TERMS AND CONDITIONS

TERMS OF SALES

01/19/2020


ARTICLE 1: PURPOSE


Any order or purchase of one of the services offered on EASYTRADEMARKCHINA.COM, site managed by EASYTRADEMARKCHINA LTD, registered with the Market Supervision Administration of Shanghai in the People's Republic of China, implies acceptance, without reservation, by the client, and their full and complete acceptance of these general conditions of sale which prevail over any other document of the buyer. Any document other than these general conditions of sale, notably catalogs, prospectuses, advertisements, notices, has only an informative and indicative value, not contractual. The client acknowledges being sufficiently informed about the functions, merits and limits of the EASYTRADEMARKCHINA.COM registration system.


ARTICLE 2: DESCRIPTION OF EASYTRADEMARKCHINA.COM SERVICES


EASYTRADEMARKCHINA.COM services operate a system aimed at filing online a trademark by collecting the necessary information and transferring these information to the Chinese Trademark Office (CMTO) on behalf of the applicant.


Other services: the other services available on EASYTRADEMARKCHINA.COM site are:

 

  • Anteriority search for identical or similar trademark to the one to be registered before filing and in order to avoid possible rejections;
  • Technical assistance for trademark registration;
  • Trademark renewal.

 

ARTICLE 3: SUBSCRIPTION TO EASYTRADEMARKCHINA.COM FILING SERVICES


The filing services offered by the EASYTRADEMARKCHINA.COM are marketed in the form of packages. The trademark registration is associated with a payment including the CMTO registration fees.


The use of a registration service made available to clients of the website would naturally lose all rights to assert any withdrawal and no refund could be considered. The signature (acceptance of these clauses by payment upon registration) of a contract is irrevocable, and the sums due under any contract signed or accepted throughout the registration procedure shall be paid to EASYTRADEMARKCHINA LTD, whether or not the client uses the purchased services. Access to the filing is subject to prior payment of the full contract price. The client is solely responsible for the payment of all sums invoiced under this contract. This contract is not assignable or transferable and is established for the exclusive use of the client.


ARTICLE 4: TERMS OF EASYTRADEMARKCHINA.COM FILING SERVICES


Upon payment of the full contract price, EASYTRADEMARKCHINA.COM activates, with a file number by deposit, an account directly accessible to the latter, from the file number space on the website www. EASYTRADEMARKCHINA.COM. This account allows the client to follow his/her filing. Filing is made directly online by the client, who receives an email containing his/her application by return. Sending of file or CD Rom or postal mail, unless otherwise stated, shall not be accepted and would be destroyed before any search or filing operation. Only registered clients and whose sums due are up to date can use our services, through their online client account alone via EASYTRADEMARKCHINA.COM. The desired application shall be made by the client, manually. In the event of a technical malfunction of the filing platform and during the electronic processing of the filing EASYTRADEMARKCHINA.COM shall not be held responsible, the site will, however, grant in the event of a system failure or non-completion of the filing procedure a reimbursement, however if it is a CMTO rejection it is not a technical malfunction, but a conventional rejection which will not give right to any reimbursement, CMTO taxes are due for each transaction or attempted deposit and will not be refunded.

ARTICLE 5: RATES


The prices of the different packages are presented on the EASYTRADEMARKCHINA.COM site during the filing process are indicated in foreign currency, including tax (all taxes included). EASYTRADEMARKCHINA.COM reserves the right to modify its prices at any time, so that the packages will be based on the prices in effect at the time of their subscription or renewal and are generated in particular according to user demand depending on the number of classes and products chosen, the applicable CMTO taxes, but also the options chosen on the site.

