TRADEMARK.CO – Business Conditions and Terms of Use

Welcome to our website.

This is www.trademark.co, a service brought to you by Georg Pintz & Partners LLC.

Georg Pintz & Partners LLC is a Patent and Trademark Law Firm, with its head office located in Budapest, Hungary, European Union. Our contact details:

Address: Pf. 590, 1539 Budapest, Hungary

Telefax: +36-1-457-0065

E-mail: info@trademark.co

EU-VAT identification no.: HU22954275

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Georg Pintz & Partners LLC's relationship with you in relation to this website and the services promoted through it. All relations with Georg Pintz & Partners LLC/www.trademark.co  (“GPP”) are subject to the terms and conditions hereunder at the exclusion of any other one.

1. Our Service

1.1. GPP offers a web interface called TRADEMARK.CO (under www.trademark.co) with a platform for ordering trademark registration services.

1.2. GPP undertakes all the steps necessary to register the requested trademark in the state(s) designated by the Principal (that is you, the person ordering any of the services provided by GPP).

1.3. GPP undertakes:

-  to use the services of qualified trademark agents/attorneys where the application is filed by a local legal representative,

- to file the trademark application documents in the rest of the countries.

The trademark application is filed by a local legal representative of GPP

The trademark application is filed by GPP directly

Albania (AL),

Austria (AT),

Bosnia & Herzegovina (BA)

Bulgaria (BG)

Croatia (HR)

Cyprus (CY)

Czech Republic (CZ)

Estonia (EE)

Greece (GR)

Italy (IT)

Latvia (LV)

Lithuania (LT)

Macedonia (MK)

Malta (MT)

Montenegro (ME)

Poland (PL)

Romania (RO)

San Marino (SM)

Serbia (RS)

Slovak Republic (SK)

Slovenia (SI)

Spain (ES)

Switzerland & Liechtenstein (CH+LI)

Turkey (TR)

Belgium (BE)

Denmark (DK)

Finland (FI)

France (FR)

Germany (DE)

Hungary (HU)

Iceland (IS)

Ireland (IE)

Luxembourg (LU)

Monaco (MC)

Netherlands (NL)

Norway (NO)

Portugal (PT)

Sweden (SE)

United Kingdom (GB)

 

 

1.4. For the purpose of the registration of trademarks, GPP and its Agents and Associates carry out the following activities:

- the preparation, completion and filing of the registration forms;

- the furnishing of information to the Principal during the registration procedure;

- the communication with the competent bodies, with local agents and with the Principal;

- the conducting of meetings (by phone) with the Principal, the communication with the Principal and the performance of all current file-related acts;

 

1.5. Once the Principal has filled out the application form on GPP’s web site, and all signed Power of Attorney forms and payments have been received by GPP, GPP shall render the following services:

 

1.5.1. GPP processes the request:

- prepare and submit the trademark application for registration to the corresponding national trademark office (or OHIM), according to the instructions received from the Principal, generally within 15 days from the date referred to in section 1.5., and

- pay the initial official fees in order for the trademark registration process to continue its due course.

 

1.5.2. Information:

- The Principal will be informed, when requested or when circumstances so require, regarding the progress of the registration process. Additionally, the Principal will be granted access to the status of the trademark registration process through GPP’s web site in the follow-up section.

- GPP shall notify the Principal when the trademark application has been objected, opposed or accepted.

 

1.5.3. Advice in case of objections:

 

If the trademark application has been objected by the trademark office, or opposed by a previous right holder, GPP (or one of its Agents and Associates) will notify the Principal about this situation, together with a recommendation on the actions to follow and their cost. In this communication GPP shall require a response from the Principal within an indicated period of time, on the actions the Principal has decided to pursue.

 

If the Principal fails to respond in the established period of time, GPP will not be liable for any ulterior refusal or obstacles the registration process might encounter due to the lack of response. Hence, refunds on the amount paid for the service will not be made.

