TRADEMARK SERVICES AGREEMENT

Updated June 28th, 2024

1. INCORPORATION BY REFERENCE. The terms of the VCIP General Terms and Conditions are hereby incorporated by reference herein. Should any conflict arise between the VCIP General Terms and Conditions and this Trademark Services Agreement, this Trademark Services Agreement shall control solely with respect to the Trademark Services; in all other respects the VCIP General Terms and Conditions shall prevail.  As incorporated herein, all references to “Agreement” within the VCIP General Terms and Conditions shall be interpreted to include this Trademark Services Agreement.

2. THE SERVICE.

2.1. Scope of Services. VCIP DOES NOT PROVIDE LEGAL COUNSEL. VCIP provides a web portal for trademark services. VCIP aims to give visitors a general understanding of the law, and provides access to public information and non-legal services. VCIP’s services include reviewing users’ information for completeness, spelling errors, and for internal consistency of names, addresses, and other user entered information. VCIP also provides services aimed at assisting clients in the administration of certificates. VCIP is NOT a law firm and cannot and does not provide legal services or legal advice. In any instance where you need legal services, VCIP will provide you with the information of third-party licensed attorneys (each an “Attorney”). VCIP does not provide legal referral services. You hereby irrevocably appoint and authorize VCIP to act as your agent with respect to any communications with any Attorney arising from or in connection with any VCIP Service.

With respect to non-legal services, or services provided in jurisdictions where the use of a licensed attorney is not a requirement, VCIP may connect you with a trademark specialist rather than a licensed attorney.

You shall have no claim of liability against VCIP with respect to any such services and/or advice, and hereby acknowledge and agree that VCIP is and shall not be responsible for the acts or omissions of any third-party.

2.2. Conflicts Check and Refund of Fees. Should any conflict of interest arise with respect to your representation by a third-party Attorney, then Attorney, at their sole discretion, may terminate the relationship between you and Attorney, and you shall receive a refund of any fees pre-paid for services.

2.3. Account Management. VCIP shall assign to you an account manager. Said account managers shall be employees and/or third-party contractors of VCIP, and may provide you with information regarding the trademark registration process, requirements, status updates, and other general support.  Account managers do not provide legal advice or provide legal services.  As trademark information is considered public information, you understand that VCIP having access to such information and communicating it to you is not a violation of attorney-client privilege.

2.4. Trademark Services. “Trademark Services” shall mean those trademark search and registration services, or trademark maintenance services, or other trademark related services made available or otherwise made known via VCIP’s Website.

All fees paid to VCIP are non-refundable unless expressly designated as otherwise.

2.5. Additional Documents. You agree to provide and/or execute any additional documentation required for the successful completion of the Trademark Services, including but not limited to any agreement required by Attorney. You agree to provide duly executed, notarized, legalized originals, and/or translations as required and at your own expense.

2.6. Additional Fees. In some countries and jurisdictions, additional payment is required to order a comprehensive study in local, non-Latin characters. Moreover, additional payment may be required before a due date to obtain a trademark registration certificate and to maintain the registration in force over time. VCIP will notify you if such payment is required, but it is your sole responsibility to ensure the fees are paid timely. To obtain a trademark registration certificate, even if you elect to pay such fees in advance, an additional payment may be required due to changes in such fees beyond the control of VCIP or due to variances in the exchange rate between the date of payment and the date when the fees in local currency must be settled. If you do not pay any such additional payment within the specified time, the trademark registration may remain pending or may be considered abandoned by the trademark office due to no fault of VCIP or Attorney.

2.7. Certificate Hardcopies. Some trademark offices issue hardcopy certificates. In these cases, hardcopy certificates will be delivered to you by the method selected by you. If you elect to have a hardcopy certificate delivered by regular mail, it will be sent to you at no cost. However, VCIP will not be responsible for any delay or loss thereof.  If you elect to have the hardcopy certificate delivered by private courier at your sole expense, VCIP shall guarantee delivery.

