Contact
Eurimark is helping us for fast trademark registration; we benefit from a 24/7 service to answer our clients' most urgent requests. We appreciate the number of countries covered by the system that allows us to centralize for a single project all the registrations with only one contact.
Eurimark est le système le plus intelligent pour effectuer une recherche globale concernant la protection d'un nom de marque en Europe.Contact
Contact
Eurimark
P.O. Box 48
L - 8001 Strassen -
Luxembourg
Tel. : +352 313830-1
Fax : +352 313833
contact @ eurimark.com
Terms and conditions
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 Eurimark web site, suggested by Office Ernest T. Freylinger, société anonyme.
Postal address: P.O. Box 48, L-8001 Strassen (Grand-Duchy of Luxembourg)
Contact: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
By accessing this web site, the pages contained on it, and the products, services, information, tools and material contained or described herein (the Site) and / or using the information provided on or via this site, you acknowledge your agreement with and understanding of the following terms of use, and you agree to be bound by this Agreement.
Eurimark 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 Eurimark are conducted by trademark attorneys authorised to practice before the trademark offices.
1. Prior definitions
Territory, it consists of the country on which the Lawyer will exclusively render the requested services through the Site.
2. Information provided
The information published on the current site shall be considered a commercial communication in the sense of the law of 14 August 2000 on electronic commerce. By accessing the website, all users accept in advance any communication of commercial nature that they may receive from Eurimark or its related partners or corporations via the Ste or electronic mail.
The information available on 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 Eurimark 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, 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, Eurimark does not guarantee or warrant that the Site will be uninterrupted without delay, error-free, omission-free, or free of viruses.
3. Limitation of liability
The present limitation of liability is made for the benefit of Eurimark and Eurimark’s related partners or corporations, or their partners, agents or employees.
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. Eurimark 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.
Eurimark 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. Eurimark strives to limit as far as possible any inconveniences caused by errors. Eurimark declines any and all responsibility on 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 that the visitor checks the content on its 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 Eurimark 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 Eurimark 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 Eurimark 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.
Eurimark 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
Eurimark is only responsible for rendering the services for which it has been contacted through the Site.
Eurimark 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 Eurimark, its directors, its employees, and its Lawyers, and hereby waives any right to indemnification.
Eurimark and the Lawyer are obligated to render the requested service after:
(i) it has received from you all required information 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 actions taken by Eurimark and the Lawyer will be performed according to the information delivered by the User. To that end, Eurimark and the Lawyer will not accept any responsibility if such information infringes any third party’s rights or contains errors or omissions. You are absolutely responsible for all data delivered in any Request for Service available in the Site whether recommended or not by Eurimark. You declare that, by filling in the form of any Request for Service on the Site, you guarantee Eurimark that all supplied information is true and based on the principles of mercantile bona fide and further guarantees that you know this Agreement in its whole as well as the remaining contracts associated with it.
The watch(ing) 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 or of the Registration Administration which may themselves contain errors or omissions. You release any such responsibility on Eurimark 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 Eurimark made according to this information.
Upon submission 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 to bind him/her/it according to the terms of this Contract.
You are responsible to contract in the Site, within the deadlines established by Eurimark, 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, i.e. that if the required action is not complied with within the prescribed term, the right for a cause of action is relinquished, which 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 Eurimark within the terms for reply that Eurimark 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 only apply 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 you have requested will be found in our search or cited 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 use to complete a report.
4. Copyright and reproduction notice
The Site, jointly with all its contents, including its layout, is governed by intellectual property law, particularly the laws on copyrights and trademarks. Any program, publication, design, product, process, software, technology, information, know-how, or idea described in this document may be subject to other rights, including other intellectual property rights, which are owned by Eurimark, its related partners or corporations or other interested parties and are not licensed to you hereunder.
Eurimark, or the relevant owner, does not provide any license, authorization, user right, acceptance or any other right or title linked to intellectual property rights 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 whole or part of the Site for public or commercial purposes are accordingly forbidden without the prior written consent of Eurimark.
Except otherwise stated, the visitor is allowed to read, download and print documents and information under the following conditions:
• The documents and information cannot be changed in whatever way, and
• The documents cannot 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.
5. Linked sites
Eurimark does not systematically review the content of its linked sites nor does it verify the truth, accuracy, reasonability, reliability or availability of these sites. Eurimark 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.
6. Privacy Statement
Eurimark will provide you with a password 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 current website are informed that their personal data may be used by Eurimark, its related partners or corporations or other interested parties, and may automatically be processed. The identifying data 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 is automatically registered with the system. This does not identify you personally and you remain anonymous unless you have voluntarily provided identifying data.
You may be requested to provide certain Data such as your name, mailing address, 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 (cookies). You authorise Eurimark or its related partners or corporations to act accordingly.
The Data will not be communicated to non-authorized third parties and will only be collected to allow you to use various tools with informative purpose, and for the establishment of statistics or trends. The Data will not be used for any other purposes than those 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 can only work if the Data is provided.
Eurimark will take all possible measures in order to secure the Data. However, it cannot eliminate all risks relating 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.
According to the law on private data protection, you are allowed to access, modify or to oppose yourself to any processing of your Data. To use this right, you may contact Eurimark per mail at the following address:
Po Box: B.P 48, L-8001 Strassen (Grand-Duchy of Luxembourg)
Email address:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
7. Communication Online
Messages that you send to Eurimark or its related partners or corporations by email may not be secure. Eurimark recommends that you do not send any confidential information to Eurimark by email. If you choose to send any messages to Eurimark or its related partners or corporations via email, you accept the risk that they may be intercepted, misused or modified by a third party. Furthermore, and if such event occurs, you agree to release Eurimark or its related partners or corporations from its secrecy obligations.
8. Fees
Access to the Site is free, and excludes the costs of the 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 requested services, you agree to pay Eurimark 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 this information updated to keep it current, complete and accurate.
Eurimark 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 Eurimark 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 Eurimark.
9. Security in payments
Credit card payments will be processed through the credit card processing company cetrel (www.cetrel.lu). 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.
10. General dispositions
The delays and errors resulting from force majeure will not be considered a breach of services of Eurimark or the Lawyer, including, but not limited to, problems arising from elements of nature, fires, acts of war, national security attacks, coups d’état, or interruptions in the Site derived from major technical problems as determined by Eurimark
Eurimark may terminate this Agreement, the Contract, and the authorization given to you to use this Site from the moment you cease to comply with your obligations with Eurimark. Any inaccurate information given by you will be a cause for termination of this Agreement, such as the refusal to update or deliver the requested information, or the lack of instructions given within the terms required by Eurimark to continue processing of the contracted services.
All communications between the parties will be made 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.
Eurimark 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 declared unenforceable, such provisions shall be limited or eliminated to the minimum necessary extent 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 Eurimark. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.
11. Applicable law
Any dispute in connection with the use of the Site is governed by the laws of Luxembourg.
Eurimark and its related partners 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 Eurimark at the date and time shown on the Eurimark 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.
