You will only sign the written terms and conditions after our team contacts you and after you have agreed on the next steps and all the details of the chosen service. These written terms and conditions will be per the information provided on our Website and with those for the individual Services. Until then, the conditions for the use of our site are as follows.

Please read these General Terms and Conditions (the “Terms“) carefully before using the website https://www.swiftmarkco.com (the “Website“), with its registered office at 7 Temasek Boulevard #12-07 Suntec Tower One Singapore 038987.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing the Website and/or using the Services you agree to be bound by these Terms as well as our Privacy Policy. If you disagree with any part of the Terms then you may not access the Website and/or use the Services provided therein.

Definitions

The following definitions apply:

“Terms“ means the following General Terms and Conditions. 

“Website“ means any website via which the Swiftmark platform can be accessed, in particular trademark.com.sg, and any other website that is owned or controlled by Swiftmark Consultancy Pte. Ltd

“Operator“ means Swiftmark with its registered office at 7 Temasek Boulevard #12-07 Suntec Tower One Singapore 038987.

“Feasibility Report” is a preliminary document prepared by us with all information regarding the User’s trademark, which after the User’s approval will be filed it is intended for assessing the trademark’s suitability for registration as a trademark in the relevant Trademark Register held by the Trademark Office, which includes searching for identical and/or confusingly similar earlier marks in the relevant databases, and checking the grounds for refusal to register a mark in the relevant Trademark Register held by the Trademark Office.

“Registration“ or “Registration Service“ means performing all the actions necessary to register the User’s submission – mark in the relevant Trademark Register held by the Trademark Office, excluding the representation of client before the Trademark Office in connection with Office Action(s) issued, opposition, cancellation, invalidation, or other specific proceedings (such representation and provision of related services is governed by the Legal Terms of Business).

“User“, “you“, “your“ means any visitor of the Website who is able to order Services for himself or for the third party, as well as sign up into customer portal.

“Service“ or “Services“ means any service offered by the Operator, displayed to the User in the Swiftmark platform.

“Price“, “fee“, “costs“ means the amount which is to be paid for the Services.

“Register of Trademarks“ means a database of registered trademarks held by the respective Trademark Office.

“Territory“ means any territorial organisations where Services are offered.

“Trademark Office“ means any government agency or authority competent that has official permission to register trademarks.

Feasibility Report (“Free Check“)

The free Feasibility Report includes the assessment of the registerability of the User’s submission – mark as a trademark in the relevant Register of Trademarks and the search for and inspection of identical and/or confusingly similar earlier trademarks. The purpose of this is to determine the probability of successful Registration of the proposed Trademark. When ordering the Feasibility Report, please be aware that some online databases are not updated daily or weekly; thus, the only results are available on the day of carrying out the Verification. Unless explicitly required by the user, a new verification will not be carried out before filing. Swiftmark does not take responsibility for outages in country-specific Intellectual Property offices, which might impact the results. 

It is possible that the Feasibility Report when prepared, results may not determine all the possible grounds for refusal, taking into account the subjective evaluation by trademark examiners in respective Trademark Offices. By performing this and providing the result, Swiftmark does not guarantee that the use of the mark does not infringe anyone’s rights or that the mark does not be opposed during the Registration.

Swiftmark does no take accountability for intentional bad faith trademark filings, malicious trademark filings or for the client’s intention to deceive the relevant IP office, with the client bearing all financial loss incurred with no refund policy applicable.

Fair Usage Policy

The free Feasibility Report are limited to fair usage. When the User attempts too many Verifications of similar products (goods and services), they might be redirected to the paid Trademark Strategy Service. This may not be the case if the Feasibility Report concern different products and/or different classes of goods and services. In other words, Swiftmark has the discretion to decide whether or not the usage is deemed fair. Generally, we offer up to three free searches per one User.

If the User is interested in a detailed trademark assessment, the Trademark Strategy Service should be selected (which is a paid service_.

Drafting

“Drafting” is the process of preparing the application for the submission of the trademark according to your specifications. After the order is placed, you are still able to edit the order if needed (for instance, to add more classes). In the case of major changes, such as the transfer of fees from a drafted application to a new one, Swiftmark shall be duly notified by the User.