3. RIGHT TO TERMINATE SERVICE. VCIP has the right to refuse Trademark Services to anyone and to cancel any User’s access thereto for any reason and at any time without prior notice. Among other causes, VCIP may refuse to provide a Trademark Service at its sole discretion if an Attorney, trademark specialist, or VCIP itself has a conflict of interest with the User’s request. Also, VCIP has the right to discontinue availability of the Trademark Services or any part thereof, either temporarily or permanently, without notice or liability of any kind.

4. USER INFORMATION AND INTELLECTUAL PROPERTY.

4.1. Unsolicited Submissions. You understand that you shall not submit confidential or proprietary intellectual property through the Website. You shall only provide the public materials necessary for the successful registration of the trademark. VCIP will promptly provide any materials to the Attorney or trademark specialist.  All comments, feedback, information or material submitted to VCIP through or in association with the trademark registration process, by any participant in the process, shall be considered confidential and part of your attempt to register the trademark.

4.2. Release of Information to Third-Parties. VCIP will protect your information from being released to third-parties other than the Attorney, trademark specialist, or other authorized party. If it is necessary to provide information or materials to third-parties other than the Attorney or trademark specialist, YOU, THE CLIENT, HEREBY RELEASE VCIP, ITS OFFICERS, EMPLOYEES, DIRECTORS, REPRESENTATIVES, AND AGENTS FROM ANY LIABILITY CONNECTED TO OR RESULTING FROM THE DISSEMINATION OF SUCH INFORMATION AND MATERIALS. THE TRADEMARK SERVICES ARE SUBJECT TO THE WAIVERS, RELEASES AND INDEMNIFICATIONS AGREED TO BY YOU IN THE PROVISIONS CONTAINED HEREIN AND IN THE TERMS AND CONDITIONS, AND TO ALL REPRESENTATIONS AND PROMISES MADE BY YOU IN THIS TRADEMARK SERVICES AGREEMENT AND IN THE TERMS AND CONDITIONS.

4.3. Third-Party IP. To protect your information and avoid unsolicited communications, by requesting Trademark Service you authorize the creation of an email to be used for the application and registration processes. Any communication, except for spam, will be forwarded to the email associated with your account. Content made available to you via the Website that is not otherwise owned or controlled by VCIP shall be owned and controlled by their respective owners and/or licensees.

4.4. License to User IP. You hereby grant to VCIP a limited license to process, copy, and otherwise handle your intellectual property to the extent necessary to perform any service requested by you.

5. DISCLAIMER AND LIMITATIONS OF LIABILITY.

5.1. Disclaimer Regarding Attorneys. VCIP makes no representation or warranty as to the qualifications or competency of any Attorney, or as to the accuracy or completeness of any participating Attorney’s work. Participating Attorneys are independent third-parties solely responsible for the advice they give, the services they provide, and the representations about themselves they make. 

YOU, THE USER, UNDERSTAND AND AGREE THAT VCIP SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY RETAINED BY YOU IN CONNECTION WITH YOUR USE OF THE VCIP SERVICES AND WEBSITE, REGARDLESS OF WHETHER VCIP MADE THAT PROFESSIONAL’S INFORMATION AVAILABLE TO YOU, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES OR THE OUTCOME THEREOF IS SOLELY AT YOUR OWN RISK.

