT be notified to you.

22. Distance Selling

If we have not met you, the provision of the Consumer Protection (Distance Selling) Regulations 2000 apply, entitling you to cancel your instructions to this firm (by letter or fax) within seven working days of receiving this letter. Once we have started the work, you may be charged if you then cancel the instructions. If you return these Terms of Business, duly signed, then this would amount to your authority to proceed with this matter.

23. Payments in cash to the firm

The firm does not normally accept payments in cash in excess of £500.00.

24. No Guarantee

a. The Firm has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.

b. the client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, the Firm cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, trade mark likelihood of challenges by other parties and/or the client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

c. Client understands that the Firm is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.

Freeman Harris - Basic Package Terms of Business

The following is a statement of the terms under which Freeman Harris (the firm) has agreed to carry out legal work on your behalf (the Client). Please read them carefully. Any variation to these terms must be agreed in writing.

1a. How we obtained your instructions

TrademarkHub is a trading name of Freeman Harris Ltd.

We are very glad to have the opportunity to deal with your legal work. We confirm that we act for you alone and that we will provide you with independent legal advice. We will not disclose any information about your affairs to any third party unless you have consented to such a disclosure.

1b. The Service Provided

The firm will use all its reasonable endeavours to provide you with competent legal services in accordance with your instructions but will be assisted in its handling of the matter by quick response to any communications and by a full disclosure at the outset of any relevant matters affecting your case including important time limits. Our offices are open from 9am to 5pm Monday to Friday GMT. We will try to communicate with you using plain language but if there is something you do not understand please ask us to explain. In appropriate circumstances, we are happy to communicate with you by email if you prefer.

2. The limited Scope of Services which we have agreed to do for you in our Basic Package is detailed hereinafter
  • Filing of trade mark application according to the list of goods and services provided to us by the client.
  • Express trade mark search against the records of EUIPO and the UKIPO only in connection with identical earlier trade marks covering identical or similar goods and services including advice regarding obvious absolute grounds for refusal for descriptive or deceptive trade marks.
  • Monitoring throughout prosecution up to and including registration of trade mark applications.

Therefore, and as examples only, EXCLUDED from the Limited Scope of Services under any of the Basic, Supported or Professional packages are:

  • assessment of common law rights by others that might preclude you from securing common law rights on registration;
  • responses to serious objections raised by Intellectual Property Authorities or government IP Agency;
  • responses to Cease and Desist challenges from parties disputing ownership;
  • responses to Opposition proceedings against your trademark;
  • review, analysis, and formal opinion of trademark search results;
  • appeals to the UK or EU court system;
  • assessment of originality of mark;
  • assessment of ownership;
  • assessment of likelihood of confusion challenges;
  • assessment of statutory and court-sanctioned bars to trademarkability;
  • infringement of trademarks owned by others.
  • Examination and assessment of any of your previously filed trademarks and any recommendations thereto.

The client may retain the Firm to provide all or some of the excluded services under a separate retention agreement.

3. Freeman Harris Ltd is exempt from any liability under any of the Basic, Supported or Professional packages from infringement action initiated against the use of your trade mark registration. We are also exempt from liability under any of our packages regarding the respective searches of:
  • Any common law rights or Intellectual Property Rights other than registered trade marks held by third parties that might preclude you from securing registration of your proposed trade mark.
  • The accuracy and/or updating delay on the records of any Intellectual Property Authority or Government IP Agency.
  • Any later trade mark filing which priority claim it makes to this later trade mark application to take precedent to your trade mark application.
4. Time scale for dealing with your case

It is difficult to be precise about how long your filing will take. It depends on a number of factors which include how quickly other parties respond, how quickly you respond to us and whether some resolution procedure is required via a court or tribunal. At this stage our best estimate for dealing with your case is about 6 months from the date of filing. It will obviously depend on the time needed by the government agency to proceed with your application and whether any opposition is filed against your application or not.

5. Termination of provision of legal services by ourselves

Once we have agreed to act on your behalf, we will not cease to act for you unless there is good reason. Examples (although not a complete list) of when we might cease to act include a conflict of interest arising, a failure to keep in touch with us, failure to pay costs or monies on account of costs when reasonably requested, acting in an aggressive or unreasonable manner towards any member of our staff or a failure to give reasonable instructions making it difficult for us to continue to act in your best interests.

6. Evidence of Identity

The firm may ask you to provide evidence of your identity at the start of a case by production of your current passport and a utility bill no older than three months old. If you have been asked to produce these and have not already done so please provide this evidence to us as soon as possible. If you do not possess a passport other photographic evidence may suffice, for example a photo driving licence.

7. Arranging Insurance

Freeman Harris are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fsa.gov.uk/register.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society.