 

Therefore, if the Principal wishes to pursue with the trademark registration process once the terms have expired, it is likely the Principal will have to submit a new application request.

 

1.5.4. The registered trademark holder will have the full right to use, earn incomes from and transfer the trademark once it has been duly registered. As soon as the registration number is available, GPP will inform the Principal.

 

2. Mandate

 

2.1. Any instruction given to GPP shall be in writing or through GPP’s web interface.

 

2.2. The Principal shall provide GPP with all the necessary information needed for the instructions to be carried out correctly.

 

2.3. For any order passed through GPP’s web interface, GPP undertakes to send to the Principal an email confirmation and an invoice, and to make “ready to sign” Power of Attorney forms available to be printed from the web interface.

 

2.4. The agreement between GPP and the Principal is only formed and will only be effective upon the written acceptance (not the acknowledgement of receipt) by GPP of the order of the Principal, at the conditions of GPP. On acceptance of an offer the Principal also agrees to all rates stated in the price list prevailing at that time. In the absence of a written confirmation the agreement shall be deemed effective under the offer conditions, if and as soon as the execution of the activities specified in the offer, including the possible preparatory and preliminary measures, has been commenced.

 

2.5. All communication should be directed to info@trademark.co.

 

3. Accomplishment of the Mandate for Applications

 

3.1. GPP processes the trademark registration requests after having received the full documentation and the payment indicated in the debit note.

 

3.2. GPP provide services according to the rules of legal representation and mandate agreements. This is based on the cooperation of the parties. It comes from the nature of this legal relation that GPP is obliged to handle your case professionally and carefully, using the services of specialist agents and attorneys. You as Principal acknowledge that your instruction to GPP to file trademark applications on your behalf does not guarantee the eventual success of your trademark application. You as Principal, accept that GPP cannot guarantee that the trademark will be granted. In case of any application for registration the final decision is made by the authorities therefore GPP has no responsibility in this regard. Whether or not your application is granted is a matter for the trademark and patent offices in your chosen countries and is outside of the control of GPP and its agents.

The operation of GPP is ruled by the Statute No. XXXII of 1995 on patent attorneys (Hungary).

 

3.3. GPP are entitled to deploy third parties (Agents and Associates) for the purpose of the execution of the order without prior notice to the Principal.

 

4. Principal’s Commitments and Obligations

 

4.1. You as Principal undertake to

(i) promptly answer all questions sent by GPP, including those asked by our agents, translators or associates;

(ii) promptly return all forms, including signed Power of Attorney forms, to GPP or our nominated Agents or Associates;

(iii) ensure that the contact person within your organization, identified by the e-mail address, and who instructs GPP has the authority to place such orders and to bind your organization to the payment of the amount as stated in the quote/order, without capped amount;

(iv) accept our Business Conditions and Terms of Use policies; and

(v) inform GPP of any change of address and/or of status.

 

4.2. As Principal, you are responsible to give instructions, within the deadlines established by GPP, for the legal services in case of objections, oppositions, and refusals in the processing of the trademark application. You as Principal must be aware that the deadlines are binding, meaning that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, what normally leads to the loss of the registration request and/or other rights.

 

4.3. Late filing of Power of Attorney forms or priority documents may result in additional fees or in loss of rights.

 

4.4. GPP may not be held responsible for any loss of rights if it has not been kept properly informed about changes which have occurred by the priority application, the trademark holder or the Principal.

 

5. Termination, annulment of the agreement

 

5.1. The mandate can be revoked and the order can be cancelled by the Principal any time, however, any costs incurred up to that time shall be charged to and paid by the Principal, including the fees of the services already completed. Mandates are processed within a short period of time. There is no possibility for reimbursement of fees once the application is forwarded to the authorities since the mandate is completed and the authorities do not reimburse the official fees.

 

5.2. GPP reserves the right to refuse or to suspend any mandate requests or terminate any accepted mandates with 15 days notice. Overpayments shall be refunded if any.

