TERMS AND CONDITIONS

Profitmark.net («service») is developed by UAB "PROFITMARK" ("We", "Registrar", "Company")

Profitmark is used by the company as a trademark.

Please, read this document before using the service. All of the above terms and conditions form a legally binding agreement between the User ("Registrant", "Applicant") and the Registrar. Registration on the site, ordering of a service, payment of the Registrar’s invoice means a full and unconditional acceptance of this agreement, all the rules, terms, restrictions and other conditions hereof.

The Registrar shall  be entitled to amend this agreement at its sole discretion at any time without informing the Registrant. The user can get review the current terms and conditions of the agreement on this page.

PRIVACY POLICY

By registering with the service, the Registrant is required to provide accurate and truthful information about itself. Trademarks, domain names applied for by the applicant will be registered for the person whose details are given in the application for registration on the Service. The trademark certificate will be sent to the email specified by the Registrant. All messages and notifications from the service will be sent to the Applicant’s email.

Responsibility for provision of false information shall be incurred by the Registrant. The Registrar is not required to identify the Applicant, or to check the information provided. However, Profitmark.net shall be entitled, at its sole discretion, to request the customers to provide documentary evidence of the personal contact information provided for the purpose of precise identification of right holders.

The Registrant shall agree to the storage and processing of data provided by it. The Registrar shall be entitled to transfer the Registrant’s data to the third parties, e.g. patent attorneys or partners directly representing the Registrant’s interests in a particular country or a group of countries.

The Applicant also confirms its awareness of the fact that these data will be published in the official registry of trademarks in the countries where the trademark was registered.

TRADEMARK SEARCH

Profitmark.net provides the Users with a free opportunity to check the trademark.

The service database is filled from open sources, i.e. national registries of departments, registries of international organizations and private registries. The Registrar shall not be responsible for timeliness, completeness and accuracy of the information obtained by the Registrant according to free search results.

Using this tool, the Registrant will be able to receive information about similar and identical trademarks. However, when the expertise produces a confusingly similar trademark not included in the search results at the time of check, the Registrant shall not be entitled to present any claim to the Registrar. The user shall analyze the results and assess the risks it may face during registration. The Registrar shall not be liable for conclusions drawn by the User using the free search. The Registrar recommends using a free trademark search as a subsidiary tool.

The professional search shall be conduct by a specialist in intellectual property, a patent attorney of Profitmark.net or a patent attorney-partner.

The search shall be conducted using open sources, e.g. the national registries of departments, registries of international organizations and private registries. It will analyze the possible grounds for refusal in trademark registration, i.e. a descriptive nature, violation of the public policy regulation, similar and identical trademarks. As a result of the search, the specialist shall prepare a report describing all possible risks, assess the prospects for successful trademark registration and make its recommendations.

This conclusion is a recommendation and the Registrant shall decides independently whether to obey these recommendations or not. Profitmark.net does not guarantee the registration of the Registrant’s trademark, even if the search conclusion found no risk of registration rejection and the specialist assessed the perspective of trademark registration as positive. Profitmark.net, patent attorneys and specialists shall not bear any responsibility, when their recommendations and conclusions based on the search results do not coincide with decision of the examination board in the country of registration. The preliminary search shall last for 7 business days.

TRADEMARK REGISTRATION

Profitmark.net receives a application from the Registrant and file an official application to the Office of the country in which it wants to register a trademark within three business. Within 14 days, the Registrar uploads confirmation of the application acceptance by the Office to the User’s personal account. This period may be extended in case of delay of this document submission by the Office or the partner in the country of registration.

The cost of registration shall include official fees and Service fee. Registration fee shall not include the trademark analysis for the risk of refusal in registration, trademark check, recommendations of specialists on the possibility to register a trademark, preparation of a response to the preliminary refusal or objection to the trademark registration. All these services are provided for a fee and shall be ordered separately.

The Registrar, patent attorneys, and service employees shall not be liable for refusal to register the trademark; any damage, direct or indirect, caused to the Registrant or its affiliates as a result of refusal to register the trademark. The decision on trademark registration shall be made by the Office of the country in which it is being registered, and Profitmark.net may not affect the decision of the examination board in any way. Payment for trademark registration, official fees and Profitmark.net fee shall be non-refundable in the event of refusal to register the trademark.

The trademark registration can last up to 24 months, depending on the country. Excess of this term shall not imply any responsibility for the Registrar, since the term of application consideration is determined by the Office of the country in which the trademark is being registered. The Registrant shall be able to get information about the current status of the application in its personal account or by email.

TRADEMARK MONITORING

This service involves informing the Registrant on applications for similar or identical trademarks, which may violate the Registrant’s rights. Within 12 months from the date of payment, the Registrar shall provide reports containing similar designations and make its recommendations. All reports shall be recorded in the Registrant’s personal account.

This service shall not include preparation of objections to the registration of similar trademarks. The cost of preparing such an objection may vary by a country, and we can provide this information on request from the Registrant.

The Registrar shall not be liable in case of absence of the trademark, which the Registrant believes confusingly similar to its own, in the monitoring report. Monitoring report is a subjective opinion of a specialist, and it can differ from the User’s opinion. 

DOMAIN NAME REGISTRATION

The domain names shall be registered in accordance with the rules and features of domain areas established by regulations and rules of domain name registration. The process of domain name registration involves providing personal information about the domain name Registrant. In this case, the data identifying the user are open and may be published in the public domain (e.g., WHOIS database).

The Contractor, Administrator and Operator of the domain name registries shall not be responsible for the use, disuse or misuse of the domain names by the Registrant, including to the third parties, including in the event of the Registrant’s violation of any third party rights.

Domain name shall be registered automatically upon receipt of funds paid by the Customer.

The time required for the domain registration may vary from 5 minutes to 14 days upon crediting of funds to the Contractor’s settlement account.

LIABILITY

Profitmark.net is an intermediary between the Registrant and Patent Offices in 150 countries, as well as patent attorneys-partners. The Service does not guarantee the registration of a trademark in a particular country. The Registrar guarantees filing of an application for registration on the name of the Applicant after payment of the invoice and issue of the power of attorney, and after examination, it shall report the final decision of the examination board. Thus, the Service, patent attorneys, employees, managers, and owners cannot take any responsibility for any direct or indirect damage caused to the Registrant as a result of services provided hereunder.

In any case, the responsibility of the Registrar may not exceed the Registrar’s fee. Official fees incorporated in the service cost shall not be refundable in any circumstances.

In the event of a claim, the Registrant shall send its content to the Registrar by e-mail tm@profitmark.net within three business days from the date of its emergence. The Registrar shall examine the complaint and respond to the Registrant within 10 business days.

GENERAL PROVISIONS

The relationship between the Registrant and the Registrar arising herefrom shall be governed by the law of the Republic of Lithuania. In the event of a dispute, the Parties shall make every effort to settle the same by negotiation. In the event of failure to reach a solution, the Parties may apply to the court to settle the same according to the laws of the Republic of Lithuania.

Having ordered a service from profitmark.net, the Registrant confirms that it reviewed all terms and conditions of this agreement and accepted its provisions. If the Registrant disagrees with this agreement, it should not register on profitmark.net, order and pay any invoice, since it will automatically confirm its acceptance of all these terms and conditions.