Trademark Registrar Terms & Conditions
This Agreement is between Trademark Registrar registered in Germany (“A Project of GB TMRegistration UG”) and You, your agents, resellers or successors (“You”), and is effective as of the date of the electronic execution or confirmed order by us.
Those Terms regulates the use of Trademark Registrar Services and defines Trademark Registrar obligations to you and Your obligations to Trademark Registrar .
The customer acknowledges having read and understood those present General Terms and Conditions.
With all purchase on Trademark Registrar Website Trademark-Registrar.com, You accept the present Terms and condition in their entirety and without exception.
The Terms and conditions may be modified and changed at any moment. The actual Terms and Conditions will always be published on Trademark Registrar Website.
- You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Website
You can register European Community Trade Marks via Trademark Registrar’s Web Site. Further to this we offer additional Services such as Trade Mark Research, Trade Mark Watch, Trade Mark Consulting or Domain Name Registrations.
2.1 Trade Mark Registration
Trademark Registrar registers your Trademark in all the Countries of the European Union including 1 class. The Registration Process may take 6 months or more. Trademark Registrar keeps you informed about all steps concerning the Registration Process.
The Registration will be made via the European Trade Mark Office in Spain or local European Trademark Offices. These offices have the right to refuse any registration. In this case no refund is made as the European Trade Mark offices do not refund any Registration fee. If a refund is made by the European Trade Mark Office, Trademark Registrar might consider a refund. Refusal may be that the Name is already registered in any of the EU countries or in the European Trade Mark Database or that someone made a funded opposition against the Registration or that your name does not fit the regulations of Trade Marks.
To be able to register your Trade Mark Trademark Registrar needs detailed information about you and your company. You guarantee that the information you provide via, the Website, Documentation provided by You via E-Mail or Postal way is correct. Un-correct information may result in additional costs or the refusal of your Trade Mark registration.
2.2 Trade Mark Research
A Trade Mark Research is not necessary but highly recommended. Trademark Registrar is checking the Databases of all countries of the EU if the Name You want to register is not registered. If the Name is registered in any country of the EU it is highly possible that the official Trade Mark Office refuses the Registration or that the local Trademark owner launches a dispute to the Registration.
The Trade Mark Research will be made within 2-5 working days after reception of payment. You will receive a detailed report including an estimation if it is possible to register the Trademark and including a Domain Name Research for all EU Domain Name Endings.
2.3 Trademark Watch
After the successful Registration of your Trade Mark we can offer You the Service of monitoring your Trade Mark. We verify on a regular base all the local EU Trademark Databases to check if no one wants to register your Name. In case that someone wants to register yours or a similar name we will immediately inform you and propose the necessary steps to avoid the registration. These Steps might have additional Costs and will be handled by our lawyer.
2.4 Domain Name Registrations
Together with your EU Trademark we could register your Domain Name with all EU TLD’s (Domain Endings) In case if someone has already a Domain Name with your Trademark Name, Trademark Registrar could launch a dispute at the responsible Domain Name Registry, this has additional costs.
3 Account Creation, Orders
Before ordering You have to create a user account at Trademark Registrar Website. The creation of the user account includes a username and a Password to access Trademark Registrar Management Platform. On this Platform you can see the Services you have with Trademark Registrar, Invoicing and your Details. This Platform allows Trademark Registrar to identify you as a customer. You are responsible for the correct treatment of the Access Details. Any instructions received by Trademark Registrar which includes Your customer Details shall be presumed to have been submitted by You. Trademark Registrar cannot be held responsible for any misuse or fraudulent use of your Login details.
If You have lost your Login name and/or Password or if you think or know that your Login Name and/or Password are available to any third party, you shall modify your Login Name and your password immediately and without delay.
To create the account You have to inform Trademark Registrar about your Address, Name, Company, etc. those information have to be correct as they appear on all official letters, invoices, etc. You have to inform Trademark Registrar immediately in case if some or all of that information changed or are not valid any longer. You shall notify Trademark Registrar in written, by letter or email (the email you used in your account) of any modification.
4 Customer Obligation
4.1 You have to provide all necessary, correct information to Trademark Registrar. Under no circumstances Trademark Registrar shall be responsible or liable for information submitted by you and any loss or damage that may arise from these information. You have to pay Trademark Registrar for any costs or expenses arising from any damage or loss coming directly or indirectly from wrong or erroneous information provided by you or a third party who has access to your Trademark Registrar account.
4.2 You have to provide Trademark Registrar with all necessary documents to register Domain Name(s) in case if needed. If those documents are not available at the moment where they are needed Trademark Registrar cannot register Domain Name(s). Any failure on this could prevent Trademark Registrar from providing the demanded service(s). Trademark Registrar cannot be made responsible or liable from any loss or damage arising from this failure on this.
4.3 You declare that you have read, understood and accept the general Terms and conditions of any document issued by any national or international authority within whose purview your Domain Name registration activity falls.
4.4 You shall take all necessary steps to ensure that the registered Trademark or Domain Name does not violate any law or regulation currently enforceable in Luxembourg or elsewhere in the world pertaining to public order, public security and public decency. If this is not the case, You will be solely responsible for any violations of such rules or laws.
4.5 You shall not send emails including Viruses, Trojan Horses or other security relevant Programs. If Trademark Registrar has any damage or loss due to this you will be entirely responsible for this.
4.6 It is understood that the “User,” by virtue of accessing the Website, or using its services, expressly waives any indemnification, claim or right that he/she/it may have against Trademark Registrar and its representatives and Partners.
4.7 Under no circumstance will the Trademark Registrar and/or employees of Trademark Registrar or the Attorneys be responsible for any damages that the “User” may incur while using the “Website” or any link to the site, except when expressly provided to the contrary. The extent of this liability clause is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.
5.1 The actual valid prices are those indicated on the Trademark Registrar Website. All prices are in Euro without VAT. VAT is charged at the end of the registration process where the total amount of the order is indicated.
5.2 Prices indicated are fix prices and are not negotiable.
5.3 Unless otherwise determined by Trademark Registrar all orders have to be paid immediately via Bank transfer. The order will be valid if we receive the complete amount on our Bank Account indicated on the invoice which you will receive by email.
5.4 You agree that all invoice for services provided by Trademark Registrar is transmitted to you by email to the address provided by you in the contact information. You can ask Trademark Registrar to send a Printed invoice, this invoice will be charged a reasonable amount for stamp and administrational work. In view of this fact the email provided by you in the contacts must be available 7 Days a Week.
6. Payments All payments have to be done via Bank Transfer. For all Bank Transfer please use the account indicated on the Invoice using the Invoice Number as Reference for the transfer.
All orders will only be executed if the full amount is paid. If the order is only paid partially the order will not be executed.
7. Force Majeur
Trademark Registrar will make every effort to keep its Web Site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Trademark Registrar liable for any of the consequences of such interruptions.
8. Applicable law and Jurisdiction
8.1. Any order, acceptance or contract arising there from shall be governed by the laws of Germany.
8.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved on a friendly shall be subject to the sole jurisdiction of the courts of the city of Saarbrücken.
Any contact is done via E-Mail or contact Possibilities via the Website (“Contact Forms”) the main Email Address is firstname.lastname@example.org