PLEASE READ AND REVIEW THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT ACCEPT THE AGREEMENT, PLEASE DO NOT USE THE SITE.
The terms of this Agreement apply to the web site TrademarkMarketPlace.com (hereinafter “TMMP”).
Postal address: c/o Neomark Sarl, 14a rue de la Gare, L-4924 Hautcharage (Grand-Duchy of Luxembourg)
Neomark reserves itself the right to change the Agreement anytime and the use of the Site will be submitted to the most recent Agreement, available on the Site at the moment of the use.
All services provided by Neomark are conducted by patent and trademark attorneys authorised to practice before the trademark offices.
1. Prior definitions
For all the intents and purposes of this Agreement, the following definitions will apply:
Agreement is the present AGREEMENT ON THE TERMS AND CONDITIONS OF USE.
The present website TMMP has the mission of allowing the sale, acquisition, license in and license out of trademark rights, as well as promoting related intellectual property services, including assignment recordal, license recordal, appraisal of trademarks, as well as other related services offered by Neomark.
Lawyer is the attorney or firm of attorneys in charge of the services requested by you within the Territory and acting in the ordinary course of its business
Contracting Parties are you and Neomark. Neomark is responsible for all services requested by you.
Charge is the amount of money, in the currency specified in each case, that you must pay in the Site TMMP in order to receive the contracted service.
Power of Attorney is the written and legalized authorization that you delivers to Neomark 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 you should fill out on the Site with the data therein required for Neomark and the Lawyer to render a specified service.
Specific Contract is the agreement whereby the Neomark commits to you to perform the services requested from Neomark 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 Patent, Trademark, Registered Design or Domain Name that he/she/it wishes to register and that identifies him-/her-/itself as such in the Registration Request for Patent, Trademark, Registered Design or the Registration Request for Domain Name. The Titleholder may be a natural or legal person and act by him-/her-/itself or through his/her/its representative.
You are the Titleholder or his/her/its representative, identified as such by accessing the Site and you are responsible of delivering all the information in each of the Site Service Application Forms. It is understood that you, when being a representative, are expressly authorized by the Titleholder to deliver this information in the Site. Neomark will maintain its communications with you.
Registration Authority is the Governmental Authority of the country where the Lawyer requests and files the trademark registration.
The Site is the site www.Freylinger.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 you through the Site.
2. Information provided
The information published on the current site shall be considered as commercial communication in the sense of the law of 14 August 2000 on electronic commerce. By accessing the website TMMP, all users accept in advance any communication of a commercial nature that they receive from Neomark or its related partnerships or corporations via the site or electronic mail.
The information available at this Site was prepared on the basis of publicly available information, internally developed data and other sources believed to be reliable. This information is subject to change without notice. Reasonable care has been taken to ensure that the materials are accurate and that the opinions stated are fair and reasonable. All opinions and estimates constitute our judgment as of publication and do not constitute general or specific legal advice. Products and services may not be available to or suitable for you. The information on this Site is provided with the understanding that the authors, publishers and Neomark are not herein engaged in rendering legal or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal advisers. You may wish to consult us to obtain a specific information or proposal concerning your situation and legal obligations and risks before making any decision.
The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, Neomark does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses.
3. Money Back Guarantee policy
Money Back Guarantee means you're protected if the trademark you acquired or licensed in is not transferred or finally licensed within 30 business days as from the execution of the transfer or license pre-agreement through the Site. You will then get your money back.
If the seller doesn't respond within 3 business days or doesn't give you a refund after having contacted him, you can submit a request to report that the transfer or license has not occured. We'll review the details of your case and make a decision within 48 hours.
Are not covered:
- Buyer remorse or any reason other than not obtaining the required trademark transfer or license
- Duplicate claims through other resolution methods
If we determine that the item wasn't successfully delivered or collected, a refund of the full cost of the trademark transfer or license is sent to the original payment method. The seller or licensor is required to reimburse Neomark for the amount of the refund.