8. Your File of Papers

Papers built up on the firm's file belong to you but the firm has a right to hold on to your file and everything in it until such time as it has been paid in full for the legal services provided.

9. Details of the firms charges

For the Limited Scope of Services, and prior to the commencement of services, the client agrees to pay the Firm the charges described herein.

Furthermore the client expressly agrees that for Basic Supported and Professional packages, the Firms fees are earned once any one of the following conditions are met:

i) the Firm has conducted a preliminary review of the filing information submitted by Client.

ii) The Firm has sent correspondence to the Client regarding any issues related to the preparation of the Client's pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.

iii) Client utilises any of their allotted phone consultation time with the Firm.

iv) The Firm commences any of the limited scope of services outlined in Section 2.

For all services outside of the Limited Scope of Services above Charges will be dealt with by way of an hourly rate in the sum of £275 for Solicitor/Trade Mark Attorney and £200 for Trade Mark Assistant per hour with letters and telephone calls charged at £20 each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate and letters received charged at £10 each. If you are based in the EU, all of these figures attract VAT at the standard rate of 20% if aplicable. Any disbursements incurred on your behalf will be charged in addition to this fee.

It is our usual policy that you will be required to pay costs on account of our anticipated fees and expenses.

10. Financial Services and Investments

If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not. However, as we are regulated by the Solicitors Regulation Authority (SRA), we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.

If you have any problem with the service we have provided for you then please let us know and we will use our internal complaints procedures to try and resolve the problem. If the problem cannot be resolved then the SRA also provides a complaints and redress scheme.

11. Payments on account
(a) Disbursements

The firm may well have to incur expenses on your behalf (disbursements) for example search fees, court fees, expert reports, postage fees etc. You will normally be asked to provide payment for these before the firm incurs them. The best estimate of the disbursements in this case will be calculated by our fee calculator when you instruct us.

(b) Legal Fees

The firm will normally require payments on account in respect of legal fees. This minimises financial problems in our relationship and helps you pay for legal fees as you go along rather than have one big bill at the end. The firm will usually render interim accounts for work to date inclusive of V.A.T. The firm is also happy to accept regular standing orders in respect of fees and if you do want to pay in this way we will put you in touch with our cash office to make the arrangement with our bank. If payment of fees is not made within a reasonable time upon request, then the firm reserves the right to cease to act on your behalf upon reasonable notice.

12. Transfer of Funds from Client Account to Office Account

Any monies that you pay to the firm on account of costs or disbursements will be paid into client account and held to your order. The same will apply to any monies received from third parties, e.g. from the realisation or sale of property. From time to time however, after incurring a disbursement or rendering an interim or final account of charges, the firm has the right to transfer from client account to our office account such monies that we are holding on your behalf as are necessary to recoup sums due to us. This can include any interest we have credited to your account. If we are dealing with several matters on your behalf then we will be entitled to also transfer monies between different matters.

13. Interest on Money Held in Client Account.

The firm's client account earns interest. The money that is held on your behalf will accrue gross interest at the appropriate rate (which depends on the amount you have deposited) depending on interest rates appertaining generally. The firm will account to you in lieu of interest if the amount accrued is more than £20.00. The onus is on you to account to the Inland Revenue for any tax due in relation to that sum of money and you should declare it on your next tax return. Any other interest accruing in relation to monies deposited by you with the firm shall belong to the firm.

14. Payment Terms.

Upon rendering an account for which prepayment has not been made in full, any balance is due to the firm within 30 days. After such period has elapsed, interest may be charged at the sole discretion of the firm at the rate of 4% above the base lending rate of the HSBC Bank from time to time in force. Furthermore, if you are late in making payment you can expect to receive regular statements from the firm outlining the balance due until it is paid. The firm have a policy of enforcing (if you default) payment of costs if necessary through court proceedings although this action will only be taken as a last resort.

15. Legal Expenses Insurance

Legal expenses insurance is sometimes provided with a household insurance policy. You should check to see if you are covered for this work. If you do not tell us that you have such insurance, then we shall assume (and be entitled to conclude) that you have not such policy.

16. Work Undertaken on Behalf of a Limited Company

Unless otherwise specifically agreed in writing, the directors of a company for whom the firm has agreed to carry out work will be jointly and severally liable to guarantee the payment of charges for that work to the firm. It is on that basis alone that the firm has agreed to proceed with the work.

17. Complaints

In the unlikely event that you are not satisfied with the service the firm is providing or the amount of your bill, please contact the fee earner and tell them what is wrong. If matters are not rectified, then contact the named supervisor above. If you are still not satisfied, please contact our client care partner Ian Freeman at 6 Sutton Street London E1 0BB either by phone on 0044 207 790 7311 or by e mail at ian@freemanharris.co.uk. He will provide you with a copy of our full complaints procedure. If at the end of our investigation you are still not satisfied (and this could also apply to the amount of a bill) then it is possible for you to contact the Legal Ombudsman (Telephone: 0300 555 0333) or by email to enquiries@legalombudsman.org.uk and he will do all he can to try and resolve your complaint to your satisfaction.

