For partners to include in their own client engagement letters.
Suggested wording for inclusion in your own client engagement letter. Tailor the referral-fee disclosure to your arrangement.
You may engage us to assist you in lodging a trade mark application through MarkMaster, a self-directed online trade mark filing platform operated by Mark Master Pty Ltd, ACN 701 733 977.
In assisting you to use MarkMaster, we act only to facilitate your access to and use of the platform. We do not provide legal advice in relation to trade marks, intellectual property or the registrability, availability, scope or enforceability of any trade mark. Any information generated by the platform (including search results, classification suggestions and registrability indicators) is automated, general in nature, and is not legal advice and must not be relied on as such.
You remain responsible for all decisions about your trade mark application, including the mark applied for, the goods and services and classes selected, and whether to proceed. The grant, refusal or acceptance of any application is determined by IP Australia and is not within our control or the control of the platform operator.
Where your application requires legal advice, including (without limitation) responding to an adverse examination, an objection, a dispute, or any question about your legal rights, that work is outside the scope of our engagement. Such matters are referred to brandU Legal, a specialist intellectual property law firm, who will provide an independent quote for the legal work required. You are under no obligation to use brandU Legal and may engage any legal practitioner of your choosing.
To the maximum extent permitted by law, our liability in relation to your use of MarkMaster is limited to the facilitation services we have agreed to provide, and we are not liable for the function or output of the platform, the outcome of any application, or any decision you make in connection with it.
This wording is provided as a drafting starting point only. Partners should adapt it to suit their own firm and obtain their own advice where required.