 

6. Quotes and Estimates

 

6.1. Whilst GPP makes every effort to calculate the costs of filing your trademark application correctly in our quotation of estimated costs, we do not guarantee the accuracy of these numbers or any estimate produced on these numbers. Before placing an order you should verify the accuracy of the inputs.

 

6.2. Quotes and estimates assume that orders, communications and documents will be received in good time before any relevant patent office deadlines. Late orders (such as late filing of Power of Attorneys forms) may require additional late fees, which are not shown in our fee estimates and offers.

 

6.3. Estimates for trademark registration do not include renewal fees which are usually due 10 years after the filing date but may be due at a different date in some jurisdictions.

 

7. Fees and Payments

 

7.1. Our fees are subject to change at any time, without prior notice.

 

7.2. You as Principal agree to pay us in the currency we indicate on our invoices, in the methods shown. All costs falling on the payment, including costs of exchange and bank charges, are for the account of the Principal.

 

7.3. You as Principal agree to pay our invoices by the deadlines indicated on our communications. Late payment may require GPP to add additional late fees to the invoices or to refuse to accept your order.

 

7.4. GPP reserve the right to issue a subsequent invoice if, between the time an order is placed and the time an application is filed, the trademark and patent office of the receiving country increases the relevant government fees.

 

7.5. Whilst GPP try to accommodate urgent and late instructions, late fees may be applied where insufficient time remains to complete a translation or filing before a deadline without applying for an official extension or causing work to be rushed or extra resources employed. Where late fees are needed they will be clearly indicated in your invoices.

 

7.6. You as Principal agree to sign and to provide with proper signature any required power of attorney documents or other documents and send them to the GPP agents before the relevant due dates. Failure to send these signed documents by the deadlines may result in the agents charging you for the cost of the action of attending to the separate filing of these documents.

 

8. Debit Notes and Invoices

 

8.1. GPP’s invoices have to be paid within 30 days from the invoice date by bank card (www.trademark.co/payment) or bank transfer to Georg Pintz & Partners LLC’s bank account with UniCredit Bank, Budapest, Hungary.

 

8.2. Payment via Bank Card

 

You can pay with VISA, VISA Electron, Mastercard (EC/MC), and JCB bank cards. The payment is effected on the secure site of our bank. When submitting a payment on the SSL (Secure Socket Layer) interface you are connected directly to our Bank (K&H). K&H Bank Hungary is the affiliate of KBC Bank Belgium. Georg Pintz & Partners LLC does not receive or handle any information relating to your card, our firm receives only a short message about the payment from the bank. The bank has a secure 128-bit encrypting key to protect the communication channel. VeriSign certified K&H bank to use this 128-bit key, based upon which it ensures the application of SSL-based encryption. This encryption method is applied in 90 % of today's global e-commerce. The browser software used by you (Internet Explorer, Firefox etc.) encrypts the cardholder's data before transmission. This means that the information given by you gets to the destination in an encoded form and no unauthorised party is able to interpret or to use it.

 

If we receive less payment as indicated in the purchase specification and the outstanding amount is not settled, the amount paid will be refunded after deduction of the bank charges.

 

8.3. Payment via Bank Transfer

 

The fees indicated on our debit note do not include the remittance fee of your payment. Please note that all of the remittance costs must be paid by you when you place your order. GPP reserves the right to handle any case and to file any application only after having received the total payment. If we receive less payment than indicated in the debit note, the amount shall be refunded automatically after deducting the bank charges. With regards to the experience with previous applications we would like to ask our clients to please make sure that bank transfer costs are not charged to us.

 

Bank connection details:

Georg Pintz & Partners LLC

Pf. 590, 1539 Budapest, Hungary

UniCredit Bank, Budapest, Hungary

IBAN: HU61-1091-8001-0000-0116-5245-0015

Swift: BACX HUHB

 

8.4. In case of a delayed payment, an interest of 10% per year may be invoiced by GPP at its discretion.

 

8.5. In case of no or partial payment within the month of placing the order, GPP will be entitled to cancel immediately all pending orders, close their files and invoice the work that has already been performed.

