General Terms

Please, read the following terms before using “apply platform” and ordering services offered on it as those terms are our Agreement for your usage of the platform and the provision of the services through it. If you do not accept the Agreement, please do not use apply platform. Use of “apply platform” and/or ordering the services offered on ”apply platform” means that you accept the Agreement. Any person, by making an order for services through the “apply platform”, accepts the below-mentioned Terms and Condition.

1. DEFINITIONS

The word below when used within this Terms and Conditions shall have the meaning, provided herein:

“apply platform” shall mean the online platform for filing European Union Trademark applications available on the following web address: https://applyip.com/

“Agreement”: shall mean this General Terms and Conditions.

“Service Provider”: shall mean Spectrum Solutions Ltd., a company duly incorporated by the laws of Republic of Bulgaria, with registered number 202272556, having its seat and registered office at 2 Yordan Kasabov str., Mladost 3 resident area, Mladost district, Sofia city, Bulgaria.

“User”: a person or entity using the platform or the services provided on the platform.

“Services”: shall mean online step-by-step application form for request of registration of European Union Trademark and the corresponding search tool and class builder.

“EUIPO” shall mean European Union Intellectual Property Office based in Alicante, Spain

2. ACCEPTANCE OF THE AGREEMENT

2.1. As soon as a User access “apply platform” the terms of this Agreement shall apply to it while visiting the site and looking over the information and content, published on it.

2.2. When User decides to use the Servies as a first stem of the process it must explicitly accept the terms under which the services are provided. If the User does not accept the terms of the Services, the Services cannot be delivered, and the process is stopped.

3. INFORMATION ON THE “APPLY PLATFORM”

3.1 The information published on the “apply platform” shall be considered a commercial and informational communication. 3.2. The trademarks and logos used on “apply platform” are the property of the Service Provider and /or respective owners and are protected by the standing rules and regulations on intellectual property and may not be used in any way whatsoever by third parties without the authorisation of their owner. The “apply platform” contains materials, texts, designs, graphics and images that are owned by the Service Provider and that are protected by copyright rules and regulations. These materials or any part thereof shall not be reprinted, published, distributed, relayed, or transferred in any way whatsoever without the prior authorization of the Service Provider. 3.3. The information available on “apply platform” 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 do not constitute general or specific legal advice or substitute for consultation with professional legal advisers.

4. SERVICE PROVIDED ON THE “APPLY PLATFORM”

4.1 When accessing the Services the User is starting an online process for requesting registration of European Union Trademark to be conducted by the Service Provider on behalf of the User upon provision of the necessary information by the User. The Services are provided on the basis of mandate (authorisation) from the User to Service Provided. The Services are deemed to be delivered at the moment the User receives information about its European Union Trademark registration – namely, when the Service Provider sends the User the Recipe from EUIPO for filing the application on behalf of the User for registration of European Union Trademark based on the information, provided by the User during the process of using the Services. The time for delivering the Services is 72 (seventy-two) hours as of 10 a.m. of the day, following the submission of the request for European Trademark Registration.

4.2. In order to facilitate the process of providing necessary information and to provide opportunity for the User to evaluate at some extend the risks associated with trademark registration, the following online help-tools are available.

4.2.1 “Class building tool” for goods and/or services to be covered by the mark of the User which registration is requested via “apply platform”. The “Class Building Tool” contains pre-defined goods and services terms that have been verified as acceptable by EUIPO. By using the “Class Building Tool” for describing the goods and services that are going to be offered under its trademark, the User can benefit from the fast-track registration service of EUIPO and thus speed-up its registration process.

4.2.2 “Search Tool” for checking whether there are earlier registered trademarks within the EUIPO database that are identical or similar to the trademark of the User. This tool conducts check within EUIPO database based on the information provided by the User on the prior stages of the process, namely name of the trademark and/or its logo and goods and services chosen from the “Class building tool”. The “Search Tool” than provided instant results.

NOTICE: There are limitations of the scope and accuracy of the results provided by the “Search Tool”, please check section 7 below for more information.

5. RESPONSIBILITIES OF THE PARTIES

5.1 User is responsible for the correctness of completion of all positions of the requesting form. In case of errors or providing incomplete information, the Service Provider has no responsibility for timely and qualitative execution of the request.

5.2 In the requesting form the User mentions all required information. The Service Provider provides Services in full conformity with the information mentioned by the User in the order form.

5.3 The User bares the cost for the registration by paying for EUIPO official fees. Information about the costs is provided simultaneously when the User uses the “Class building tool” so that the User can manage its total costs of its European Union Trademark Registration.

5.4. The Service Provider is entitled to refuse the User in ordering the Services after receipt of the payment in case the Service Provider has doubts regarding information credibility provided by the User when filling in the requesting form including but not limited to the name and e-mail address of the Us

5.5. Service Provider undertakes. 5.5.1. to provide the User with the Services and follow the request of the User related to the Services according to the description of Services, if the User’s request does not contradict with the Service rules and limitations listed therein and provided by the law of the Republic of Bulgaria and European Union.

5.5.2. to keep full confidentiality in respect of commercial, service and financial information received from the User or other sources in the course of providing Services. Also, the Service Provider undertakes to keep confidentiality in respect of the terms and conditions, the status and results of the provided Services as long as it is necessary for the interests of the User.