18. Completion of the Case

At the completion of the case, you are welcome to take any or all of your papers to which you are entitled once our bill has been paid. Any remaining papers will be stored in electronic format only and kept for a minimum of six years after which the firm reserves the right to destroy them without further reference to you. If you do require any papers, you should take them immediately after the termination of the case. Documents such as current house deeds, Wills and Lasting Powers of Attorney will of course not be destroyed. If papers have to be retrieved from storage at a later date, we may at our discretion charge a reasonable fee for the expenses incurred by the firm in this regard.

19. Original Deeds and Documents

Any original deeds, wills or other important documents can be stored for you by the firm and we will do our best to ensure they are kept in safe conditions. The firm will not usually charge for this service but we reserve the right to make a charge but only after giving you written notice.

20. File Scrutiny by Third Parties and Outsourcing

Your file of papers may be scrutinised by an outside body such as our accountants, Legal Aid Agency or accreditation bodies for audit and quality control purposes.

21. Data Protection

We use the information that you provide primarily for the provision of legal services to you, and for related purposes including updating records, analysis for management purposes, statutory returns and regulatory compliance. The information can be held by us on computer and/or paper files and records, and may be transferred internally. Our use of the information is subject to your instructions, the Data Protection Act 1998, and our duty of confidentiality. Our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access to the personal data that we hold for you, and please inform us in writing if you wish to have access to any such information.

We may from time to time send you information that we think may be of use to you, but if you do not wish to receive such information, please inform us in writing.

All information submitted to the Intellectual Property Authority or Government IP Agency at any point in the application and/or registration process may become public record, which may include the ownership name, phone number, email address, or street address. By authorising the Firm to file the application, any response, or submission to the Intellectual Property Authority or Government IP Agency, the Client acknowledges that the CLIENT HAS NO RIGHT TO CONFIDENTIATILTY in the information submitted to the Intellectual Property Authority or Government IP Agency. The public may be able to view this information in the Intellectual Property Authority or Government IP Agency’s on-line database and through internet search engines and other on-line databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, cancelled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, TrademarkHub and the Intellectual Property Authority or Government IP Agency permission to make the information public in its on-line database and in copies of the application or registration record.

22. Money Laundering

As your solicitors we have a general duty to keep all matters disclosed to us by yourself confidential. However this does not apply to any attempt to launder through our client account the proceeds of a criminal act e.g. money or assets gained through tax evasion, drug trafficking or indeed any other criminal activity.

If the firm has a reasonable suspicion that it is being used for this purpose, it is bound by law to make a report to the National Crime Agency and this report will NOT be notified to you.

23. Distance Selling

If we have not met you, the provision of the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, entitling you to cancel your instructions to this firm (by letter or fax) within 14 working days of receiving this letter. Once we have started the work with your agreement, you may be charged if you then cancel the instructions, even if this is within the first 14 working days. If you return these Terms of Business, duly signed, then this would amount to your authority to proceed with this matter.

24. Payments in cash to the firm

The firm does not normally accept payments in cash in excess of £500.00.

25. No Guarantee

a. The Firm has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.

b. the client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, the Firm cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, trade mark likelihood of challenges by other parties and/or the client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

c. Client understands that the Firm is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.

Freeman Harris - Supported Package Terms of Business

The following is a statement of the terms under which Freeman Harris (the firm) has agreed to carry out legal work on your behalf (the Client). Please read them carefully. Any variation to these terms must be agreed in writing.

1a. How we obtained your instructions

TrademarkHub is a trading name of Freeman Harris Ltd.

We are very glad to have the opportunity to deal with your legal work. We confirm that we act for you alone and that we will provide you with independent legal advice. We will not disclose any information about your affairs to any third party unless you have consented to such a disclosure.

1b. The Service Provided

The firm will use all its reasonable endeavours to provide you with competent legal services in accordance with your instructions but will be assisted in its handling of the matter by quick response to any communications and by a full disclosure at the outset of any relevant matters affecting your case including important time limits. Our offices are open from 9am to 5pm Monday to Friday GMT. We will try to communicate with you using plain language but if there is something you do not understand please ask us to explain. In appropriate circumstances, we are happy to communicate with you by email if you prefer.

2. The limited Scope of Services which we have agreed to do for you in our Supported Package is detailed hereinafter
  • Wording of list of goods and services to include in trade mark application.
  • Express trade mark search against the records of EUIPO and the UKIPO only in connection with identical earlier trade marks covering identical or similar goods and services including advice regarding obvious absolute grounds for refusal for descriptive or deceptive trade marks.
  • Filing of trade mark application.
  • Monitoring throughout prosecution up to and including registration of trade mark applications.