 

ARTICLE 6: OBLIGATIONS OF EASYTRADEMARKCHINA.COM

 

EASYTRADEMARKCHINA.COM undertakes to:

  • satisfy the demands of its clients within the limits of the systems capacity it operates and the quality constraints of its services,
  • to use all the means at its disposal to allow the performance of its filing service, but remains bound by an obligation of means taking into account in particular the particularities of the electronic tool, and taking into account limitations imposed by internet access provider (limitation of the size of the files, speed of transfer of the files implying the possible end of a session during the processing of a recording, error of manipulation on the part of the client, etc.),
  • to take the necessary measures to ensure the protection and confidentiality of the content of the filings (access to the recorded files) that it holds and that it processes in compliance with the provisions of the Chinese law on cyber security which came into force on June 1, 2017.

 

ARTICLE 7: CLIENT'S OBLIGATIONS

The client agrees to:

  • fill in all the fields requested when opening the trademark filing account,
  • pay the subscription fee for the service with a means of payment in his/her own name,
  • provide exact and sincere contact details during registration,
  • communicate a valid email address intended to receive communications from the website,
  • send, at its expense, via the website by upload, the information of the trademark to be registered,
  • promptly notify EASYTRADEMARKCHINA.COM of any change of name, form or other, under penalty of unenforceability,
  • not attempt to infringe or infringe the intellectual property rights of a third party.

 

ARTICLE 8: LIMITATION OF GUARANTEES

EASYTRADEMARKCHINA.COM is not responsible for the content of the trademark registration, and it is up to the client to ensure the quality of the information transmitted, such as the legibility of the texts, the visibility of the images and logos, the highlighting of original characteristics of the trademark in the corresponding classes. The client acknowledges that EASYTRADEMARKCHINA.COM shall not be held liable for direct or indirect damage of which this contract may be the cause, the occasion, including in the event that EASYTRADEMARKCHINA.COM has been informed of the existence of a risk. The client acknowledges that the filing does not create industrial property rights and that it only constitutes a trademark filing application which will be accepted or refused by the CMTO, the only body authorized to issue a trademark ownership title in the People's Republic of China.
EASYTRADEMARKCHINA.COM is completely separate from any government body and is separate from the CMTO. EASYTRADEMARKCHINA.COM is not and does not represent any law firm and is not empowered to provide legal advice in accordance with the laws and regulations in force, our advisers and managers do not carry out any legal consultation, do no writing acts under private signature or representation. The application made by the site are made only by the use of the tools that we make available to you. For any legal advice, you acknowledge that it is necessary to call on a legal professional empowered by law to provide legal advice. Our legal assistance will put you in touch with our partner lawyers and provide you with all the technical assistance in order to gather the elements necessary for your consultation.

 

ARTICLE 9: TRADEMARK FILING SERVICE

In case of subscription by the client of this option, our trademark filing service performs a identical and similar priority search without calling on a lawyer via the CMTO public website (the Trademark Office of the People's Republic of China). The preliminary search is subject to the random update of the site by the Chinese government.

You acknowledge that the preliminary search that we propose shall not in any case engage us on the availability of the trademark; indeed the search on the basis of the CMTO is not engaging and only the interpretation by a legal professional could be surety, we do not provide interpretation of the research results by a lawyer or legal professional. You acknowledge that EASYTRADEMARKCHINA.COM shall not be held liable in the event of direct or indirect damage linked to your trademark registration or to the preliminary search offered. If you have any doubts concerning the preliminary search and the availability of your trademark, you should call on a lawyer authorized by law or an intellectual property agency (IPA).


EASYTRADEMARKCHINA.COM offers you a service which will allow you, through our customer support, to register your trademark in the People's Republic of China (excluding Hong Kong, Taiwan and Macao) via the CMTO portal. We shall not in any case responsible for the rejection of your trademark registration if it was opposed by a third party or for rejection within the framework of the CMTO regulations and you acknowledge that you shall not be reimbursed in the event of rejection of trademark registration by the CMTO and that we will not accept any complaint regarding the trademark registration with the CMTO. EASYTRADEMARKCHINA.COM acts as a gateway for user technical assistance to CMTO online services. We create an online request on our CMTO account mentioning your personal and professional information, then we make your filing in accordance with your request and with the information communicated in particular with regard to the classes and products chosen, we pass on the registration fees included in our selling price at CMTO.