The buyer is responsible for paying any customs and duty fees.
The Parties have an opportunity within 30 days from when we make a decision about a transaction issue to appeal the decision by providing appropriate documentation. Neomark reserves the right to seek reimbursement from the seller or licensor if a buyer or licensee successfully appeals.
4. Limitation of liability
The present limitation of liability is made for the benefit of Neomark and Neomark’s related partnerships or corporations, or the partners, agents or employees thereof.
a. General limitation of liability
The visitors access the Site through the communication network of Internet. They declare to be aware of the risks and to accept them. Neomark cannot be held liable for any damages incurred by the visitor during or after browsing the Site.
All internet users are reminded that they must take appropriate steps to protect data and/or software from virus attacks.
Neomark reserves itself the right to stop at anytime all or partial supply of information.
Although it is intended that this site should provide accurate and timely information which has been obtained from sources that are considered reliable, its content may not be accurate, complete or current and might contain technical inaccuracies or typographical errors. Neomark strives to limit to the most extent possible any inconveniences caused by errors. Neomark declines any responsibility about problems which may arise from the use of the Site.
The information contained in this Site is not to be considered as creating an attorney-client relationship and can not be used for any other purposes than for general information. This information shall not be taken as an official source of information or as a substitute for professional advice, so that it is strongly recommended to the visitor to check the content on his own. Before undertaking any action or refraining from acting based on any information contained in this Site, it is strongly recommended to seek professional advice.
Neither Neomark nor any of its agents or sub-contractors, to the fullest extent permitted by applicable law and/or regulation, shall be liable under any circumstances for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, claims or demands, including lost profits, even if Neomark is advised of the possibility thereof or had reason to know of the possibility of such damages, claim or demand, arising in any way from, including but not limited to:
- Any defects, viruses and any other malfunctions caused to any equipment and other software in connection with access or use of this site,
- The information provided on or via this site,
- The interception modification or misuse of information transmitted to Neomark or transmitted to you,
- The misuse of this site,
- The functioning or non-availability of this site,
- The loss of data,
- Downloading or use of any software made available by this site, or
- Claims of third parties in connection with the use of this site.
Neomark also hereby expressly disclaims all warranties, express, statutory or implied, regarding this Site and its contents, including but not limited to all warranties of merchantability, non-infringement, fitness for a particular purpose or use and all warranties arising from course of performance, course of dealing and/or usage of trade or their equivalents under the applicable laws and/regulations of any jurisdiction.
b. Services rendered through the Site
Neomark is only responsible for rendering the services for which it has been contracted through the Site.
Neomark and the Lawyer take upon no responsibility in the event that a Trademark is not admitted for registration. You accept ab initio that any objection, opposition, or rejection that prevents the further processing of the registration request, is not the responsibility of the Neomark, its directors, its employees, and its Lawyers, and hereby waives any indemnification.
Neomark and the Lawyer are obligated to render the requested service after:
(i) it has received from you the information required in the respective Request for Service contained in the Site
(ii) payment of the respective charge, and
(iii) the Power of Attorney, in such cases where this is necessary.
All the actions taken by Neomark and the Lawyer will be performed according to the information delivered by the User. To such effect, Neomark and the Lawyer will not accept any responsibility if such information infringes any third party rights or contains errors or omissions. You are absolutely responsible for the data delivered in any Request for Service available in the Site whether recommended or not by Neomark. You declare that by virtue of filling out the form of any Request for Service on the Site you guarantee to Neomark that all the information supplied in them is true and based on the principles of mercantile bona fide and further guarantees that you know this Agreement in its entirety as well as the remaining contracts associated with it.
The surveillance service and the search service for Patents, Trademarks, Registered Designs and/or Domain Names may contain errors or omissions derived from the information available in the data banks, whether proprietary or not, of the Registration Authority or of the Registration Administration which may themselves contain errors or omissions. You releases any such responsibility on Neomark 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 Neomark made according to this information.
