Terms and Conditions (hereinafter referred to the “Terms”)
These Terms apply for provision of any service/ consultation that is ordered by the client (a company, other type of organization, natural person) through the web site www.iprockers.com.
1. GENERAL PROVISIONS
1.1. The web site www.iprockers.com is owned and operated by UAB CIBUS LIQUIDUS, company’s code 303304417, VAT registration No. LT100008598615, registered at S. Konarskio str. 8 – 37, Vilnius, Lithuania and acting in the accordance with the laws of the Republic of Lithuania (hereinafter referred to as IP Rockers).
1.3. IP Rockers is not a law/ patent firm and does not offer any type of legal advice, thus, no client-attorney relationship is created between IP Rockers and its client. IP Rockers offers registration and consulting services in the field of intellectual property. By ordering the services of IP Rockers, a client accepts that the services shall be provided by patent attorneys/ lawyers that cooperate with IP Rockers through use of the web site www.iprockers.com.
1.4. By entering your email address on our website, you agree to receive emails from IP Rockers. Any update or any email, which must be sent to IP Rockers client, will be sent to the provided email. Communication by other means shall not be performed by IP Rockers, therefore, you must ensure that your email address is accurate and inform IP Rockers immediately of any change of your email address.
1.5. The client must cooperate with IP Rockers and provide it with all the required information for due provision of the services. In case a client pays for the services, however, it does not provide due information for completion of the ordered assignment, the client’s payment shall not be reimbursed by IP Rockers.
1.6. All the listed prices do not include VAT. All services must be paid in advance. The date of starting of the service is the date of receiving payment for the ordered service.
1.7. Payments are to be made in euros.
1.8. After payment for the services and provision of all requested information, the services shall be provided in the following time frame:
– filling of EU trademark application – five working days;
– Provision of trademark availability search report – five working days.
1.9. The decision to register or protect or exploit an intellectual property item, and any other decisions further to an inquiry, are taken by the client itself, such for the account and risk of the client.
1.10. Requested services with pending documentation or information from the client, have a refund deadline of 90 days. After this period only official expenses of the Trademark Office shall be returned.
1.11. THE IP ROCKERS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO the client.
2. EUROPEAN UNION TRADEMARK SEARCH
2.1. The trademark search is conducted for -European registered trade marks and only in the ordered class (classes). The search may be conducted for a wordmark or for a logotype or for a logotype and a wordmark. The maximum number of hits provided is limited to 100 results.
2.2. The purpose of the service is to determine the probability of oppositions before filling the application of the proposed trademark. In order to determine the probability, a search for identical or highly similar trademarks will be performed to determine if any highly similar or identical trademarks were filed or registered for the studied class in the EU IPO.
2.3. The ordered trademark will be evaluated if it complies with absolute requirements of EUIPO (European Union Intellectual Property Office) for registration (if it is not descriptive, generic or deceptive).
2.4. Searches will be prepared by using official online databases of EUIPO. By ordering the study, the client confirms that he knows that some online databases are not updated daily or weekly, thus, IP Rockers trademark searches provides only results available on the day of preparing the study.
2.5. The trademark searches strive to determine all the possible obstacles for successful trademark registration, however, it is possible, though unlikely, that the prepared study may not determine all the possible grounds for refusal. The probability of success is based on the experience of our partner attorneys or specialists, however, IP Rockers cannot guarantee the applied trademark will be registered or will not be opposed or cancelled by other third parties at the EUIPO. The IP Rockers are not responsible for the search results neither it can be held liable if the registration of the trade mark is unsuccessful.
2.6. By performing the trademark search IP Rockers does not guarantee that use of the proposed to register trademark does not infringe anyone’s rights.
3. GLOBAL TRADEMARK SEARCH
3.1. The trademark search is conducted for registered trade marks in more than 160 states and only in the ordered class (classes). The search may be conducted for a wordmark or for a logotype or for a logotype and a wordmark. The maximum number of hits provided is limited to 100 results.
3.2. The purpose of the service is to determine the probability of similar existing trade marks before filling the application of the proposed trademark. In order to determine the probability, a search for identical or highly similar trademarks will be performed to determine if any similar or identical trademarks were filed or registered for the studied class in the number of countries.
3.3. The ordered trademark will be evaluated if it complies with absolute requirements of EUIPO (European Union Intellectual Property Office) for registration (if it is not descriptive, generic or deceptive).
3.4. Searches will be prepared by using official online databases of EUIPO and WIPO (World Intellectual Property Organization). By ordering the study, the client confirms that he knows that some online databases are not updated daily or weekly, thus, IP Rockers trademark searches provides only results available on the day of preparing the study.
3.5. The trademark searches strive to determine all the possible obstacles for successful trademark registration, however, it is possible, though unlikely, that the prepared study may not determine all the possible grounds for refusal. The probability of success is based on the experience of our partner attorneys or specialists, however, IP Rockers cannot guarantee the applied trademark will be registered or will not be opposed or cancelled by other third parties at the EUIPO. The IP Rockers are not responsible for the search results neither it can be held liable if the registration of the trade mark is unsuccessful.
3.6. By performing the trademark search IP Rockers does not guarantee that use of the trademark does not infringe anyone’s rights.