Therefore, and as examples only, EXCLUDED from the Limited Scope of Services under any of the Basic, Supported or Professional packages are:

  • assessment of common law rights by others that might preclude you from securing common law rights on registration;
  • responses to serious objections raised by Intellectual Property Authorities or government IP Agency;
  • responses to Cease and Desist challenges from parties disputing ownership;
  • responses to Opposition proceedings against your trademark;
  • review, analysis, and formal opinion of trademark search results;
  • appeals to the UK or EU court system;
  • assessment of originality of mark;
  • assessment of ownership;
  • assessment of likelihood of confusion challenges;
  • assessment of statutory and court-sanctioned bars to trademarkability;
  • infringement of trademarks owned by others.
  • Examination and assessment of any of your previously filed trademarks and any recommendations thereto.

The client may retain the Firm to provide all or some of the excluded services under a separate retention agreement.

3. Freeman Harris Ltd is exempt from any liability under any of the Basic, Supported or Professional packages from infringement action initiated against the use of your trade mark registration. We are also exempt from liability under any of our packages regarding the respective searches of:

Any common law rights or Intellectual Property Rights other than registered trade marks held by third parties that might preclude you from securing registration of your proposed trade mark.

The accuracy and/or updating delay on the records of any Intellectual Property Authority or Government IP Agency.

Any later trade mark filing which priority claim it makes to this later trade mark application to take precedent to your trade mark application.

4. Time scale for dealing with your case

It is difficult to be precise about how long your filing will take. It depends on a number of factors which include how quickly other parties respond, how quickly you respond to us and whether some resolution procedure is required via a court or tribunal. At this stage our best estimate for dealing with your case is about 6 months from the date of filing. It will obviously depend on the time needed by the government agency to proceed with your application and whether any opposition is filed against your application or not.

5. Termination of provision of legal services by ourselves

Once we have agreed to act on your behalf, we will not cease to act for you unless there is good reason. Examples (although not a complete list) of when we might cease to act include a conflict of interest arising, a failure to keep in touch with us, failure to pay costs or monies on account of costs when reasonably requested, acting in an aggressive or unreasonable manner towards any member of our staff or a failure to give reasonable instructions making it difficult for us to continue to act in your best interests.

6. Evidence of Identity

The firm may ask you to provide evidence of your identity at the start of a case by production of your current passport and a utility bill no older than three months old. If you have been asked to produce these and have not already done so please provide this evidence to us as soon as possible. If you do not possess a passport other photographic evidence may suffice, for example a photo driving license.

7. Arranging Insurance

Freeman Harris are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fsa.gov.uk/register.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society.

8. Your File of Papers

Papers built up on the firm's file belong to you but the firm has a right to hold on to your file and everything in it until such time as it has been paid in full for the legal services provided.

9. Details of the firms charges

For the Limited Scope of Services, and prior to the commencement of services, the client agrees to pay the Firm the charges described herein.

Furthermore the client expressly agrees that for Basic Supported and Professional packages, the Firms fees are earned once any one of the following conditions are met:

i) the Firm has conducted a preliminary review of the filing information submitted by Client.

ii) The Firm has sent correspondence to the Client regarding any issues related to the preparation of the Client's pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.

iii) Client utilises any of their allotted phone consultation time with the Firm.

iv) The Firm commences any of the limited scope of services outlined in Section 2.

For all services outside of the Limited Scope of Services above Charges will be dealt with by way of an hourly rate in the sum of £275 for Solicitor/Trade Mark Attorney and £200 for Trade Mark Assistant per hour with letters and telephone calls charged at £20 each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate and letters received charged at £10 each. If you are based in the EU, all of these figures attract VAT at the standard rate of 20%if applicable. Any disbursements incurred on your behalf will be charged in addition to this fee.

It is our usual policy that you will be required to pay costs on account of our anticipated fees and expenses.

10. Financial Services and Investments

If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not. However, as we are regulated by the Solicitors Regulation Authority (SRA), we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.

If you have any problem with the service we have provided for you then please let us know and we will use our internal complaints procedures to try and resolve the problem. If the problem cannot be resolved then the SRA also provides a complaints and redress scheme.

11. Payments on account
(a) Disbursements

The firm may well have to incur expenses on your behalf (disbursements) for example search fees, court fees, expert reports, postage fees etc. You will normally be asked to provide payment for these before the firm incurs them. The best estimate of the disbursements in this case will be calculated by our fee calculator when you instruct us.

