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.