Who may use the Mark of Regulation
- A Costs Lawyer who holds a current (non-suspended) practising certificate and whose name appears on the Register of Costs Lawyers is permitted to use the trademark set out at Schedule 1 (the Mark of Regulation), unless that permission has been revoked in accordance with clause 16.
- No other person may use the Mark of Regulation without the prior written authorisation of the Costs Lawyer Standards Board Ltd (CLSB) as proprietor of the trademark.
Licence to use the Mark of Regulation
- A Costs Lawyer who is permitted under clause 1 to use the Mark of Regulation, and who does in fact use the Mark of Regulation, is referred to in these terms as a Licensee.
- The licence created by these terms is a royalty free, non-exclusive, non-assignable, non-transferable and non-sublicensable licence to use the Mark of Regulation within the United Kingdom.
- An annual practising fee paid by a Licensee shall be, amongst other things, consideration for grant of the licence.
- A Licensee shall not obtain or claim any rights, title or interest in the Mark of Regulation except as set out in these terms.
- Any infringement of the intellectual property rights in the Mark of Regulation shall be dealt with by the CLSB at its sole discretion. A Licensee shall not be entitled to bring proceedings under section 30 of the Trade Marks Act 1994.
Using the Mark of Regulation
- The Mark of Regulation identifies a Licensee as oﬀering services as a qualiﬁed Costs Lawyer with a current practising certiﬁcate issued by the CLSB and being a regulated legal professional. The Mark of Regulation must be used only in relation to such services.
- The Mark of Regulation is for use by Licensees as individual practitioners, for example on business cards, email signatures and letterhead.
- The Mark of Regulation may be used by businesses or organisations that employ Licensees at a Licensee’s direction, for example on a website or in promotional material, only where such use does not create a misleading impression about the regulatory status of any organisation, person or service. The question of whether a particular use of the Mark of Regulation creates a misleading impression shall be determined by the CLSB at its sole discretion.
- The Mark of Regulation should be used in its registered colour (CMYK C78, M48, Y0, K0) and format as set out in Schedule 1.
- A Licensee must use all reasonable endeavours to create, promote and retain goodwill in the Mark of Regulation, including by complying with prevailing regulatory rules applicable to a Costs Lawyer. Any goodwill acquired in the Mark of Regulation belongs to the CLSB.
- A Licensee must not:
- adopt or use a trademark, symbol or device which incorporates or is confusingly similar to the Mark of Regulation;
- apply in the United Kingdom to register a mark identical to the Mark of Regulation or so nearly resembling the Mark of Regulation that it is likely to cause confusion;
- do or permit to be done any act which could jeopardise or invalidate the registration of the Mark of Regulation;
- use the Mark of Regulation as part of a trading name or style;
- use the Mark of Regulation in a way that is contrary to law or regulation;
- take any action which would bring the Mark of Regulation into disrepute;
- otherwise misuse the Mark of Regulation or permit another person or organisation to misuse the Mark of Regulation.
- A Licensee shall be liable for any loss, damage, costs and expenses incurred by the CLSB arising out of:
- use or misuse of the Mark of Regulation;
- services provided by the Licensee;
- non-compliance with these terms.
- The CLSB may, by written notice (which includes email), revoke with immediate effect a person’s permission to use the Mark of Regulation upon failure to comply with these terms. Where the person is a Licensee, this will have the effect of terminating the Licensee’s licence to use the Mark of Regulation and all rights granted to the Licensee under these terms shall cease immediately.
- In accordance with clause 1, a person will no longer be a Licensee if they cease to hold a current (non-suspended) practising certificate and their name no longer appears on the Register of Costs Lawyers.
- The CLSB may withdraw the Mark of Regulation from use, in which case it will give Costs Lawyers reasonable prior notice by appropriate means, and any licence created under these terms shall terminate upon the publicised date of the withdrawal.
- A Licensee shall stop using the Mark of Regulation if the circumstances described in clauses 16, 17 or 18 apply to them.
- Termination of a licence by the CLSB or a Licensee, for whatever reason, shall have no effect on any existing rights or claims that the CLSB may have against the Licensee and shall not relieve the Licensee from fulfilling obligations that accrued prior to termination.
- Nothing in these terms shall be construed as establishing an agency, partnership or similar relationship between the CLSB and a Licensee.
- These terms shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England.