(b) Legal Fees

The firm will normally require payments on account in respect of legal fees. This minimises financial problems in our relationship and helps you pay for legal fees as you go along rather than have one big bill at the end. The firm will usually render interim accounts for work to date inclusive of V.A.T. The firm is also happy to accept regular standing orders in respect of fees and if you do want to pay in this way we will put you in touch with our cash office to make the arrangement with our bank. If payment of fees is not made within a reasonable time upon request, then the firm reserves the right to cease to act on your behalf upon reasonable notice.

12. Transfer of Funds from Client Account to Office Account

Any monies that you pay to the firm on account of costs or disbursements will be paid into client account and held to your order. The same will apply to any monies received from third parties, e.g. from the realisation or sale of property. From time to time however, after incurring a disbursement or rendering an interim or final account of charges, the firm has the right to transfer from client account to our office account such monies that we are holding on your behalf as are necessary to recoup sums due to us. This can include any interest we have credited to your account. If we are dealing with several matters on your behalf then we will be entitled to also transfer monies between different matters.

13. Interest on Money Held in Client Account.

The firm's client account earns interest. The money that is held on your behalf will accrue gross interest at the appropriate rate (which depends on the amount you have deposited) depending on interest rates appertaining generally. The firm will account to you in lieu of interest if the amount accrued is more than £20.00. The onus is on you to account to the Inland Revenue for any tax due in relation to that sum of money and you should declare it on your next tax return. Any other interest accruing in relation to monies deposited by you with the firm shall belong to the firm.

14. Payment Terms.

Upon rendering an account for which prepayment has not been made in full, any balance is due to the firm within 30 days. After such period has elapsed, interest may be charged at the sole discretion of the firm at the rate of 4% above the base lending rate of the HSBC Bank from time to time in force. Furthermore, if you are late in making payment you can expect to receive regular statements from the firm outlining the balance due until it is paid. The firm have a policy of enforcing (if you default) payment of costs if necessary through court proceedings although this action will only be taken as a last resort.

15. Legal Expenses Insurance

Legal expenses insurance is sometimes provided with a household insurance policy. You should check to see if you are covered for this work. If you do not tell us that you have such insurance, then we shall assume (and be entitled to conclude) that you have not such policy.

16. Work Undertaken on Behalf of a Limited Company

Unless otherwise specifically agreed in writing, the directors of a company for whom the firm has agreed to carry out work will be jointly and severally liable to guarantee the payment of charges for that work to the firm. It is on that basis alone that the firm has agreed to proceed with the work.

17. Complaints

In the unlikely event that you are not satisfied with the service the firm is providing or the amount of your bill, please contact the fee earner and tell them what is wrong. If matters are not rectified, then contact the named supervisor above. If you are still not satisfied, please contact our client care partner Ian Freeman at 6 Sutton Street London E1 0BB either by phone on 0044 207 790 7311 or by e mail at ian@freemanharris.co.uk. He will provide you with a copy of our full complaints procedure. If at the end of our investigation you are still not satisfied (and this could also apply to the amount of a bill) then it is possible for you to contact the Legal Ombudsman (Telephone: 0300 555 0333) or by email to enquiries@legalombudsman.org.uk and he will do all he can to try and resolve your complaint to your satisfaction.

18. Completion of the Case

At the completion of the case, you are welcome to take any or all of your papers to which you are entitled once our bill has been paid. Any remaining papers will be stored in electronic format only and kept for a minimum of six years after which the firm reserves the right to destroy them without further reference to you. If you do require any papers, you should take them immediately after the termination of the case. Documents such as current house deeds, Wills and Lasting Powers of Attorney will of course not be destroyed. If papers have to be retrieved from storage at a later date, we may at our discretion charge a reasonable fee for the expenses incurred by the firm in this regard.

19. Original Deeds and Documents

Any original deeds, wills or other important documents can be stored for you by the firm and we will do our best to ensure they are kept in safe conditions. The firm will not usually charge for this service but we reserve the right to make a charge but only after giving you written notice.

20. File Scrutiny by Third Parties and Outsourcing

Your file of papers may be scrutinised by an outside body such as our accountants Legal Aid Agency or accreditation bodies for audit and quality control purposes.

21. Data Protection

We use the information that you provide primarily for the provision of legal services to you, and for related purposes including updating records, analysis for management purposes, statutory returns and regulatory compliance. The information can be held by us on computer and/or paper files and records, and may be transferred internally. Our use of the information is subject to your instructions, the Data Protection Act 1998, and our duty of confidentiality. Our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access to the personal data that we hold for you, and please inform us in writing if you wish to have access to any such information.

We may from time to time send you information that we think may be of use to you, but if you do not wish to receive such information, please inform us in writing.