Before Swiftmark or any of its affiliates  submit the Trademark application to the Trademark Office, you will receive an Application Summary to confirm and give a final approval. Be aware that your final approval is the condition to file for Trademark. Thus, please make sure to check your emails regularly. If there is no response from the User, the Trademark filing will be put on hold. Although Swiftmark will send a reminder email, it is the User’s responsibility to notify the us via hello@swiftmarkco.com if they do not receive any emails.

Consultation

If the User is unsure about an aspect of the Trademark Registration process, there is a possibility to schedule a call with Swiftmark customer support free of charge (one time slot is up to 15 minutes). Please note that the consultation is not carried out with a lawyer, as the aim of the consultation is not to provide any Legal Services and is not meant to be legal advice, rather to explain and assist the User by answering questions and uncertainties about the Trademark Registration process only. By booking a consultation, you are giving the Operator permission to record or monitor the call for quality assurance and training purposes. 

Filing & Representation

“Filing” is the process of filing the Trademark at the relevant Trademark Office.

The user understands that the Swiftmark does not guarantee that the Trademark will be accepted or registered after ordering the Service. Swiftmark and/or its affilitates guarantees that the Trademark will be filed before the Trademark Office of the ordered Territory (jurisdictions) according to the received User’s instructions.

Selected jurisdictions are subject to respective Trademark Office terms, guidelines, and regulations, which might require a local legal representative to conduct the filing of Trademark applications. For these respective jurisdictions, the submission of Trademark applications is conducted by a local Law Firm and subject to additional processing by the appointed legal representatives (trusted legal partners) extending beyond the proposed period of 3 to 5 business days for the filing of Trademark Applications.

For the avoidance of any doubt, the price for filing the Trademark applications does not include representation in the event of a dispute with another entity during registration, e.g. if a third party files comments or objections against the Registration of the Trademark and additional legal litigation services are considered optional.

Following the submission of payment and the creation of a binding order, the Power of Attorney document shall be delivered to the user via email. To ensure prompt processing of the filing, the user must provide the original, unmodified form of the executed Power of Attorney. The Power of Attorney shall serve as the legal instrument for representation before the IP Office.

Payment terms 

Payment for the Services can be processed via card payment or a bank transfer. Additional payment processing time is allowed in the case of payment via bank transfer in order to account for bank transfer processing delays. When Swiftmark and/or its affiliates receives the payment, the order is proceeded with. 

The Price for the Registration Service specified in the Price list is final and includes the basic official fee. The only instances where the Price will change is:

• If you are interested in changing the number of classes of goods and services you want to protect by Trademark;
• If you are interested in changing the number of Territories, you want the protection by Trademark and
• If there is a change in the Price list of the Law Firm adopted between the order and the payment (such a price adjustment is communicated to the User in advance). 

For more information, please contact the customer service representative of Swiftmark.

Upon Registration, you are responsible for payment of the Registration Fee (government Fee and Service Fee). Swiftmark is not responsible for any additional costs in the case of an Office action and/or opposition, invalidation, cancellation, or other objection raised against the trademark application.

If there is no specified Price for the specific Service you are interested in, it will be agreed based on mutual agreement between you and Swiftmark and/or its affilitates.

Selection of terms that are not covered by the pre-approved list of terms of the respective countries’ IP Office might incur additional charges under a “Custom list of terms”.

Refunds / Money Back Guarantee

We stand by the quality of Services and are confident that you will be satisfied with your purchase. To make sure that your experience with us is hassle-free, we provide a Refund and Money Back Guarantee policy. Please read the conditions below.

Cancelled Order:

• If the User cancels the order before they receive the official filing document from us, the full Price will be refunded. 
• If the User cancels after we send the official filing document (after the “drafting” stage), official filing fees will be refunded only.
• If the User cancels after the Trademark filing, the User is not eligible for a refund at all.
• If the User cancels after filing and requests a voluntary withdrawal of the Trademark Application, respective processing Fees for withdrawal of trademark application are applicable.

Availability

The access to the Website subject to any unavailability caused by circumstances beyond the Operator’s reasonable control, including any force majeure events, any computer, communications, internet service or hosting facility failures, denial of service attacks or delays involving hardware, software, power, or other systems not within Operator’s possession or reasonable control. Services may be temporarily limited or interrupted due to maintenance, repair, modifications, upgrades, or relocation.