Upon submittal of the Service Request and if you are not the Titleholder, you certify that you are authorized by the Titleholder to request the services and bind him/her/it according to the terms of this Contract.
You are responsible to contract in the Site, within the deadlines established by Neomark, the legal services in case of objections, oppositions, and refusals in the processing of the Request for Service. You 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. You 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 Neomark within the terms for reply that Neomark indicates.
You by means of this Agreement, declare that you are wholly responsible for any claim, procedure, damage, injury, loss, or cost that may arise from, or that is related to your deeds.
YOU and you alone are responsible for the search terms and criteria entered into each online search you perform. It is your obligation to submit your online request. The search results contained in the trademark search report apply only to the exact name searched. The data contained in your trademark search results is for information purposes only, and does not constitute individual legal advice. Your review of the results does not establish any form of attorney-client relationship. Reasonable steps are taken to ensure the accuracy and completeness of a trademark search report. We cannot, however, verify that every possible identical or substantially similar mark to that which you have requested will be found in our search or named in the trademark search report. A variety of factors can lead to the incompleteness of a report, including, but not limited to the following:
(1) incomplete records;
(2) inaccurate records;
(3) records that have not been updated; and
(4) human and/or computer error. These records can be from any of the sources that we utilize to complete a report.
5. Copyright and reproduction notice
The Site, jointly with all its contents, including its layout, is governed by the intellectual property law, particularly the law on copyrights and trademarks. Any program, publication, design, product, process, software, technology, information, know-how, or idea described in this document may be the subject of other rights, including other intellectual property rights, which are owned by Neomark, its related partnerships or corporations or other interested parties and are not licensed to you hereunder.
Neomark, or the relevant owner, does not provide any license, authorization, user right, acceptance or any other right or title linked to the intellectual property it owns in the Site or its contents. Any reproduction or representation, in whole or in part, of these pages, data and any other element which is part of the site, by whatever process or tool, any transmission (by electronic means or otherwise), any modification, any use or creation of a link to the whole or part of the site for public or commercial purposes are accordingly forbidden without the prior written consent of Neomark.
Except stated to the contrary, the visitor is allowed to read, download and print documents and information under the following conditions:
- The documents and information can not be changed in whatever way, and
- The documents can not be reproduced apart from the Site.
The rights implicitly or explicitly granted to the visitor are an authorization of use and, in no case, shall constitute a transfer of rights, property or another transfer or creation of rights, titles or tolerances, in relation to the Site.
In the event of any conflict between the terms and conditions of specific products and services and this Agreement, the conditions specific to such products and services shall prevail.
6. Linked sites
Neomark does not systematically reviewed the content of its linked sites and has not verified the truth, accuracy, reasonability, reliability or availability of these sites. Neomark is not responsible for the content presented on other Internet sites, neither for their lawfulness nor for the accuracy of the information contained therein. It is your responsibility to ensure that you meet the criteria required to access such websites.
7. Privacy Statement
Neomark will provide a password to you or a personal access keyword, to access your customer account. You will be responsible for the custody and nondisclosure of this password as well as of its use.
Users of the website TMMP are informed that their personal data may be used by Neomark, its related partnerships or corporations or other interested parties and automatically processed. The identifying data that you may submit to the Site (The Data) will be treated in accordance with the Luxembourg law of August 2nd, 2002 on private data protection and the Luxembourg Law of 31 March 1979 regulating the use of personal data in computer programmes.
Your IP address may be automatically registered with the system, for functional reasons. This does not identify you personally and you remain anonymous unless you have voluntarily provided identifying data.
It may occur that you are requested to provide certain Data such as your name, your mailing address, your e-mail address, and other data such as your country, area as well as any other information requested via a specific form.
Personal data may be temporarily stored in the memory or registered on your own computer equipment for purposes of facilitating navigation on the site TMMP (cookies). You authorise Neomark or its related partnerships or corporations to act accordingly.