All information submitted to the Intellectual Property Authority or Government IP Agency at any point in the application and/or registration process may become public record, which may include the ownership name, phone number, email address, or street address. By authorising the Firm to file the application, any response, or submission to the Intellectual Property Authority or Government IP Agency, Client acknowledges that CLIENT HAS NO RIGHT TO CONFIDENTIATILTY in the information submitted to the Intellectual Property Authority or Government IP Agency. The public may be able to view this information in the Intellectual Property Authority or Government IP Agency’s on-line database and through internet search engines and other on-line databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, cancelled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, TrademarkHub and the Intellectual Property Authority or Government IP Agency permission to make the information public in its on-line database and in copies of the application or registration record.

22. Money Laundering

As your solicitors we have a general duty to keep all matters disclosed to us by yourself confidential. However this does not apply to any attempt to launder through our client account the proceeds of a criminal act e.g. money or assets gained through tax evasion, drug trafficking or indeed any other criminal activity.

If the firm has a reasonable suspicion that it is being used for this purpose, it is bound by law to make a report to the National Crime Agency and this report will NOT be notified to you.

23. Distance Selling

If we have not met you, the provision of the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, entitling you to cancel your instructions to this firm (by letter or fax) within 14 working days of receiving this letter. Once we have started the work with your agreement, you may be charged if you then cancel the instructions even if this is within the first 14 working days. If you return these Terms of Business, duly signed, then this would amount to your authority to proceed with this matter.

24. Payments in cash to the firm

The firm does not normally accept payments in cash in excess of £500.00.

25. No Guarantee

a. The Firm has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.

b. the client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, the Firm cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, trade mark likelihood of challenges by other parties and/or the client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

c. Client understands that the Firm is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.

Freeman Harris - Professional Package Terms of Business

The following is a statement of the terms under which Freeman Harris (the firm) has agreed to carry out legal work on your behalf (the Client). Please read them carefully. Any variation to these terms must be agreed in writing.

1a. How we obtained your instructions

TrademarkHub is a trading name of Freeman Harris Ltd.

We are very glad to have the opportunity to deal with your legal work. We confirm that we act for you alone and that we will provide you with independent legal advice. We will not disclose any information about your affairs to any third party unless you have consented to such a disclosure.

1b. The Service Provided

The firm will use all its reasonable endeavours to provide you with competent legal services in accordance with your instructions but will be assisted in its handling of the matter by quick response to any communications and by a full disclosure at the outset of any relevant matters affecting your case including important time limits. Our offices are open from 9am to 5pm Monday to Friday GMT. We will try to communicate with you using plain language but if there is something you do not understand please ask us to explain. In appropriate circumstances, we are happy to communicate with you by email if you prefer.

2. The limited Scope of Services which we have agreed to do for you in our Professional Package is detailed hereinafter

Portfolio review if requested by Client.

Dedicated Trade Mark Attorney or Solicitor.

Drafting the specification of goods and services of trade mark application.

Express identical only searches of the EUIPO and the UKIPO Registers.

Advice on registrability of the trade mark.

Claiming priority from an earlier foreign application (if requirements are satisfied).

Filing of trade mark application.

Monitoring throughout the prosecution process up to and including registration.

Therefore, and as way of examples only, EXCLUDED from the Limited Scope of Services under our Professional package are:

  • assessment of common law rights by others that might preclude you from securing common law rights on registration;
  • responses to serious objections raised by Intellectual Property Authorities or government IP Agency;
  • responses to Cease and Desist challenges from parties disputing ownership;
  • responses to Opposition proceedings against your trademark;
  • appeals to the UK or EU court system;
  • assessment of ownership;
  • assessment of statutory and court-sanctioned bars to trademarkability;
  • infringement of trademarks owned by others.
  • Examination and assessment of any of your previously filed trademarks and any recommendations thereto.

The client may retain the Firm to provide all or some of the excluded services under a separate retention agreement.

3. Freeman Harris Ltd is exempt from any liability under any of the Basic, Supported or Professional packages from infringement action initiated against the use of your trade mark registration. We are also exempt from liability under any of our packages regarding the respective searches of:
  • Any common law rights or Intellectual Property Rights other than registered trade marks held by third parties that might preclude you from securing registration of your proposed trade mark.
  • The accuracy and/or updating delay on the records of any Intellectual Property Authority or Government IP Agency.
  • Any later trade mark filing which priority claim it makes to this later trade mark application to take precedent to your trade mark application.
4. Time scale for dealing with your case

It is difficult to be precise about how long your filing will take. It depends on a number of factors which include how quickly other parties respond, how quickly you respond to us and whether some resolution procedure is required via a court or tribunal. At this stage our best estimate for dealing with your case is about 6 months from the date of filing. It will obviously depend on the time needed by the government agency to proceed with your application and whether any opposition is filed against your application or not.

5. Termination of provision of legal services by ourselves

Once we have agreed to act on your behalf, we will not cease to act for you unless there is good reason. Examples (although not a complete list) of when we might cease to act include a conflict of interest arising, a failure to keep in touch with us, failure to pay costs or monies on account of costs when reasonably requested, acting in an aggressive or unreasonable manner towards any member of our staff or a failure to give reasonable instructions making it difficult for us to continue to act in your best interests.