Intellectual property

The Operator has invested considerable resources and efforts into the development of the Website, and any other software, features, functionalities, designs, works of authorship of any kind, information or other materials enabling the User the access to the Services.

User has the right to use the Intellectual Property solely for the purpose of accessing the Services on an “as is, non-exclusive basis without any warranties other than those stated in these Terms for the duration of the provision of Services, but the User agrees that all such Intellectual Property remains the sole property of the Operator and at no time does the User acquire any rights other than those expressly conferred by these Terms. The Operator reserves the right to remove access by the User to any Intellectual Property upon expiration or termination of the provision of Services or upon the breach of these Terms. User further undertakes not to attempt to reverse engineer or in any other way access the source code of any Intellectual Property. In such a case, the User shall be responsible for the damages to the fullest extent permitted by the applicable law. 

If the User gives any feedback or requests for customisation, such feedback and requests will be deemed non-confidential and non-proprietary, and implementation of such feedback and requests becomes a part of the Intellectual Property of the Operator without any compensation to the User.

Communication and delivery

The contact address of the Operator is hello@swiftmarkco.com.

By entering your email address on our Website, you agree to receive emails concerning Services from us. Any update or any email, which must be sent to you will be sent to the email address you provide in the Verification request. You agree to the delivery of all documents exclusively in electronic form and you must ensure that the address is correct and that you receive emails from us. 

Communication performed in the aforementioned manner shall be deemed to have been delivered to the party to whom it is addressed if it was received by the addressee in a legible and comprehensible form no later than the business day following the day on which the document was sent.

You are obliged to notify the Operator of any change in the contact email address. In the event that you do not respond, the Operator is not responsible for non-delivery of the document or failure to notify the User.

Swiftmark has the right to take all steps aimed at eliminating formal deficiencies in the application without the obligation to inform the client.

swiftmark  will notify the User in the case of an issue raised by the respective Trademark Office within the proposed response period contained within the official notice of the issue from such Trademark Office.

Links To Other Websites

Our Services may contain links to third-party websites or services that are not owned or controlled by the Operator. The Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Liability

Each party shall only be liable for any material loss, damage or injury caused to the injured party by any negligent or intentional default in the performance of its obligations. Swiftmark and/or its affiliates shall be liable to the User only up to the amount of the total Fee paid. Each party shall not be liable if the default occurs as a result of “force majeure”, i.e. a cause outside of control of the defaulting party. Moreover, the Operator shall not be liable for any damage caused to the User by any default for reasons not on the side of or caused by the Operator.

The User agrees to indemnify, defend and hold the the Operator harmless from any and all third party claims, liability, damages and/or costs arising from User’s use of the Services and Legal Services, User’s violation of these Terms or the infringement or violation by the User or any other its affiliated parties, of Intellectual Property or any other intellectual property or other rights of any person or entity or applicable law.

The access to the Services is being provided on an “as-is” basis and the Operator makes no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the functioning, performance, accessibility of the Services or their availability. The Operator specifically disclaims any implied warranties of fitness for a particular purpose or non-infringement. The Operator shall not be held liable for any functionality disturbance and/or malfunction and/or service outages of Services.

The User is responsible for ensuring that all information provided during the provision of Services is correct and shall notify the Operator of any changes regarding such information.

The Operator is not liable for damages that may arise from any recommendations or actions made by the third-party or affiliates based on incorrect or inadequate information from the User and/or by the User referred third party or for additional costs incurred due to such incorrect or inadequate information. Neither the Operator and/or its affiliates is liable for any indirect damages, loss of profit, loss of revenue and also not for the loss of anticipated savings. 

Confidentiality 

The Operator and/or its affiliates undertake to protect the confidentiality of the information provided by the User on the Website. Please note that your submissions to us are confidential and will not be shared with third parties, not directly affiliated with the Operator. 

General

If any provision of these Terms is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability. Such provision will be replaced by a provision that most closely reflects the meaning of the unlawful, void or unenforceable provision. The failure by the Operator to enforce any provision of these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

All provisions of these Terms, which by their nature should survive termination of the provision of Services, shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

The Operator reserves the right to modify these Terms at any time, therefore, the User should periodically check for the updated versions which will be accessible at Website. When practicable, the Operator will inform the User of any material changes by email or a notice on its website.

These Terms are governed by and will be construed under the laws of Singapore. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by way of mediation in Singapore Arbitration Courts.