Philippines Trademark Search & Registration
Terms & Conditions
AGREEMENT ON TERMS AND CONDITIONS FOR USE This agreement regulates the conditions of use for the web site www.trademark-asia.com
PLEASE READ AND REVIEW THIS “AGREEMENT” BEFORE USING THE “WEB SITE.” ANY USE OF THE “WEB SITE” BY THE “USER” INDICATES THAT HE/SHE/IT HAS READ ITS CONTENT AND EXPRESSLY ACCEPTS IT. IF YOU DO NOT ACCEPT THE “AGREEMENT,” PLEASE DO NOT USE THE “WEB SITE.”
I. PRIOR DEFINITIONS
For all the intents and purposes of this Agreement, the following definitions will apply:
“Lawyer” is the attorney or firm of attorneys in charge of the services requested by the “User” within the “Territory” and acting in the ordinary course of its business
“Agreement” is the AGREEMENT ON THE TERMS AND CONDITIONS OF USE.
“Company” is trademark-international.com., the corporation that has the mission of promoting and rendering the services of trademark registration and other related services.
“Contracting Parties” are the “User” and the “Company.” The “Company” is responsible for all services requested by the “User”.
“Charge” is the amount of money, in the currency specified in each case, that the “User” must pay in the “Web Site” in order to receive the contracted service.
“Power of Attorney” is the written and legalized authorization that the “User” delivers to the “Company” and to the “Lawyer” so they perform all the actions required to register the Trademark on behalf of the "Titleholder."
“Service Request“ is the form that the “User” should fill out on the “Web Site” with the data therein required for the “Company” and the “Lawyer” to render a specified service.
“Specific Contract“ is the agreement whereby the “Company” commits to the “User” to perform the services requested from the “Company” through a specific “Request for Service” contained in the “Web Page.” The ‘User” in turn commits to deliver all the information therein required together with the payment of the “Charge” for the requested service.
“Titleholder” is the owner of the Trademark that he/she/it wishes to register and that identifies him-/her-/itself as such in the Registration Request for Trademark. The “Titleholder” may be a natural or legal person and act by him-/her-/itself or through his/her/its representative.
"Trademarks Office" is the Governmental Authority of the country where the “Lawyer” requests and files the trademark registration.
"User" is the “Titleholder” or his/her/its representative, identified as such by accessing the “Web Site” and he/she/it is responsible of delivering all the information in each of the “Web Site” Service Application Forms. It is understood that the “User,” when it is a representative, is expressly authorized by the “Titleholder” to deliver this information in the “Web Site.” The “Company” will maintain its communications with the “User.”
“Web Site” is the site www.trademark-international.com, in which services related to the Registration of Trademarks are offered.
“Territory”, it comprises the country territory on which the “Lawyer” will exclusively render the services requested by the “User” through the “Web Site”
II. GENERAL RULES
1. The trademarks and logos used in the “Web Site” are protected by the standing rules and regulations on Industrial and Intellectual Property and may not be used in any way whatsoever by third parties without the authorization of their owner.
2. The "Web Site" contains materials, designs, graphics and images that are owned by trademark-international.com. and that are protected by the rules and regulations on Copyright. These materials or any part of them may not be reprinted, published, distributed, relayed, or transferred in any way whatsoever without the prior authorization of trademark-international.com.
3. The “Company“ is only responsible for rendering the services for which it has been contracted through the “Web Site.”
4. It is understood that the “User,” by virtue of accessing the “Web Site,” or of using its services, expressly waives any indemnification, claim or right that he/she/it may have against the “Company” and its representatives.
5. Under no circumstance will the “Company,” its “Lawyers” and/or employees be responsible for any damages that the “User” may incur for the use of the “Web Site” or for any link to the site, except when expressly provided to the contrary. The extent of this limitation of responsibility is applicable to any damage 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.
The company’s service provided is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The company expressly disclaims any representation or warranty that the company’s service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by the company its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will the company or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the company’s service, including but not limited to reliance on any information obtained on the company’s service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to company’s records, programs or services. The subscriber hereby acknowledges that this provision will apply whether or not the company is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available from todays-weddings and its affiliates.
As consideration for the services requested, “User” agrees to pay the “Company,” applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, “User” agrees to: (1) provide certain current, complete and accurate information as required by the registration process and (2) maintain and this information updated as needed to keep it current, complete and accurate.
6. In spite of the efforts made by the “Company” the information delivered in the “Web Site may contain typographical or data errors which will be rectified immediately upon detection. The “User” takes upon all responsibilities and risks for the use of the “Web Site” and for the information obtained therein.
7. The “Company” and the “Lawyer” take upon no responsibility in the event that a Trademark is not admitted for registration. The “User” accepts ab initio that any objection, opposition, or rejection that prevents the further processing of the registration request, is not the responsibility of the “Company,” its directors, its employees, and its “Lawyers,” and hereby waives any indemnification.
