General Terms and Conditions
General Terms and Conditions (T&Cs)
The non-binding offer is good for companies/entrepreneurs (Section 14 German Civil Code) and does not apply to consumers or end users.
All prices are net excluding statutory value-added tax. The prices quoted are out-of-court, flat-rate lawyer’s fees for the service packages designated in detail. The prices quoted are valid for placing the order using the online forms. The prices quoted do not apply to orders placed via other communication channels. Cost estimates will always be provided in advance for any activities not included in the service packages. In case of doubt, judicial or other legal activities will be invoiced without further agreement in accordance with the statutory provisions of the German Lawyers’ Fees Act (RVG).
There will be no refund if any paid service packages are only partially used. The official fees of the competent Trademark Offices are to be paid separately.
2. Client-lawyer relationship
The client-lawyer relationship shall become effective upon acceptance of the order by Wuesthoff & Wuesthoff, which may also consist in performing the order.
3. Order processing
The order to register, renew, or monitor a trademark will be processed immediately after receipt of the order if payment is made by PayPal or credit card. The order for the registration, renewal, or monitoring of a trademark will be processed immediately after receipt of payment if payment is made against invoice.
4. Scope of service
The scope of the client-lawyer relationship is defined in the service packages designated in detail. Additional detailed individual legal advice is not included and must be ordered separately. Verbal information within the scope of an initial consultation or information given by telephone are not binding without written confirmation. The achievement of a certain success, in particular the registration of an IP right, shall not be owed. Trademark applications always carry the risk that third parties taking action against the trademark registration, in particular by filing of opposition due to earlier trademark rights, by filing a request for cancelation, or by issuing a warning letter with costs. This may lead to claims for cost reimbursement against the trademark applicant.
Even though our research has been carried out with the greatest possible care, Wuesthoff & Wuesthoff is not responsible for the completeness and accuracy of the research result, which is based on information from third-party databases. Accordingly, Wuesthoff & Wuesthoff shall not be liable for any damage arising from errors, inaccuracies, or missing data, including but not limited to
- the incorrect classification of goods and services,
- the late transfer to the database,
- the incorrect classification of image components,
- the incorrect indexing of word elements of the trademarks,
- incorrect color reproduction in the public databases on which the data is based.
In addition, it must be taken into account that the databases in which the search was carried out do not contain the following rights, which may also be invoked against the registration and use of the researched trademark:
- marks applied for which were not yet contained in the researched databases at the time the search was carried out
- marks filed in countries other than the searched countries and still within the 6-month priority period, so that they may still be extended to the searched countries from the filing date of such first application
- well-known marks within the meaning of Article 6bis of the Paris Convention
- use-based rights, such as rights to a name, company sign, title
- identical or similar well-known marks whose scope of protection is not limited to identical and similar goods/services, but also covers dissimilar goods/services
- copyrights/design rights.
Finally, it must be taken into account that the risk classification of German and foreign trademarks corresponds to our experience as German legal professionals, but it cannot be predicted whether the owners of found trademarks would take action against the registration or use of the searched trademark irrespective of the objective chances of success, or whether legal professionals from the country in which foreign trademarks are applied for or registered would give an assessment that is differing from our risk assessment.
By providing the email address, the client agrees, revocable at any time, to receive information to the client-lawyer relationship by email without restrictions. Communication by email and the sending of documents via the Internet occur solely at the client’s risk.
The liability of Wuesthoff & Wuesthoff arising from the client-lawyer relationship is limited to EUR 1 million for any damage caused by simple negligence for each individual case. Where information on processing time is provided, such information shall be considered approximate. In the event of force majeure or delays or interruptions in the transmission of information for which suppliers and telecommunications service providers are responsible, the processing time shall be extended. Any liability for consequences resulting therefrom shall be excluded.
The data on which the trademark searches are based rely on data from Patent and Trademark Offices or professional service providers. Due to the dependence of the database providers on the data supplied by the Patent and Trademark Offices, it cannot be guaranteed that the data is up-to-date on a daily basis. Therefore, no responsibility is assumed for the information of the identity and similarity search to be complete, correct, or current.
7. Applicable law/Legal venue
The legal relationship shall be governed by and construed in accordance with the laws of Germany in exclusion of the provisions of international private law.
Exclusive legal venue and place of performance is Munich, Germany.
Last updated: March 16, 2020