6. Evidence of Identity

The firm may ask you to provide evidence of your identity at the start of a case by production of your current passport and a utility bill no older than three months old. If you have been asked to produce these and have not already done so please provide this evidence to us as soon as possible. If you do not possess a passport other photographic evidence may suffice, for example a photo driving licence.

7. Arranging Insurance

Freeman Harris are not authorised by the Financial Conduct Authority. However, we are included on the register maintained by the Financial Conduct Authority so that we can carry on insurance mediation activity, which is broadly the advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Conduct Authority website at www.fsa.gov.uk/register.

The Law Society is a designated professional body for the purposes of the Financial Services and Markets Act 2000, but responsibility for regulation and complaints handling has been separated from the Law Society’s representative functions. The Solicitors Regulation Authority is the independent regulatory body of the Law Society.

8. Your File of Papers

Papers built up on the firm's file belong to you but the firm has a right to hold on to your file and everything in it until such time as it has been paid in full for the legal services provided.

9. Details of the firms charges

For the Limited Scope of Services, and prior to the commencement of services, the client agrees to pay the Firm the charges described herein.

Furthermore the client expressly agrees that for Basic Supported and Professional packages, the Firms fees are earned once any one of the following conditions are met:

i) the Firm has conducted a preliminary review of the filing information submitted by Client.

ii) The Firm has sent correspondence to the Client regarding any issues related to the preparation of the Client's pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.

iii) Client utilises any of their allotted phone consultation time with the Firm.

iv) The Firm commences any of the limited scope of services outlined in Section 2.

For all services outside of the Limited Scope of Services above Charges will be dealt with by way of an hourly rate in the sum of £275 for Solicitor/Trade Mark Attorney and £200 for Trade Mark Assistant per hour with letters and telephone calls charged at £20 each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate and letters received charged at £10 each. If you are based in the EU, all of these figures attract VAT at the standard rate of 20% if aplicable. Any disbursements incurred on your behalf will be charged in addition to this fee.

It is our usual policy that you will be required to pay costs on account of our anticipated fees and expenses.

10. Financial Services and Investments

If during this transaction you need advice on investments, we may have to refer you to someone who is authorised by the Financial Conduct Authority, as we are not. However, as we are regulated by the Solicitors Regulation Authority (SRA), we may be able to provide certain limited investment services where these are closely linked to the legal work we are doing for you.

If you have any problem with the service we have provided for you then please let us know and we will use our internal complaints procedures to try and resolve the problem. If the problem cannot be resolved then the SRA also provides a complaints and redress scheme.

11. Payments on account
(a) Disbursements

The firm may well have to incur expenses on your behalf (disbursements) for example search fees, court fees, expert reports, postage fees etc. You will normally be asked to provide payment for these before the firm incurs them. The best estimate of the disbursements in this case will be calculated by our fee calculator when you instruct us.

(b) Legal Fees

The firm will normally require payments on account in respect of legal fees. This minimises financial problems in our relationship and helps you pay for legal fees as you go along rather than have one big bill at the end. The firm will usually render interim accounts for work to date inclusive of V.A.T. The firm is also happy to accept regular standing orders in respect of fees and if you do want to pay in this way we will put you in touch with our cash office to make the arrangement with our bank. If payment of fees is not made within a reasonable time upon request, then the firm reserves the right to cease to act on your behalf upon reasonable notice.

12. Transfer of Funds from Client Account to Office Account

Any monies that you pay to the firm on account of costs or disbursements will be paid into client account and held to your order. The same will apply to any monies received from third parties, e.g. from the realisation or sale of property. From time to time however, after incurring a disbursement or rendering an interim or final account of charges, the firm has the right to transfer from client account to our office account such monies that we are holding on your behalf as are necessary to recoup sums due to us. This can include any interest we have credited to your account. If we are dealing with several matters on your behalf then we will be entitled to also transfer monies between different matters.

13. Interest on Money Held in Client Account.

The firm's client account earns interest. The money that is held on your behalf will accrue gross interest at the appropriate rate (which depends on the amount you have deposited) depending on interest rates appertaining generally. The firm will account to you in lieu of interest if the amount accrued is more than £20.00. The onus is on you to account to the Inland Revenue for any tax due in relation to that sum of money and you should declare it on your next tax return. Any other interest accruing in relation to monies deposited by you with the firm shall belong to the firm.

