V3 General Terms and Conditions regarding online trademark applications via LexDellmeier
Status: March 24, 2020
General Terms and Conditions of Engagement (AGB)
LexDellmeier Intellectual Property Law Firm
Preamble
1. Commissioning and conclusion of the client relationship
2. Subject matter of the contract and scope of performance
2.1 General information on the assignment
2.2 German law and EU law as a basis for advice
2.3 Target owed
2.4 Scope of services for searches; disclaimer
2.5 Scope of services for intellectual property right applications; information on risks
2.5.1 General information
2.5.2 Special features of the online trademark application
2.6 Risks in the case of intellectual property rights applications
3. Duties of cooperation of the client
4. Remuneration
5. Due dates, payments and invoicing
5.1 General information
5.2 Special features of the online trademark application
6. Communication by e-mail, data protection
7. Liability, statute of limitations
8. Place of jurisdiction
9. Severability clause
Preamble
These General Terms and Conditions (hereinafter: GTC) apply to all services offered by LexDellmeier Intellectual Property Law Firm, Nymphenburger Str. 23, 80335 Munich, Germany, Tel: 089 - 55 87 987 0 - Central Email:
(hereinafter: LexDellmeier) (in particular, but not exclusively: advice in the field of trademark, design and competition law, registration of trademarks and designs, judicial and extrajudicial enforcement and defence of intellectual property rights).
1. Commissioning and conclusion of the client relationship
LexDellmeier can be commissioned by telephone, e-mail, personal on-site meeting at the firm’s office, fax, post or, in the case of an online trademark application, via the LexDellmeier website at www.lexdellmeier.com. These General Terms and Conditions apply to every assignment, regardless of the means of communication chosen.
With the assignment of LexDellmeier a mandate contract (engagement) with the client is concluded. LexDellmeier is the contracting party. The following General Terms and Conditions apply to the client relationship. Terms and conditions of the client are only applicable if this has been expressly agreed upon in writing.
The following applies:
a) In connection with the online trademark application, the conditions chosen there in connection with the respective selected package apply.
b) In connection with any other client activity, the Renumeration Agreement to be concluded for the client relationship with LexDellmeier applies.
c) In all other cases the German Lawyers' Fees Act (RVG) applies.
2. Subject matter of the contract and scope of performance
2.1 General information on the assignment
The contractual aim of the order placed by the client is the agreed activity (e.g. advice on trademarks, designs, competition law, trademark research, preparation of expert opinions, filing of a trademark application, filing of a design application, etc.) in accordance with a separate fee/Engagement/Renumeration Agreement insofar as the German Law on the Remuneration of Lawyers (RVG) is not applicable.
Deviating from this, the scope of services as described on the website www.lexdellmeier.com or its sub-pages shall apply to the assignment via the website www.lexdellmeier.com.
LexDellmeier reserves the right to refuse cases in individual cases, especially if there is a conflict of interest with other clients and/or mandates.
2.2 German law as a basis for advice
Unless otherwise specified, only German law (excluding the UN Convention on Contracts for the International Sale of Goods) shall be applicable and the execution of the order shall be based on it. If the application and examination of foreign law is necessary, LexDellmeier shall, after consultation with the client, contact colleagues in the respective foreign country who are suitable in LexDellmeier's opinion and obtain legal advice according to the law of the respective country.
2.3 Target owed
What is owed is an achievement. The achievement of a certain success, in particular the registration of an intellectual property right, is not owed.
2.4 Scope of services for searches; exclusion of liability
Unless otherwise agreed, the scope of services in the case of commissioned searches basically includes the proper execution of the search (obtaining the search results on which the evaluation is based), the evaluation of the search results and the preparation and transmission of a corresponding report including the processed results.
The results of searches carried out by LexDellmeier (trademark/design identical searches, similarity searches, company name searches, owner searches) are based on data available from third parties, in particular trademark and patent offices (German Patent and Trademark Office, Office of the European Union for Intellectual Property, WIPO), other databases (company register, commercial register) and professional search service providers (Compumark, SAEGIS, Corsearch, etc.). No guarantee can therefore be given for the results submitted by third parties regarding these searches with regard to completeness, accuracy or timeliness.
2.5 Scope of services for intellectual property right applications; information on risks
2.5.1 General information
Unless otherwise agreed, the scope of services in the case of commissioned intellectual property right applications and (in particular trademark or design applications) basically includes, unless otherwise agreed, the creation of files, preparation of the application documents, the (where applicable, timely) submission of the same to the relevant authority, payment of the fees due, inclusion of the application in the firm's internal monitoring system, correspondence with the client.
2.5.2 Special features of the online trademark application
For the online trademark application, which is made available via the LexDellmeier website www.lexdellmeier.com, the following is included in the scope of services - depending on the selected package of the online trademark application:
- Package "BASIC": Examination of the protectability of the trademark, 15-minute telephone consultation with a lawyer from LexDellmeier, preparation of a list of goods/services. The filing of the trademark application must be done by the client himself, as well as the carrying out of previous searches, the monitoring of deadlines and the handling of payments to the respective office.