EASYTRADEMARKCHINA.COM does not carry out any validation of legal character and is not surety of your trademark registration. EASYTRADEMARKCHINA.COM shall not be responsible for the rejection of your trademark registration linked to its unavailability or any other reason. EASYTRADEMARKCHINA.COM does not renew your trademark filings, the renewal of your trademark is under your sole responsibility. Our trademark renewal alerts are managed by our computer system provided that we have your up-to-date information (email), in case of non-receipt of our alert due to a malfunction of our computer system EASYTRADEMARKCHINA.COM shall not be held responsible for the non-renewal of your trademark or any other damage related to the loss of your trademark.

EASYTRADEMARKCHINA.COM offers you a service which will allow you, through our assistance, to register your trademark in the People's Republic of China (excluding Hong Kong, Taiwan and Macao) via the CMTO website. We shall not in any way be responsible for the rejection of your filed trademark if it was put in opposition by a third party or a rejection within the framework of the CMTO regulations and you acknowledge that you shall not be reimbursed in the event of rejection of trademark registration by the CMTO and that we do not accept complaints regarding the trademark registration of the CMTO. In conclusion EASYTRADEMARKCHINA.COM shall not be responsible for the guarantee and success of your trademark registration and its acceptance by the CMTO or any other authorized body and the filing of your trademark shall be exclusively your full responsibility.


ARTICLE 10: ATTRIBUTION OF JURISDICTION


Any dispute arising from the interpretation, conclusion, execution of this contract will be brought before the arbitration committee of CIETAC Shanghai in the People's Republic of China.


ARTICLE 11: SATISFIED OR REIMBURSED AND RIGHT OF WITHDRAWAL FROM THE SERVICE


Conditions of the refund offer applicable for the purchase of a trademark deposit package: The refund may be requested within 24 hours only if the filing has not yet been deposited with the CMTO via our online system. No reimbursement shall be made for the trademark filing service in the event of effective filing even before the 24 hours of withdrawal.

E-mail: contact@easytrademarkchina.com Site: https://www.easytrademarkchina.com
LINK TO REGISTER A BRAND

 

PRIVACY CHARTER

Last revised: January 19, 2020

Welcome to EasyTrademarkChina!

The purpose of this privacy charter (the ‘Charter’) is to formalize our commitment to respecting the privacy of users of the www.easytrademarkchina.com website operated by EASYTRADEMARKCHINA LTD (‘Easytrademarkchina’).

The Charter and the General Conditions of Sale form a contractual whole. All capitalized terms not defined in this Charter are defined in the General Conditions of Sale.
As part of the provision of our Site, we process your personal data in compliance with the General Data Protection Regulations 2016/679 (‘GDPR’), the Cyber Security Law of the People's Republic of China (‘Cybersecurity’) and under the conditions set out below.

Personal data means any information relating to an identified or identifiable natural person. We collect and process personal data in the context of providing our Services or communicating about these Services exclusively, in strict accordance with the GDPR and Cybersecurity.
We only collect personal data that is adequate, relevant and limited to what is necessary with regard to the purposes for which it is processed. Thus, you will never be asked to fill in personal data considered to be ‘sensitive’, such as your racial or ethnic origins, your political, philosophical or religious opinions.

By registering on EASYTRADEMARKCHINA.COM (‘Site’), you authorize us to process your personal data in accordance with this Charter. If you do not accept the terms of this Policy, please refrain from using the Site and the Services.

1. In what cases do we collect your personal data and what data is collected?

We may collect and store your personal data, especially when you:

  • browse the Site,
  • create a file for filing a trademark or seeking preliminary search or renewing a trademark,
  • pay for a Service,
  • contact us.

We use your personal data to enable the implementation and management of the Site Services and to respond to your specific requests. We also use your personal data for the purpose of operating and improving our Services, our Site and our approach. This information is used only by us and allows us to better tailor our Services to your expectations.

1.1 Navigation on the Site

1.1.1. Connection data: each time you connect to our Site, we collect personal data such as, in particular, your IP address and the MAC address of your computer, the date and time of connection, as well as information about the browser you are using.

