Terms & Conditions
1. Introduction and Contact Details
1.1 In the following, “the Company” shall refer to
Patents & Trademark SL
Duque de Rivas 5
and “the Client” shall refer to a client of the Company, a user of services provided by the Company or a visitor of websites provided by the Company.
1.2 trademarkprotector.com is an offer of the Company. By accessing this website, contacting the Company and by ordering services from the Company, the Client accepts the following terms.
1.3 Unless otherwise agreed, the Company can be contacted via email at firstname.lastname@example.org or by using the contact form on this website
2.1 The primary method of communication is email. Any notification sent to the email address the Client provides to the Company shall be deemed as delivered.
2.2 The Company may send automated notifications confirming the receipt of an email. The Client shall In no case consider such automated notifications of the Company as an agreement or acceptance of instructions.
2.3 The Company will confirm to the Client once an email has been read and inform whether or not it accepts orders or other instructions. The Client shall In no case consider the lack of a reply of the Company as an agreement or acceptance of instructions.
3. Prices, Ordering, Cancellations and Refunds
3.1 Prices stated in the Company’s offers and proposals are exclusive of taxes and levies unless the contrary is expressly stated on a case by case basis.
3.2 Proposals are based on the data furnished by the Client and shall be valid up to fourteen days after the date the proposal was created. After fourteen days the proposal shall automatically lapse.
3.3 To proceed with a proposal, the Client needs to agree to the terms and express his wish to place an order based on the proposal. An order shall only be deemed effective upon the Company’s written confirmation. The effective date of the order shall be the date of dispatch of the Company’s order confirmation.
3.4 The Company reserves the right to decline Orders or other instructions.
3.5 Upon commencement of an Order, the Company shall invoice the Client in accordance with the agreed fees. The Company may, at its sole discretion, provide some free consultation and free research. All payable services will only be rendered upon receipt of full payment.
3.6 The Services are bespoke and as such the Client shall not be eligible for any refund or returns for any Services commenced.
4. Order Processing
4.1 The Client is aware that applications for the registration of trademarks in average will take twelve to fifteen months to be processed.
4.2 In the event that a term is set for filing documents or information or for any other action, the Company shall endeavour to take any action required to the best of its ability and provided the Company has been furnished with the relevant information or documents necessary to complete the action by the Client without delay.
4.3 In the absence of written instructions, information or confirmation from the Client, the Company shall be entitled (but never obliged) to act at its discretion, which shall be at the Client’s risk.
4.4 In the event of a renewal of a registration of intellectual property, or other acts required to maintain an existing registration, the Company shall endeavour to provide the Client with adequate notice of the applicable deadlines and terms of registration. The Client must provide written instructions to the Company at least 10 business days prior to any given deadline. The Company shall have no liability for any missed deadlines under any circumstances.
4.5 Where an Order for a search is submitted, the Company’s duty shall be limited to searching intellectual property that has already been entered into the relevant public registers and that has been made public by the relevant bodies unless expressly agreed in writing by the Company. Any registrations or applications of intellectual property not yet made public are included in the Company’s search enquiries only insofar as they can be identified in the normal course of a search. The Company shall not have any responsibility for searching other registers not specified in the Order.
5. Limitation of Liability
5.1 Although the Company devotes its highest attention to keeping all information on its website current and correct, it does not make any guarantees for information and fees quoted online. Before placing an order, the Company will provide the Client with a written proposal. Unless otherwise agreed, only such written proposal and these terms and conditions shall constitute the agreement between the Company and the Client. Oral commitments shall not bind either party unless these have been expressly confirmed in writing.
5.2 The Company does not guarantee completeness of, or the result of, any research, translation, language check, investigation or monitoring. Letters of opinion and advice concerning the ability to protect and/or register a trademark are given free of obligation and without any guarantee. The Company accepts no responsibility for establishing whether an intellectual property right is eligible for registration or protection and provides no guarantees that an application will be approved by the applicable registrar within a specific period of time.
