Allgemeine Geschäftsbedingungen

 


Allgemeine Geschäftsbedingungen

This Agreement is between GB TMRegistration UG (Haftungsbeschränkt) registered in Germany and You, your agents, resellers or successors (“You”), and is effective as of the date of the electronic execution or confirmed order by us. YourTM is a project of GB TMRegistration UG (Haftungsbeschränkt)

Those Terms regulates the use of YourTM Services and defines YourTM obligations to you and Your obligations to YourTM.

The customer acknowledges having read and understood those present General Terms and Conditions.

With all action on YourTM Website YourTM.eu, 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 YourTM Website.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Website

You can subscribe for European Community Trade Marks via YourTM Web Site. Further to this we will offer additional Services such as Trade Mark Research, Trade Mark Watch, Trade Mark Consulting, trademark check, classes of goods and services analysis or Domain Name Registrations.

1.1 Official definitions, law and status

YourTM assures having all authorizations that allows YourTM to offer the services they are offering.

YourTM has all people with the needed diplomas, certifications and other documents that are needed directly in the company.

All legal aspects and official representations are handled by Lawyer Frank Rollinger from Avocats à la Cour, Rollinger Oliveira 1, avenue Gaston Diderich L-1420 Luxembourg who is an official shareholder of the company GB TMRegistration UG.

EUIPO Certifications are personally held by Mr. Marc Schammel, official shareholder of the company GB TMRegistration UG shareholder.

All documentation can be requested via our official contact possibilities.


2.1 Trade mark subscription

YourTM offers you the possibility to subscribe for a European Community trademark. The subscription can be ordered for 6, 12, 18, 24, 30 and 36 months. The monthly fess can be seen on https://yourtm.euand the fees will be send to you before signing the subscription contract.

YourTM will register the Trademark under GB TMRegistration UG as owner. GB TMRegistration remains the owner of the trademark during the whole subscription period. After the subscription period and the reception of the full amount (Means if all monthly fees have been paid in full) YourTM will transfer the trademark to Your ownership. The transfer to You is free of charge.
 
YourTM will do a trademark check, to verify if the name can be registered as trademark. At the same time YourTM will analyse the classes of goods and services. Before launching the registration process YourTM will send the information to you for verification and to check if the classes have been defined correctly.
If this is the case YourTM will start the registration process.

YourTM keeps you informed about all steps concerning the Registration Process via email and via our individual customer portal.

Trademark filings might be refused for various reasons. 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.
Before filing a registration YourTM will check in depth if the name can be registered and if the name meets all requirements, to minimize the risk of a refusal.

To be able to create the subscription contract, YourTM needs detailed information about 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.

YourTM reserves the right to refuse applications for trademark subscriptions, even without giving a reason. The application for a subscription is free of charge.

2.2 Subscription payment

After acceptance of your application for a trademark subscription by YourTM, YourTM will send you a contract that needs to be signed by you. The signature can be made via the standard signing of the document or via e-signature.
After reception of the signed contract by YourTM we will launch the registration and payment process. Means the first monthly fee will have to be paid the day you sign the contract.
Payments can be made either via bank transfer or via credit card. YourTM offers automatic payments via Stripe credit card payments.
Monthly payments have to be made on the same day as the contract has been signed. F.ex. if a contract is signed on a 17th day, payments have to be at YourTM Account on each month on the 17th day.


2.3 Trademark ownership

As defined under paragraph 2.1 GB TMRegistration UG becomes the owner of the trademark during the subscription period. GB TMRegistration grants a right of usage to You. Means you can use the Trademark as if it would be yours. Except selling or leasing.
The protection of the name is given as it’s registered. As soon as the subscription period is over and all subscription fees have been paid. GB TMRegistration will transfer the trademark to your ownership.
To be able to do so, YourTM will have to create a EUIPO (European Union Intellectual Property Office) account for you. The trademark will then be transferred to this account.

The complete ownership definitions, may vary. The definitions will be defined in detail in the contract You will sign with YourTM.

In case of non-payment of the monthly subscription, YourTM has the right to sell or lease the Trademark to 3rd parties. In this case the subscription may cancelled and You will have no longer the right of usage for the trademark. In this case you will sign that you renounce on the trademark.


3.1 Account Creation, Orders

After the Registration process you will receive an access to your personal User Account. The Access will be send to the Email Account you have indicated during the order process. In this User Account you can see the Services you have with YourTM, Invoicing and your company details. This Platform allows YourTM to identify you as a customer. You are responsible for the correct treatment of the Access Details. Any instructions received by YourTM which includes your customer Details shall be presumed to have been submitted by You. YourTM 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 and inform YourTM immediately.
To create the account You have to inform YourTM 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 YourTM immediately in case if some or all of that information changed or are not valid any longer. You shall notify YourTM in written, by letter or email (the email you used in your account) of any modification or you change the information in your user account.
All payments will be treated and made via your customer account.


4 Customer Obligation


4.1 You have to provide all necessary, correct information to YourTM. Under no circumstances YourTM 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 YourTM 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 YourTM account.

4.2 You have to provide YourTM with all necessary documents needed to register trademarks. If those documents are not available at the moment where they are needed YourTM cannot register your trademark. Any failure on this could prevent YourTM from providing the demanded service(s). YourTM 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 registration activity falls.

4.4 You shall take all necessary steps to ensure that the registered Trademark does not violate any law or regulation currently enforceable in Germany, Europe 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 YourTM 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 YourTM and its representatives and Partners.

4.7 Under no circumstance will YourTM and/or employees of YourTM 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. Prices


5.1 The actual valid prices for the subscriptions are those indicated on the YourTM Website. All prices are in Euro without VAT. VAT will be charged, if applicable, on the monthly subscription fees. The complete amounts, including VAT, will be communicated before the registration process starts.

5.2 Prices indicated are fix prices and are not negotiable.

5.3 Unless otherwise determined by YourTM all orders have to be paid as defined in the respective paragraph via Bank transfer or credit card payment on the day defined in the subscription contract.

5.4 You agree that all invoice for services provided by YourTM is transmitted to you by email to the email address provided by you in the contact information. You can ask YourTM 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 or credit card. For all Bank Transfer please use the account indicated in the contract or on the Invoice using the Invoice Number, trademark reference name or the Trademark name as Reference for the transfer.

All orders will only be executed if the subscription contract is signed and the first monthly fee is paid.  

7. Force Majeure

YourTM 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 YourTM 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.

9. Contact

Any contact is done via E-Mail or contact Possibilities via the Website (“Contact Forms”) the main Email Address is [email protected]