4. THE TRADEMARK REGISTRATION
4.1. The client understands that IP Rockers does not guarantee that the trademark will be accepted or registered after ordering the service. IP Rockers guarantees that the trademark will be filed before EUIPO according to the received instructions.
4.2. The trademark registration services include – drafting of the trademark registration application according to the instructions received from the client; filing of the trademark registration application before EUIPO; ; sending to the client of the trademark registration certificate received from EUIPO, as well as any communication received from EUIPO until the trade mark registration is completed.
4.3. IP Rockers is not responsible for sending any communication received from EUIPO and any other third parties after the date when the trade mark registration is completed. Any work related to reply to Office Action, trademark assignment, license, pledge, opposition, representation in the court and elsewhere should be agreed by the client and IP Rockers individually. The Terms shall be applied for those additional services in addition to the conditions agreed by the client and IP Rockers individually.
4.4. Trademark registration is filed within five working days upon receiving the corresponding complete payment and all the required documents and details.
4.5. If we advise that client’s trademark is clear for registration and trademark is totally rejected by the EUIPO office, then we will refund our IP Rockers legal fees for the filing of the application (reimbursement).
4.6. The reimbursement provision does not apply, if the trade mark is rejected only for some of the goods or services, but for other the registration is allowed. The reimbursement provision also does not apply, if the client decides on its own motion not to reply to the Office Action, not to take some further actions, or not to use some services that were paid for.
4.7. The reimbursement is not provided also if the client does not reply/communicate its decision to the IP Rockers within the indicated time limit. The client must be aware that the deadlines are binding, meaning 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.
4.8. The IP Rockers will not return the payments, in case of errors and/or omissions made by the client, including, but not limited to, a breach in the terms of this Terms, delivery of incorrect information when submitting any service request and/or the incorrect modification of necessary information for the processing thereof.
5. THE TRADEMARK WATCH
5.1. The service of a TM Watch Europe Union is ordered by the client for a class or classes and only for EU member states territories.
5.2. The service of a TM Watch Global is ordered by the client for a class or classes and performed in 160 states territories.
5.3. The trademark watch includes sending information of published highly similar or identical trademarks, in the class or classes directly indicated and ordered by the client. The search may be conducted for a wordmark or for a logotype or for a logotype and a wordmark. The maximum number of hits provided is limited to 100 results.
5.4. The trademark watch service is for one year starting from the date of payment (subscription term).
5.5. The service does not include presenting any opposition or objections, investigating, or contacting the owner(s) of the cited trademark(s). Such services can be ordered as extra services by individual request.
5.6. As soon as a subscription term of the service expires, the client itself shall promptly be fully responsible for the watching activities of the intellectual property rights concerned. The IP Rockers is not sending any reminders or reports after the termination of the service.
5.7. No long term relationship can be established between the client and IP Rockers. After the subscription term expires a new subscription can be ordered but is not automatically renewed. The IP Rockers can change their pricing policy on their own motion after the expiry of the subscription term.
6. PATENTABILITY SEARCH
6.1. The Patentability Search is ordered by the client for a single technical invention and is performed Worldwide, searching for earlier patents or patent applications filed in any country.
6.2. If the product of the client involves more than one technical invention, for which the client wishes to order Patentability Search, IP Rockers informs the client about such situation. The client can decide for which technical invention the search shall be performed. The client can also pay extra fees for the Patentability Search for other technical inventions related with the product.
6.3. The Patentability Search presents most relevant earlier patents and patent applications filed. The search results is limited to 30 most relevant patent documents. Such number assures that the search is comprehensive and that only the most recent and most relevant documents are presented.
6.4. The Patentability Search cannot be considered comprehensive by any means. Some prior art documents can still not be found because the patent application is not yet published, or due to unusual wording, wrong classification, lack of translations into English or because these prior art documents are not in the patent database. The preliminary search does not eliminate the risks of possible patent application rejection or patent infringement suits.
7.1. These Terms are governed and construed in accordance with the laws of the Republic of Lithuania. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the services of IP Rockers.
7.2. IP Rockers and its partnering lawyers/ patent attorneys shall not be liable in any way for the services/ consultations ordered by the clients. Nothing in these Terms may be explained as creating any liability to IP Rockers and its partnering lawyers/ patent attorneys arising out of the services/ consultations given through this web site.
7.3. If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.
7.4. IP Rockers may display for marketing purposes the trademarks registered on behalf of the clients. In case a client wants to stop such use of its trademark, it should inform IP Rockers accordingly.
7.5. IP Rockers reserves the right at its own discretion to modify or replace these Terms at any time. As regards the services/ consultations, the version of the Terms which was valid for the date when the client has placed the order or asked for consultation, shall be applicable.
8.1. The IP Rockers may terminate these Terms and the authorization to the client to use IP Rockers website from the moment the client ceases to comply with its obligations with the IP Rockers.
8.2. It will be a cause for termination of these Terms: (i) the delivery of any inaccurate information by the client; (ii) the client’s refusal to update or deliver the requested information; or (iii) the client’s failure to provide instructions within the terms required by the IP Rockers to continue processing the contracted services.
By using IP Rockers services or this website you agree by these Terms and confirm that you have read them and understood. If you do not agree to the Terms, please immediately stop using the services and the website.
If you have any questions about these Terms, please contact firstname.lastname@example.org.