14. Payment Terms.

Upon rendering an account for which prepayment has not been made in full, any balance is due to the firm within 30 days. After such period has elapsed, interest may be charged at the sole discretion of the firm at the rate of 4% above the base lending rate of the HSBC Bank from time to time in force. Furthermore, if you are late in making payment you can expect to receive regular statements from the firm outlining the balance due until it is paid. The firm have a policy of enforcing (if you default) payment of costs if necessary through court proceedings although this action will only be taken as a last resort.

15. Legal Expenses Insurance

Legal expenses insurance is sometimes provided with a household insurance policy. You should check to see if you are covered for this work. If you do not tell us that you have such insurance, then we shall assume (and be entitled to conclude) that you have not such policy.

16. Work Undertaken on Behalf of a Limited Company

Unless otherwise specifically agreed in writing, the directors of a company for whom the firm has agreed to carry out work will be jointly and severally liable to guarantee the payment of charges for that work to the firm. It is on that basis alone that the firm has agreed to proceed with the work.

17. Complaints

In the unlikely event that you are not satisfied with the service the firm is providing or the amount of your bill, please contact the fee earner and tell them what is wrong. If matters are not rectified, then contact the named supervisor above. If you are still not satisfied, please contact our client care partner Ian Freeman at 6 Sutton Street London E1 0BB either by phone on 0044 207 790 7311 or by e mail at ian@freemanharris.co.uk. He will provide you with a copy of our full complaints procedure. If at the end of our investigation you are still not satisfied (and this could also apply to the amount of a bill) then it is possible for you to contact the Legal Ombudsman (Telephone: 0300 555 0333) or by email to enquiries@legalombudsman.org.uk and he will do all he can to try and resolve your complaint to your satisfaction.

18. Completion of the Case

At the completion of the case, you are welcome to take any or all of your papers to which you are entitled once our bill has been paid. Any remaining papers will be stored in electronic format only and kept for a minimum of six years after which the firm reserves the right to destroy them without further reference to you. If you do require any papers, you should take them immediately after the termination of the case. Documents such as current house deeds, Wills and Lasting Powers of Attorney will of course not be destroyed. If papers have to be retrieved from storage at a later date, we may at our discretion charge a reasonable fee for the expenses incurred by the firm in this regard.

19. Original Deeds and Documents

Any original deeds, wills or other important documents can be stored for you by the firm and we will do our best to ensure they are kept in safe conditions. The firm will not usually charge for this service but we reserve the right to make a charge but only after giving you written notice.

20. File Scrutiny by Third Parties and Outsourcing

Your file of papers may be scrutinised by an outside body such as our accountants Legal Aid Agency or accreditation bodies for audit and quality control purposes.

21. Data Protection

We use the information that you provide primarily for the provision of legal services to you, and for related purposes including updating records, analysis for management purposes, statutory returns and regulatory compliance. The information can be held by us on computer and/or paper files and records, and may be transferred internally. Our use of the information is subject to your instructions, the Data Protection Act 1998, and our duty of confidentiality. Our work for you may require us to give information to third parties such as expert witnesses and other professional advisers. You have a right of access to the personal data that we hold for you, and please inform us in writing if you wish to have access to any such information.

We may from time to time send you information that we think may be of use to you, but if you do not wish to receive such information, please inform us in writing.

All information submitted to the Intellectual Property Authority or Government IP Agency at any point in the application and/or registration process may become public record, which may include the ownership name, phone number, email address, or street address. By authorising the Firm to file the application, any response, or submission to the Intellectual Property Authority or Government IP Agency, Client acknowledges that CLIENT HAS NO RIGHT TO CONFIDENTIATILTY in the information submitted to the Intellectual Property Authority or Government IP Agency. The public may be able to view this information in the Intellectual Property Authority or Government IP Agency’s on-line database and through internet search engines and other on-line databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, cancelled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, TrademarkHub and the Intellectual Property Authority or Government IP Agency permission to make the information public in its on-line database and in copies of the application or registration record.

22. Money Laundering

As your solicitors we have a general duty to keep all matters disclosed to us by yourself confidential. However this does not apply to any attempt to launder through our client account the proceeds of a criminal act e.g. money or assets gained through tax evasion, drug trafficking or indeed any other criminal activity.

If the firm has a reasonable suspicion that it is being used for this purpose, it is bound by law to make a report to the National Crime Agency and this report will NOT be notified to you.

23. Distance Selling

If we have not met you, the provision of the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, entitling you to cancel your instructions to this firm (by letter or fax) within 14 working days of receiving this letter. Once we have started the work with your agreement, you may be charged if you then cancel the instructions even if this is within the first 14 working days. If you return these Terms of Business, duly signed, then this would amount to your authority to proceed with this matter.

24. Payments in cash to the firm

The firm does not normally accept payments in cash in excess of £500.00.

25. No Guarantee

a. The Firm has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.

b. the client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, the Firm cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, trade mark likelihood of challenges by other parties and/or the client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

c. Client understands that the Firm is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.