The Data will not be communicated to non-authorized third parties and will only be collected to allow you the use of various tools with informative purpose and for the establishment of statistics or trends. The Data will not be used for any other purposes than the indicated and will not be kept within our systems beyond the necessary timeframe to achieve this goal. Submitting Data is optional but some tools of the Site TMMP can only work if the Data is provided.
Neomark will take all possible measures in order to secure the Data. However, it cannot eliminate all the risks related to the use of the Internet. Thus, at the time of submitting the Data, you must be aware that other users of the Internet can possibly manage to visualize the Data.
Further to the law on private data protection, you are allowed to access, modify or to oppose yourself to any processing or your Data. To use that right, you may contact Neomark per mail at the following address:
14a rue de la Gare, L-4924 Hautcharage (Grand-Duchy of Luxembourg)
Email address: firstname.lastname@example.org
We value your privacy and cares about the way in which your personal information is treated.Personal information collected by us is protected by the Law of 2 August 2002 on the Protection of Persons with regard to the Processing of Personal Data.
a. What personal information do we collect about you?
We may collect personal information from you in the course of our business, including through your use of our website, when you contact us or request information from us, when you engage our IP-related, legal or other services or as a result of your relationship with one or more of our staff.
The personal information that we collect and process includes:
- Basic information, such as your name (including name prefix or title), the company you work for, your title or position and your relationship to a person
- Contact information, such as your postal address, email address and phone number(s)
- Information about your existing intellectual property ("IP") rights
- Financial information, such as payment-related information, VAT number, bank account number
- Technical information, such as information from your visits to our website or applications or in relation to materials and communications we send to you electronically
- Information you provide to us for the purposes of attending meetings and events
- Identification and background information provided by you or collected as part of our business acceptance processes
- Personal information provided to us by or on behalf of our clients or generated by us in the course or providing services to them, which may include special categories of data
- Any other information relating to you which you may provide to us.
In Luxembourg, the processing of ‘sensitive personal data’ is prohibited. Sensitive personal data is information about or which reveals your racial or ethnic origin, political opinions, religious, philosophical or similar beliefs, trade union membership, physical or mental health, sexual life, commission of criminal offences and/or involvement in criminal proceedings. We ask that you do not send us any sensitive personal data.
b. How we obtain your personal information
We collect your personal information while establishing first and further business contacts and while preparing our analyses, legal and IP-related advice and other core activities which you are entrusting to us.
We collect information from you as part of our business acceptance processes and about you and others as necessary in the course of providing IP-related services.
We collect your personal information while monitoring our technology tools and services, including our websites and email communications sent to and from us.
We gather information about you when you provide it to us, or interact with us directly, for instance engaging with our staff or registering on one of our digital platforms or applications.
We may collect or receive information about you from other sources, such as keeping the contact details we already hold for you accurate and up to date using publically available sources.
c. How we use your personal information
We collect and process personal information about you in a number of ways, including in the provision of our services and through your use of our website. We use that information:
- to provide you with a service and/or goods you might be interested in
- to provide you with information about Intellectual Property
- to communicate with you about our services, courses, events, and products, which we believe may be of interest to you
- to respond to your feedback or complaints, and to answer your enquiries and/or in relation to any other purpose for which it was requested and which was advised to you or directly related purposes, such as our activities directly related to our core functions (i.e. personal information collected during any counselling session)
- to provide and improve this website, including auditing and monitoring its use
- to provide and improve our services to you and to our clients, including handling the personal information of others on behalf of our clients
- to provide information requested by you
- to promote our services, including sending IP-related updates, publications and details of events
- to manage and administer our relationship with you and our clients
- to fulfil our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims
We might use personal information to understand whether you read the emails and other materials, such as IP-related publications, that we send to you, click on the links to the information that we include in them and whether and how you visit our website after you click on that link (immediately and on future visits). We do this by using software that places a cookie on your device which tracks this activity and records it against your email address. If you receive marketing communications from us and no longer wish to do so, you may unsubscribe at any time by contacting us at email@example.com.