8. All the actions taken by the “Company” and the “Lawyer” will be performed according to the information delivered by the “User.” To such effect, the “Company” and the “Lawyer” will not accept any responsibility if such information infringes any third party rights or contains errors or omissions. The “User” is absolutely responsible for the data delivered in any Request for Service available in the “Web Site,” whether recommended or not by the “Company.”
9. The “Company” neither represents nor controls “other web sites” that can be accessed through the “Web Site” and, consequently, has no responsibility for the content, use, products, and services that may be available in those “other web sites.”
10. The surveillance service and the search service for Trademarks may contain errors or omissions derived from the information available in the data banks, whether proprietary or not, of the “Trademarks Office” which may themselves contain errors or omissions. The “User” releases any such responsibility on the “Company” or its “Lawyers” waiving any claim for indemnification due to error or because the information is incomplete, or because of the recommendations and propositions that the “Company” made according to this information.
11. Under no circumstance the “Company” and the “Lawyer” will be responsible for any damage, loss of data or their inputs incurred by the “User” as a consequence of his/her/its connection with the “Web Site” or due to the interruption of a communication, or due to malfunctioning of the “Company’s” servers.
12. The parties agree that the “Company” may change the terms and conditions of operation of this “Web Site,” without notification to the “User,” for reasons of good service or due to changes in the rules and regulations of the country in which the application is being filed. It is understood that the unmodified terms and conditions remain in full force and must be complied with by the parties.
13. The “Company” will provide a password to the “User,” or a personal access keyword, to access the web pages of “My Trademarks.” The “User” will be responsible for the custody and nondisclosure of this password as well as of its use.
14. The delays and errors resulting from force majeure will not be considered a breach of services of the “Company” or the “Lawyer”, including, but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’etat, or interruptions in the “Web Site” derived from major technical problems as determined by the “Company.”
15. Upon submittal of the Service Request, the non-“Titleholder” “User” certifies that he/she/it is authorized by the “Titleholder” “User” to request the services and bind him/her/it according to the terms of this Contract.
16. The “Company” will not return the “Charge” paid for errors or omissions made by the “User,” including, but not limited to, a breach in the terms of this “Agreement” and the delivery of incorrect information when submitting any “Request for Service,” or the incorrect modification of necessary information for the processing thereof.
17. The “User” is responsible to contract in the “Web Site”, within the deadlines established by the “Company,” the legal services in case of objections, oppositions, and refusals in the processing of the “Request for Service.” The “User” must be aware that the deadlines are binding, that is, 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.
18. The “User” accepts and declares that, if he/she/it does not contract certain services within the term required by the “Company,” it will be assumed ipso jure that he/she/it relinquishes his/her/its interest in pursuing the processing of the respective “Request for Service, ” terminating the “Specific Contract,” without any refund of money whatsoever by the “Company.”
19. The “Charges” for the different services of the “Web Site” are those in force at the time of payment by the “User.”
20. The “User” declares that by virtue of filling out the form of any “Request for Service” on the “Web Site” he/she/it guarantees to the “Company” that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that he/she/it knows this “Agreement” in its entirety as well as the remaining contracts associated with it.
21. The “User,” by means of this “Agreement,” declares that he/she/it is wholly responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to, his/her/its deeds.
22. The “Company” and the “Lawyer” are obligated to render the requested service after: (i) it has received from the “User” the information required in the respective “Request for Service” contained in the “Web Site,” (ii) payment of the respective charge, and (iii) the Power of Attorney, in such cases where this is necessary.
23. The “User” must provide and cooperate, during the processing of the “Request for Service” in an integral, complete and opportune manner, delivering precise and trustworthy information, and responding to the requirements for information requested by the “Company” within the terms for reply that the “Company” indicates.
24. The Trademark Registry confers to the “Titleholder” the right to use the Trademark in the way it is conferred and for the products, services, and industrial or commercial establishments included in such rights.
25. The Privacy Policies of the Site are an integral part of this “Agreement.”
26. The “Company” may terminate this “Agreement,” the “Contract,” and the authorization to the “User” to use this “Web Site” from the moment he/she/it ceases to comply with his/her/its obligations with the “Company.” Any inaccurate information given by the “User” will be a cause for termination of this “Agreement” or if he/she/it refuses to update or deliver the requested information, or when he/she/it does not provide instructions within the terms required by the “Company” to continue processing of the contracted services.
27. All communications between the parties will be via e-mail or fax and to the addresses of the contracting parties.
28. The “Contracting Parties” establish as their legal domicile the country where the Trademark registration is being requested or has been registered. This “Agreement” will be construed, interpreted, and governed by the laws of the country where the Trademark registration has been requested or is registered.
29. The “Company” reserves the right, without expression of cause, to reject any request for service.
Terms & Conditions
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