 

8.6. Unless specified explicitly otherwise, any order for the services commits the Principal whether the Principal is the beneficiary of the service, the representative or the intermediary. If the debit note is established in the name of a third party at the Principal’s request, the Principal is in any case responsible for the payment and, if the case arises, shall jointly pay with the third party.

 

9. Default

 

9.1. Should you fail to make due payment for any services supplied by GPP or commit a breach of any of these terms, or being a natural person commit an act of bankruptcy, or being a corporation by act or omission enables the appointment of an administrator, scheme manager, trustee, official manager, receiver, receiver and manager, liquidator or any other person authorized to enter into possession or assume control of any property pursuant to a mortgage or other security, GPP may, without prejudice to any other rights it may have, do any or all of the following

(i) withdraw any credit facilities which may have been extended to you and require immediate payment of all moneys owing or accrued;

(ii) withhold any further performance of Services required under the accepted order; or

(iii) suspend and/or terminate performance of any Services which GPP has with you.

You shall be liable for all costs associated with the exercise by GPP of its rights under this clause, which shall be repayable on demand.

 

9.2. In the event that the Principal has not respected its commitments and obligations, the contract can be terminated by GPP eight days after appropriate notice, and without affecting the GPP’s right to claim compensation and its claim to late payment interests.

 

10. Conflicts

 

10.1. By using Services supplied by GPP and our Agents and Associates to file trademark applications and associated papers such as assignments, amendments and translations, you agree not to assert that a conflict is created which would thereby preclude the Agent or Associate from representing other clients in matters relating to a trademark application in the selected countries.

 

10.2. It is our policy that we refuse to handle cases (partially or totally) where there is a conflict of interest in respect of existing clients of GPP or its Agent or Associate. After filing, you as Principal together with the attorney handling the application (GPP or its Agent or Associate) will determine whether or not a conflict exists which would preclude the selected attorney from performing substantive legal services for the trademark owner in the selected country/state. In the event a conflict exists, GPP or the Agent or Associate will transfer the application file in the relevant country to counsel of the trademark owner's selection and payments made in relation to the said state(s) will be refunded.

 

11. Responsibilities and Limitation of Liability

 

11.1. GPP and its Agents and Associates take upon no responsibility in the event that a trademark is not granted. The Principal accepts ab initio that any objection, opposition, or rejection, or any other situation that prevents the further processing of the registration request, is not the responsibility of GPP, its directors, employees, Agents and Associates and hereby waives any indemnification.

 11.2. GPP does not act either as attorneys or legal consultants in respect of the countries where the trademark application is not filed by GPP directly but through a local attorney (see 1.3.). In respect of these national trademarks GPP only deals with administrative procedures related to the correspondence with the local legal representative.

 

11.3. GPP shall not be liable in respect of defaults of GPP’s Agents and Associates, persons in GPP’s service, and in respect of natural or legal entities whose services GPP use for the purpose of the execution of an order/agreement.

 

11.4. The Principal will never engage the liability of an individual acting or signing on behalf of GPP.

 

11.5. GPP exclude any and all liabilities with regard to its activities, except of arising from intent or gross negligence. Except in the case of fraud imputable to GPP, the responsibility for possible damages suffered by the Principal in particular in the event of loss of an Industrial Property Right, for which GPP could be directly or indirectly involved, will not exceed the figure of three thousand Euros, even in the event of serious fault by GPP.

  

11.6. To the maximum extent permitted by applicable law, GPP and its subsidiaries, affiliates, officers, employees, agents, partners, associates and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

(i) your access to or use of or inability to access or use the services except in the case of gross negligence or fraud on the part of GPP;

(ii) any content obtained from the services; and

(iii) unauthorized access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not GPP has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

11.7. You as Principal agree to indemnify and hold harmless GPP and our Agents and Associates against all claims, liabilities, damages, losses, costs and expenses, including legal fees, suffered by GPP and arising out of any breach by you of these terms or any other liabilities arising out of your use of this website, or the use by any other person accessing this website using your computer equipment or internet access account or your infringement of the intellectual property rights or other proprietary rights of any third party.