1.1.2. Navigation data: we also collect information to identify how you access the Site, which pages are visited and for how long. In this context, we may use the use of Cookies as specified in paragraph 6 below.

1.2 Creation of an Account

Access to our Services does not require the prior creation of an Account. In accordance with the General Conditions of Sale, you will be asked to enter a certain number of personal data when using our services, in particular your first and last names, your postal address, your e-mail address and your telephone number. 

1.3 Payment

The Services available on the Site are chargeable. To this end, you agree that we may use payment service providers who may collect your personal data for the purpose of enabling the proper functioning of credit card payment processing services and, where applicable, delivery services.
To pay for your purchase, you must provide your billing details as well as your payment details, that is to say:

  • the number of your payment card,
  • the name of the card holder,
  • the validity date and the security codes.

And this in order to process your payment. You may also be asked to provide the name of your telecom operator, your mobile phone model and a valid mobile number so that you can provide the purchase instructions directly through your mobile phone.

We keep the details of your payments, as well as the details of the purchases you make. The details of the transactions are kept either at EASYTRADEMARKCHINA.COM, or at the external service provider. This conservation is carried out for internal purposes, in particular for accounting, compliance and for legal purposes, in accordance with paragraph 5 of this Charter.

1.4 Contacts

In order to respond to requests you may make to our Customer Service, confirm the information and all transactions on our Site and give you information regarding the Services (for example, if you lose your customer reference or if changes are made in the Terms of Use), we will use your last name, first name and email address.


2. How do we protect your personal data?

We have implemented technical and organizational security measures to guarantee the security, integrity and confidentiality of all your personal data, in order to prevent it from being distorted, damaged or that third parties have access. We ensure an appropriate level of security, taking into account the state of knowledge, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks and their probability.

However, it is specified that no security measure being infallible, EASYTRADEMARKCHINA.COM is not able to guarantee absolute security to your personal data.
In addition, it is your responsibility to ensure the confidentiality of your reference number allowing you to access your tracking of Services. Do not share this information with anyone.


3. In what cases do we share your personal data?

3.1 Sharing your personal data with third-party companies

When you browse the Site, your personal data may be transmitted to external service providers. These third parties provide service on our behalf and on our behalf in order to enable the proper functioning of credit card payments and other Services.

Personal data may be transferred to countries outside the European Union (such as the United Kingdom, the United States and the People's Republic of China) for the purpose of processing your requests, entering the formalities and to host and secure personal data.
In accordance with the GDPR, all transfers of personal data to a country outside the European Union and / or not offering a level of protection considered sufficient by the European Commission have been the subject of cross-border flow agreements conform to standard contractual clauses issued by the European Commission. Other transfers of personal data to the United States, in particular for customer relationship management (CRM), are governed by the E.U. - U.S. PRIVACY SHIELD (European Union-United States Data Protection Shield). Other transfers of personal data to the People's Republic of China are governed by the Cybersecurity Law.

Except in the case where a third party asks you to accept a confidentiality charter and conditions of use which are specific to it, the third companies having received communication of your personal data have undertaken to process your personal data only for the implementation of the Services.
We will never share your personal data with third-party companies for marketing and / or commercial purposes without obtaining your prior consent.

3.2 Sharing with the authorities

We may be required to disclose your personal data to the administrative or judicial authorities when their disclosure is necessary for the identification, arrest or prosecution of any individual likely to prejudice our rights, any other user or a third. Finally, we may be legally obliged to disclose your personal data and cannot in this case oppose it.


4. How long do we keep your personal data?

We will only keep your personal data for the time of your registration on the Site in order to ensure your identification when you connect to your Service and to allow the provision of the Services.
Thus, your personal data will only be kept in the form of an archive for the purpose of establishing proof of a right or contract.
In any event, we will keep your personal data for a period not exceeding that necessary with regard to the purposes for which they are processed in accordance with the uses set out in this Charter and in compliance with laws and regulations.