6. SERVICE FEES

6.1 The fee for using the Services provided via “apply platform” is fixed at 180 euro with all taxes and expenses included. The fee is not affected by the number of classes of goods and services chosen.

6.2. All fees are paid simultaneously with the costs (EUIPO fees) when the request form is submitted.

6.3. All payments are made online and require a valid credit or debit card. No other form of payments is accepted.

6.3. In case of refusal in rendering Services to the User, the Service Provider refunds all the money assigned by the User, excluding intermediary fees, used for money transactions and 35 (thirty-five) euro administrative fee. Refund to the User is done the same way and using the same payment details, which have been used for paying the services of the Service Provider and the User is obliged to inform immediately (within 24h) the Service Provider in case the paying details have been changed.

7. LIMITATIONS OF THE SERVICES

7.1 When registering a trademark, objections, queries and negative decisions in the examination process may arise from the EUIPO. The Service Provider therefore does not guarantee success. There may also be objections and invalidity proceedings from other trademark owners. If an identical or confusingly similar trademark is used or if the rights of third parties are otherwise infringed, trademark owners or those entitled to use the trademark may bring civil claims. All services relating to complications in the registration process or claims by third parties are not part of a registration request and must be ordered and paid for separately.

7.2. The “Search Tool” uses data and functionalities of EUIPO databased. The EUIPO databases have limitations regarding the results they show for identical or similar earlier registered trademark. The EUIPO databases provide results only for earlier registered trademarks within EUIPO that have the exact wording and symbols as the trademark of the User. This may lead to a false result that show not similar prior registration while in reality there are such.

7.3. The “Search Tool” does not have access to databases of the relevant trademark offices of EU member -states and does not show results whether there are any prior registered similar or identical trademarks in one or more member-states that can affect the registration of User’s trademark.

8. LIMITATION OF LIABILITY

8.1. A successful trademark registration or application procedure without complications cannot be guaranteed under any circumstances, since the course and outcome of a trademark procedure cannot be predicted.

8.2. As the results from the “ Search Tool” are only for reference purposes the Service Provider cannot guarantee that there will be no oppositions to User’s application of European Union Trademark registration. Further more as there are no tools for checking whether the User’s mark is registrable (conforms with the legal requirements for registration and does not fall within one of the absolute grounds for refusal of registration), the Service Provider does not guarantee that the trademark application will pass the examination for absolute grounds of refusal of registration.

8.3 Service Provider is not liable for any expenses of the User or for any direct or indirect damages of the User resulting from using the Services of the Service Provider, caused to the User and resulting from the use or inability to use the Services, and caused because of the errors, absence, interruption of work, deletion of files, amendment of functions, deficiencies, delays in work when transmitting the data, etc., for which the Service Provider is not liable.

8.4 Service Provider is not liable for the work of the intermediate duties or services used for providing the Services to the User, but not owned by the Service Provider, such as: banks, postal service, Internet providers, electronic mail service, payment systems, etc. 8.5. Parties are not liable for full or partial non-fulfilment of their liabilities according to the Agreement, if such non-fulfilment results from force majeure circumstances, i.e. extreme and unavoidable in the given conditions circumstances of the Parties including also mass disorders, prohibitive measure of the authorities, acts of nature, fires, catastrophes, and other force majeure circumstances, as well as electricity shortfalls, global shortfalls in the work of Latvian and international segments of Internet network, routing system failures, failure of the domains distributed system, failures resulting from hacker or DOS-attacks. User is entitled to request the Service Provider to solve the problems of rendering the Services excluding the cases of force majeure circumstances.

8.6 Service Provider is entitled to amend or delete without noticing the User any information displayed on the Site.

9. DATA COLLECTION AND PROTECTION

9.1 All data that is collected is required by EUIPO. The Service Provider needs this information in order to fulfil its contractual obligations towards the User to register its trademark within EUIPO.

9.2 All the data that is provided by the User shall be shared with the EUIPO for which the User gives its permition.

9.3 The Service Provide shall keep records of the data that it has received by the User for a period of 10 (ten) years in connection to Service Provider tax obligations. For more information how Service Provider manages your information check our Privacy Policy here: https://www.ipstrateg.com/obshi-usloviya

10. DISPUTE SETTLEMENT

10.1. Service Provider is acting pursuant to the laws of the Republic of Bulgaria. Any dispute in connection with the use of “apply platform” and Services rendered through apply platform” according to the Agreement is governed by the laws of Republic of Bulgaria. All litigation with respect to the apply platform” and Services rendered through apply platform”, shall be submitted to the exclusive jurisdiction of Republic of Bulgaria and in accordance of the relevant laws of the Republic of Bulgaria.

10.2 Service Provider is entitled to terminate providing all Services, if the User infringes the Agreement. In this case, services fees are retained in full by the Service Provider and the costs shall be reimbursed to User if the costs have not been covered (paid to EUIPO). If the costs have been paid to EUIPO the Service Provider does not reimburse them to the User.

11. AMENDMENTS

11.1 Service Provider is entitled to amend those Terms and Conditions at any time without notice to the User. The change of the Terms and Conditions shall have effect and shall apply between the User and the Service Provider from the date the amended terms are published on the internet page of the Service Provider.

Those General Terms are in force as of December 4, 2024