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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1407
Experience:  Dual qualified Solicitor and Attorney
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I filled for a trademark with the trademark office, But

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hello
JA: Hello. How can I help?
Customer: I filled for a trademark with the trademark office
JA: Is the trademark federally registered?
Customer: But withdrew the trademark straight away because of a mistake, they failed to notify that the fee (£170) wouldn't be refunded, they are refusing to refund me, is there a case here? Im in the UK
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this service for the UK ?
Customer: replied 6 days ago.
I withdrew the trademark before review, so no services had been rendered
Customer: replied 6 days ago.
Shall I take them to small claims court?
Customer: replied 6 days ago.
many thanks

Hi thank you for your message, how did you file online?

Customer: replied 6 days ago.
via the trademark office website

Hi thank you for your message, you might be able to argue that this falls under distance selling regulations and therefore you should have 14 days to cancel the service/purchase. I would therefore, go back to them and make this point. If they are not amenable you can look to take the to small claims court to recover the money. To do this, you will need to a letter before action to demand payment of the value of the money within 14 days and say that if they do not pay you, you will issue county court proceedings against them.
You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Customer: replied 6 days ago.
No problem, one last thing, if I lost the case would I have to pay the other party's legal fees? Thank you

Hi thank you for your message, for small claims the idea is that you should not need a lawyer so therefore, generally no.

Jeremy Aldermartin and 2 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Ok thanks

Glad I could help, take care.