5.2. Trademark Services Disclaimer. The trademark approval and maintenance processes are inherently subjective and unpredictable. YOU, THE CLIENT, HEREBY VERIFY THAT YOU UNDERSTAND THAT THE PROCESS IS SUBJECTIVE, AND THAT THERE ARE POTENTIAL INACCURACIES IN THE DATA THAT COULD AFFECT THE RESULTS OR THE DELIVERY TIME OF ANY STUDIES, PREDICTIONS, OR NOTIFICATIONS PROVIDED TO YOU. YOU ALSO UNDERSTAND THAT ANY DECISION MADE BY YOU AND/OR THE BUSINESS ENTITY AFTER CONSULTING WITH THE TRADEMARK ATTORNEY, OR TRADEMARK SPECIALIST, DOES NOT CARRY A GUARANTEE OF SUCCESS; LIKE ANY SIMILAR PROCESS OR DECISION TO UNDERTAKE LITIGATION OR A CONTESTED, ADVERSARIAL PROCEDURE. THE DECISION IS SUBJECTIVE AND WHOLLY BASED ON THE FACTS AVAILABLE. CONSEQUENTLY, YOU THE CLIENT, DO UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU ARE BOUND TO THE WAIVERS, RELEASES, AND LIMITATIONS CONTAINED IN THE TERMS AND CONDITIONS AND THIS TRADEMARK SERVICES AGREEMENT.  ANY TIMEFRAMES AND COMPLETION DATES PROVIDED ARE ESTIMATES AND YOU ACKNOWLEDGE THAT THE NATURE OF TRADEMARK REGISTRATION AND TRADEMARK MAINTENANCE CAN CAUSE COMPLETION TIMES TO VARY AND CHANGE CONSIDERABLY WITH LITTLE TO NO WARNING.  VCIP SHALL HAVE NO LIABILITY FOR ANY DELAY IN TRADEMARK REGISTRATION.  LIKEWISE, YOU, THE CLIENT UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE TO ENSURE THE MAINTENANCE OF THE REGISTRATION OF YOUR TRADEMARK AND THAT ANY NOTIFICATION FROM THE ATTORNEY OR VCIP TO YOU CONSTITUTES ONLY A COURTESY REMINDER.  IN NO EVENT WILL THE ATTORNEY OR VCIP HAVE ANY LIABILITY FOR THE DELAY OR OMISSION OF A COURTESY REMINDER.  FURTHERMORE, YOU UNDERSTAND THAT VCIP, THE ATTORNEY, AND/OR TRADEMARK SPECIALIST CANNOT PREDICT WITH ANY CERTAINTY AS TO WHETHER YOUR TRADEMARK APPLICATION WILL FACE ADDITIONAL CHALLENGES FROM THE TRADEMARK OFFICE OR THIRD PARTIES OPPOSING YOUR TRADEMARK APPLICATION.  YOU UNDERSTAND THAT SHOULD SUCH CHALLENGES OR OPPOSITIONS OCCUR, YOU MAY INCUR ADDITIONAL OFFICIAL FEES AND ATTORNEY FEES TO DEFEND AGAINST SUCH CHALLENGES OR OPPOSITIONS, FOR WHICH VCIP, THE ATTORNEY, AND/OR TRADEMARK SPECIALIST HAVE NO LIABILITY.  THE RESULTS OF THE TRADEMARK WATCH SERVICE ARE PROVIDED BY AN EXTERNAL PROVIDER. VCIP WILL NOT BE LIABLE FOR ANY ACTION OR DAMAGE THAT OCCURS DUE TO FAILURE ATTRIBUTABLE TO THE EXTERNAL SUPPLIER.

5.3. No Backup of Records. You, the Client, understand that you are solely responsible for the creation, storage, and backup of your business records, any registrations, and activity data. This Trademark Services Agreement and any registration for or subsequent use of the Website will not be construed as creating any responsibility on VCIP's or Attorney’s part to store, maintain, backup, retain, or grant access to any information or data for any period.

6. TERM AND TERMINATION. This Trademark Services Agreement shall be effective from the moment you first access the Trademark Services and shall continue in effect until the Trademark Services are complete, including for the duration that you receive Trademark Services from an Attorney or trademark specialist. The following sections of this Trademark Services Agreement shall survive its termination or expiration:  2.1, 2.6, 4.2, 4.3, 4.4, 5, 6