- Package "STARTUP": Examination of the protectability of the trademark, execution and evaluation of a trademark identity search, 15-minute telephone consultation with a lawyer from LexDellmeier, preparation of a list of goods/services, filing of the trademark application electronically. The execution of further preceding searches as well as the monitoring of deadlines and the handling of payments to the respective office must be carried out by the client himself.
- Package "PRO": Examination of the protectability of the trademark, execution and evaluation of a trademark identity search, a company name search and a trademark similarity search, 15-minute telephone consultation with a lawyer from LexDellmeier, preparation of a list of goods/services, filing of the trademark application electronically, including payment of the official fees to the DPMA/EUIPO and representation of your trademark before the relevant trademark office, including monitoring of deadlines and handling of payments.
- This does not include any further activities, in particular (but not limited to) official objections or the assertion of third party rights. These activities, as well as further legal or judicial activities, must be expressly commissioned and paid for separately.
2.6 Risks in the case of intellectual property rights applications
An application for intellectual property rights always carries the risk that third parties will take action against the application, registration and/or use of the property right applied for. Oppositions to the application/registration of a trademark can be filed or a request for cancellation can be made, in particular on the basis of earlier trademark rights; a warning letter/undertaking request can be issued against the use of a trademark, the issuance of a temporary injunction can be requested or a court action can be brought.
The risk emanating from prior rights of third parties compared to new applications for intellectual property rights can be reduced, but not completely excluded, by conducting searches in advance.
Conflicts with older intellectual property rights can result in a considerable cost risk for the client. Services which are rendered by LexDellmeier in response to an action of third parties against the application, registration and/or use of the intellectual property right of a client are not included in the scope of services of the intellectual property right application, but represent own services which are rendered and invoiced separately.
3. Duties of cooperation of the client
The client is obligated to provide all information necessary or significant for the execution of the order in a timely and in a suitable manner (generally in writing).
It is possible that LexDellmeier may have queries and/or require further information/documents in order to process a specific inquiry. The email address and/or telephone number provided by the client will be used for this purpose.
4. Remuneration
The remuneration is basically based on the Remuneration Agreement to be concluded separately between the client and LexDellmeier.
All price quotations are net prices excluding the legally applicable value added tax. The stated prices are out-of-court, flat-rate lawyer's fees. A judicial or other legal activity will be invoiced – in case no separate Remuneration Agreement exists - in case of doubt on the legal basis according to the German Lawyers' Fees Act (RVG).
The flat-rate fees stated on the LexDellmeier website www.lexdellmeier.com in connection with the possibility of online trademark applications are flat-rate fees according to § 4 paragraph 2 RVG, which do not include detailed individual legal advice, with the exception of flat-rate service packages via the Internet or by telephone as stipulated there.
In the case of online trademark applications (packages "BASIC" and "STARTUP"), the official fees to the competent trademark and patent offices must be paid separately and directly to the competent trademark office by the client himself.
5. Due date, payments and invoicing
5.1 General information
All remuneration claims are due upon invoicing and are payable immediately without deductions by bank transfer to the account stated on the invoice.
The official fees of the competent trademark and patent offices are to be paid separately without value added tax, in deviation from the preceding paragraph.
If LexDellmeier is engaged, the client may have to pay in advance an amount to be indicated by LexDellmeier on the basis of a separate agreement between the client and LexDellmeier, namely by advance bank transfer to the account indicated by LexDellmeier, stating the reference number.
5.2 Special features of the online trademark application
The offer of online trademark registration on the website of LexDellmeier, www.lexdellmeier.com, provides for an advance payment (prepayment) of the applicable flat fees. The following payment options are available for this payment: PayPal, credit card, instant bank transfer. The registration will only be processed after the step of prepayment (advance payment) is completed.
6. Communication by e-mail, data protection
By communicating the e-mail address (either in connection with the provision of contact data or by contacting LexDellmeier by sending an e-mail), the client revocably consents at any time to the sending of client-related information by e-mail without restrictions. Communication by e-mail, as well as the sending of documents via the Internet, is solely at the risk of the client.
Furthermore, reference is made to the separate LexDellmeier data privacy laws available under https://www.lexdellmeier.com/en/data-privacy as well as the imprint of LexDellmeier to be found under https://www.lexdellmeier.com/en/contact.
7. Liability, statute of limitations
The liability of LexDellmeier from the contractual relationship due to damages caused by simple negligence is limited to 1.000.000 EUR (in words: one million Euro) for each individual case. LexDellmeier is not liable for the information transmitted by third parties, neither for its completeness, correctness or up-to-dateness.
According to § 51b BRAO, any claims for damages by the client shall become statute-barred three years after they arise, but no later than three years after the termination of the mandate.
8. Place of jurisdiction
The place of jurisdiction for all disputes arising from the client relationship is - as far as legally permissible – Munich, Germany.
9. Severability clause
If parts or individual formulations of this text do not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the present General Terms and Conditions (GTC) remain unaffected in their content and validity.