 

11.8. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

 

11.9. GPP reserve the right to restrict or prevent your access to these services and/or this website at our sole discretion.

 

11.10. The services that GPP provide are always evolving and the form and nature of the services that GPP provide may change from time to time without prior notice to you (the Principal). In addition, GPP may stop (permanently or temporarily) providing these services (or any features within these services) to you or to users generally and may not be able to provide you with prior notice. GPP also retain the right to create limits on use at our sole discretion at any time without prior notice to you.

 

12. Disclaimer

 

12.1. All information contained within this website is provided for general information purposes only and on the understanding that none of the content herein constitutes legal or other professional advice. The application and impact of laws can vary widely depending on the specific facts involved. In the case of a specific problem or query, professional advice should be sought.

                                                                                       

12.2. GPP has made every attempt to ensure that all information contained within this website has been obtained from reliable sources, but all such information is provided "as is", with no guarantee of completeness or accuracy. Neither GPP nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and GPP expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Under no circumstances will GPP be liable in any way for any information, including, but not limited to, any errors or omissions in any information, or any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted or otherwise made available via the services.

 

12.3. Your access to and use of these services or any information is at your own risk. You understand and agree that the services of GPP are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, GPP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GPP will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any information. You also agree that GPP has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

 

12.4. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that GPP endorse the website(s). We have no responsibility for the content of the linked website(s).

 

13. Waiver and Severability

 

The failure of GPP to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. In the event that any provision of these terms is held to be invalid or unenforceable, the remaining provisions of these terms will remain in full force and effect.

 

14. Privacy

 

14.1. Any information that you provide to GPP is subject to GPP’s privacy policy, which governs our collection and use of your information. You understand that through your use of the services you consent to the collection and use of this information, including the transfer of this information to Agents and Associates of GPP and/or other countries for storage, processing and use by GPP.

 

14.2. GPP acknowledges that the information you provide may be confidential. GPP will maintain the confidentiality thereof and protect your information in accordance with GPP's standard procedures and all applicable laws.

 

14.3. Personal information e.g. name, address and e-mail address provided by you will only be used and given to any third party in connection with fulfilling your request of the application or the respective service and for the purpose of executing your instructions. You agree that GPP may store and use the data you provide for use in maintaining and billing fees to your account.

 

14.4. As part of providing you the services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the services and your GPP account, which you may not be able to opt-out from receiving.

 

14.5. GPP does everything to keep your information accurate and up to date. Please assist us to comply with this practice by ensuring that you inform us of any changes to your data. You agree to provide accurate and complete information when you use the services of GPP or establish an account with GPP, and you agree to update your contact details and order specifications to keep it accurate and complete.

 

14.6. We use cookies only for the purpose of offering you higher quality of service. Cookies are used for saving data for further applications, if you choose so at the forms.

 

15: Applicable law and jurisdictions

 

15.1. Any claim based on GPP’s services will be governed by Hungarian law only.

 

15.2. Any disputes between the parties arising from the performance of the provisions of these Terms must be settled through friendly consultation by the parties.

 

15.3. The following Hungarian courts are exclusively competent to hear and determine any dispute relating to the relations between GPP and the Principal: Budai Központi Kerületi Bíróság, Fejér Megyei Bíróság.

 

In the event of a difference of opinion on the interpretation of these general terms and conditions only the English text thereof shall be decisive.

 

We may revise these terms and conditions from time to time; the most current version will always be at www.trademark.co . You should check this page regularly to ensure that you are informed of any changes. By continuing to access or use the services after those revisions become effective, you agree to be bound by the revised terms.

 

Effective: March 20, 2011

 

In case you feel that your matter is not treated appropriately, please turn directly to the manager of the head office. We thoroughly investigate any complaint.

 

 

 
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