5. Cookies: how do we use them?

5.1 What is a cookie?

A cookie is a text file that can be placed in a terminal when consulting an online service with navigation software. A cookie file allows its issuer in particular, during its period of validity, to recognize the terminal concerned each time this terminal accesses digital content containing cookies from the same issuer.

In any event, the cookies deposited on your navigation terminal with your agreement are destroyed 13 months after their deposit on your terminal.

5.2 What are the cookies used on our Site for?

The cookies we issue allow ourselves to:

  • establish statistics and volumes of attendance and use of the various elements making up our Site (sections and content visited, routes), allowing us to improve the interest and usability of our services;
  • adapt the presentation of our Site to the display preferences of your terminal (language used, display resolution, operating systems used, etc.) during your visits to our Site, depending on the hardware and viewing software or reading that your terminal contains;
  • memorize information relating to a form that you have filled out on our Site (registration or access to your account) or to products, services or information that you have chosen on our Site (subscribed service, content of an order basket , etc.);
  • to allow you to access reserved and personal spaces on our Site, such as your account, using identifiers or data that you may have previously entrusted to us and to implement security measures, for example when you are asked to reconnect to content or a service after a certain period of time.

When browsing the Site, cookies from social networks can be generated, in particular through the sharing buttons which collect personal data.
When you first visit the Site, a cookie banner will appear on the home page. A clickable link allows you to find out more about the purpose and operation of cookies and refers to this Charter. Continued navigation on another page of the site or selection of an element of the Site (in particular: image, text, link, etc.) materializes your acceptance to the deposit of targeted cookies on your computer.

5.3 How can you control the cookies used?

You can configure your browser software at any time so that cookies are saved on your terminal or, on the contrary, that they are rejected (either systematically or according to their issuer). You can also configure your browser software so that the acceptance or refusal of cookies is offered to you from time to time, before a cookie can be saved in your terminal.
Please note: any configuration is likely to modify your browsing on the Internet and your conditions of access to certain services requiring the use of cookies. We decline all responsibility for the consequences linked to the degraded functioning of our services resulting from the impossibility of saving or consulting the cookies necessary for their functioning and that you would have refused or deleted. This would be the case if you tried to access our content or services that require you to identify yourself. This would also be the case when we (or our service providers) could not recognize, for technical compatibility purposes, the type of browser used by your terminal, its language and display settings or the country from which your terminal appears to be connected to the Internet.

5.4 How to configure your navigation software?

For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your preferences regarding cookies. Below you will find information about the main browsers.

Internet Explorer / Edge

In Internet Explorer, click the Tools button, then Internet Options.
On the General tab, under Browsing history, click Settings.
Click the View Files button.

Firefox

Go to the Tools tab of the browser then select the Options menu.
In the window that appears, choose Privacy and click on Show cookies.

Safari

Access Settings via the browser menu (Safari> Preferences).
Click on Confidentiality.

Google Chrome

Access Settings via the button to the right of the URL bar or via the browser menu (Chrome> Preferences).
Select Advanced Settings.
Click on Content settings and then on Cookies.


6. What are your rights?

Only you have communicated the data in our possession to us, through the Site. You have rights to your personal data. In accordance with the regulations on the protection of personal data, in particular Articles 15 to 22 of the GDPR, and after proving your identity, you have the right to ask us for access to personal data concerning you, the rectification or erasure thereof.
In addition, within the limits set by law, you also have the right to object to the processing, to limit it, to decide the post-mortem fate of your data, to withdraw your consent at any time and to the right to portability personal data provided.

You can contact our Services in order to exercise your rights at the following email address: contact@easytrademarkchina.com by attaching a copy of an identity document to your request.


7. Can we modify the Charter?

We reserve the right to modify the Charter at any time. It is therefore recommended that you consult it regularly. If there are any changes, we will post those changes on this page and in places we deem appropriate based on the subject matter and the extent of the changes.
Your use of the Site after any modification means that you accept these modifications. If you do not accept certain substantial changes to this Policy, you must stop using the Site.