We collect, create, hold and use personal information in the course of and in connection with the services we provide to our clients. We will process identification and background information as part of our business acceptance, finance, administration and marketing processes, including anti-money laundering, conflict, reputational and financial checks. We will also process personal information provided to us by or on behalf of our clients for the purposes of the work we do for them. The information may be disclosed to third parties to the extent reasonably necessary in connection with that work.
d. Your rights regarding your personal information
The General Data Protection Regulation of the European Union and other applicable data protection laws provide certain rights for data subjects.You are entitled to request details of the information we hold about you and how we process it. You may also have a right, in accordance with applicable data protection law, to have it rectified or deleted, to restrict our processing of that information, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to another organisation. You may also have the right to lodge a complaint in relation our processing of your personal information with a local supervisory authority.If you object to the processing of your personal information or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above(see ‘How we use your personal information’), that you may not be able to make use of the services and products offered by us, or that you may lose rights due to the absence of required information. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or otherwise permitted by law.We must ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information by contacting us at firstname.lastname@example.org
8. Online Communication
Messages that you send to Neomark or its related partnerships or corporations by email may not be secure. Neomark recommends that you do not send any confidential information to Neomark by email. If you choose to send any messages to Neomark or its related partnerships or corporations via email, you accept the risk that they may be intercepted, misused or modified by a third party. Furthermore, and if such even occurs, you agree to release Neomark or its related partnerships or corporations from its secrecy obligations.
Access to the site is free, and excludes the costs of Internet access by Internet providers and telephone communication, which is billed directly to the client by the operator.
The Charges for the different services of the Site are those in force at the time of your payment.
As consideration for the services requested, you agree to pay Neomark applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree 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.
Neomark will not return the Charge paid for errors or omissions made by you 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.
You accept and declare that if you don’t contract certain services within the term required by Neomark it will be assumed ipso jure that you relinquish your interest in pursuing the processing of the respective Request for Service, therefore terminating the Specific Contract without any refund of money whatsoever by Neomark.
10. Security in payments
Credit card payments will be processed through an accredited credit card processing company. This company has high-security measures in order to protect losses of information, misuse, or alteration of information. The site owns secure servers and all the personal information is totally encrypted during the transaction.
All wire payments are accepted.
11. General dispositions
The delays and errors resulting from force majeure will not be considered a breach of services of Neomark 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 Site derived from major technical problems as determined by Neomark.
Neomark may terminate this Agreement, the Contract, and the authorization to you to use this Site from the moment you cease to comply with your obligations with Neomark Any inaccurate information given by you will be a cause for termination of this Agreement or if you refuse to update or deliver the requested information, or when you don’t provide instructions within the terms required by Neomark to continue processing of the contracted services.
All communications between the parties will be via e-mail or fax and to the addresses of the contracting parties, unless otherwise required by legal or practical requirements and previously agreed between the Contracting Parties.
Neomark reserves the right, without expression of cause, to reject any request for service.
Waiver of a breach of this Agreement shall not constitute a waiver of any other breach. All remedies under this Agreement are in addition to equitable remedies and remedies provided by law and are cumulative. Failure to enforce any provision of this Agreement shall not constitute a waiver or create an estoppel from enforcing such provision. Any waiver of a provision of this Agreement shall not be binding unless such waiver is in writing and signed by the waiving party.
In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You agree that this Agreement amounts to the complete and exclusive agreement between you and Neomark. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.
12. Applicable law
Any dispute in connection with the use of the Site is governed by the laws of Luxembourg.
Neomark and its related partnerships or corporations undertake to respect all Luxembourg laws and regulations applicable to the use of an Internet site. All litigation with respect to the current site shall be submitted to the exclusive jurisdiction of the district court in and of Luxembourg. Any access to this site shall be considered to have taken place at the operating office of Neomark at the date and time shown on the TMMP server, with the log of connections serving as proof of this.
In the event of a discrepancy or difference in interpretation between various language versions of this Agreement, the English language version shall prevail.
Each party shall pay its own costs and expenses of litigation.