5.3 Any advice born out of an intellectual property search by the Company is provided free of obligation and any decision to register, protect or exploit any intellectual property such as trademarks, and any other decisions further to a search are taken by the Client who shall do so at his own risk. The Company shall have no liability to the Client for the success or failure to research, register, monitor or renew a trademark in any territory.
5.4 Any liability in connection with the provisions of Section 4 of the Paris Convention (so-called ‘Convention Priority’) is expressly excluded by the Company.
5.5 The website, any content provided on the website, any third party services used by the Company and any Services listed on the website are provided without any guarantees, conditions or warranties as to accuracy, functionality and condition. To the maximum extent permitted by law, the Company hereby expressly excludes:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- liability for any delay or failure to comply with obligations under these conditions if the delay or failure arises from any cause which is beyond the Company’s reasonable control; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user or the Client in connection with the website or in connection with the use, inability to use, or results of the use of the website, the content of any websites linked from the website and any materials posted on the website (whether by the Company or a third party), including, without limitation, any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.
5.6 The Client agrees to indemnify the Company from any legal claim or demand that arises from his actions, his use (or misuse) of the website or services offered or rendered by the Company, his breach of the Terms or his account’s infringement of someone else’s rights.
6. General Provisions
6.1 The Company allows access to the website on a temporary basis and reserves the right to withdraw, restrict or change the website at any time and without notice. The Company will not be liable if for any reason the website is unavailable at any time or if the content is changed or out of date.
6.2 These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between the Company and the Client.
6.3 The Client must not use any part of the website for commercial purposes without a licence from the Company. The Client may not reproduce in any format (including on another website or mobile website) any aspect of the website (including content, images, designs, look and feel) without prior written consent of the Company.
6.4 The name trademarkprotector and other marks, phrases, logos and designs the Company uses in connection with the website are trademarks, service marks or trade dress of the Company. You require the express written permission of the Company to use its trademarks, service marks or trade dress.
6.5 Any content made available on the website (including links to other sites, websites and resources provided by third parties) are for information only, and the Company shall not be liable for any use of, or reliance on, such materials. It shall be the Client’s own responsibility to ensure that any products, Services or information available through the website meets his specific requirements.
6.6 These Terms, including all of the other documents that make up the Terms, supersede any other agreement between the Client and the Company regarding the website and services offered or rendered by the Company. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. The Company’s failure to enforce any part of the Terms is not a waiver of the Company’s right to later enforce that or any other part of the Terms.
6.7 The Company may amend the Terms at any time by amending this page. If the Company believes the changes are material, the Company will let the Client know by i) notifying the Client via the website, or ii) sending the Client an email about the changes. The Client is responsible for reviewing and becoming familiar with any changes. The Client’s use of the website or services of the Company following the changes constitutes his acceptance of the updated Terms.
6.8 The Spanish arbitration courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the website and any offers, proposals, contracts and agreements between the Company and the Client.
6.9 The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Spain.
The Company understands the Client’s privacy is of utmost importance. To better protect the Client’s privacy the Company provides this notice explaining its online information practices and how the Company protects data and correspondence the Client submits to the Company.
The Company uses the information the client provides only to render consultation and to complete order processing. The Company does not share this information with outside parties except to the extent necessary to complete that order. None of the information the Client provides will be sold, rented or otherwise released to any marketing or advertising companies.
To prevent unauthorised access, maintain data accuracy and ensure the correct use of information, the Company has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information collected. To better safeguard the Client’s information, it is not available for review or changes on the Company’s web server. If the client wishes to update his personal information he can contact the Company. To protect Client’s privacy and security, the Company will also take reasonable steps to verify the Client’s identity before granting access or making corrections. The Client must ensure the Company always has his current contact details on file.
8.2 What cookies are
Cookies are small text or code files stored in a web browser. Cookies allow the Company or a third-party to recognise users and website visitors. Cookies can be “persistent” or “session” cookies.
8.4 Third-party cookies
In addition to its own cookies, the Company may also use various third-parties’ cookies to report usage statistics from the website, deliver advertisements and feedback on and through the website.
8.5 Client choices regarding cookies