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Trademarks Terms & Conditions - DURY Rechtsanwälte

General Terms and Conditions for trademark services of DURY - V 3.0

1. General

1.1 The following contractual provisions (GTC) apply to all trademark related contracts concluded with DURY, proprietor: Rechtsanwalt Marcus Dury LL.M., Beethovenstr. 24, 66111 Saarbrücken (hereinafter: DURY).

1.2 The use of the trademark services of DURY is reserved exclusively for companies and self-employed persons. Consumers may not use the trademark services of DURY.

1.3 DURY does not recognise any deviating general terms and conditions unless DURY has expressly agreed to them in writing.

1.4 All legally relevant agreements between DURY and you within the framework of providing the legal trademark services of DURY, which are commissioned are set out in these general terms and conditions and the written advisory contract closed prior to execution of the trademark service.

2. Assignment

2.1 The initial assignment is concluded by filling out the order form and clicking the order button.

2.2 The client can correct input errors by re-entering the correct data in the respective fields of the order form. Within the order forms the client can navigate with the buttons "forwards" and "backwards".

2.3 All contracts concluded are concluded with DURY.

2.4 The contract language is German.

2.5 DURY reserves the right to refuse a mandate even after assignment and signing the power of attorney unless the written advisory contract is closed. The client will be notified of the rejection within a reasonable period of no more than two weeks after assignment.

3. Storage of Contract Data

All contract data will be stored by DURY and sent to the client separately in text form to the e-mail address he provided. These general terms and conditions can also be called up and printed out on the website of DURY.

4. Scope of Services

4.1 Only the agreed performance shall be owed and not a specific success.

4.2 Unless specifically mentioned in the service description, the services of DURY do not include detailed individual legal advice via the Internet or over the telephone. 

4.3 The trademark services offered in the trademark order forms do not include individual activities of DURY in the event of a trademark opposition or an application for cancellation or a rejection of registration due to the lack of protectability of the trademark applied for. The client needs to expressly assign DURY to commission these legal or judicial activities separately based on the hourly rates of DURY.

4.4 Communication with DURY takes place primarily by e-mail. Since no absolute encryption of individual e-mails can be carried out, DURY informs about the security risk involved in e-mail communication. The client shall not send information to DURY that needs to be protected against third party access. DURY will also send relevant information about deadlines to the clients. The client therefore agrees to check his emails within reasonable time.

4.5 Unless otherwise specified, DURY is only obliged to carry out all trademark services based on German law.

5. Prices

5.1 All prices are net prices and do not include statutory value-added tax or official fees, unless otherwise expressively stated.

5.2 The official fees are fixed fees of the respective registry offices. With regard to the DPMA, these are governed by the Patent Costs Act and the DPMA Administrative Costs Ordinance. Further information can be found, for example, on the website of the DPMA (www.dpma.de).

5.3 The deduction of a cash discount requires a special written agreement.

5.4 The lawyer's fees are extrajudicial, flat-rate fees pursuant to § 4 (2) RVG, which may exceed any applicable RVG fees, so that reimbursement in the event of a dispute may not be possible in full.

5.5 The legislator permits the agreement of lower fees than the statutory fees only in out-of-court activities. Should a dispute arise in court as a result of a trademark application, at least the fees payable under the Federal Lawyers' Fees Act will be invoiced by DURY.

6. terms of payment

6.1 DURY only accepts the following payment methods:

  • Bank transfer by invoice
  • Direct debit according to invoice
  • Payment via PayPal

6.2 Unless otherwise stated in the order confirmation, the lawyer's fee is due for payment without deduction immediately from the invoice date. The statutory regulations concerning the consequences of default in payment shall apply.

6.3 The client shall only be entitled to set-off rights if counterclaims have been legally established, are undisputed or have been recognised by DURY. The client is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

7. obligations to cooperate

The client shall inform DURY of the mandate in detail and comprehensively at all times. It is the responsibility of the client to carefully read through all documents sent for review and approval and to immediately return any ambiguities to DURY by means of remarks and comments - if possible by e-mail - stating the reference number provided.

8. Liability

8.1 A trade mark application may infringe the trade mark rights of proprietors of earlier trade marks. There is therefore a risk that a trademark application may trigger a warning or an opposition to registration or an application for cancellation. This creates a cost risk for you. This risk is higher for a trademark application with identity searches than for a similarity search. However, despite extensive and technically correct trademark and company name searches, it cannot be prevented that the priority of a confusing trademark is moved forward and thus the priority of the property right applied for can be "overtaken" afterwards.

8.2 Claims for damages or reimbursement of futile expenses against DURY shall be governed by the following provisions regardless of the legal nature of the claim.

8.3 The liability of DURY is excluded - for whatever legal reasons - unless the cause of damage is based on intent and/or gross negligence of DURY, or the employees, representatives or vicarious agents of DURY. Insofar as the liability of DURY is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of DURY.

8.4  DURY shall be liable in accordance with the statutory provisions for damages resulting from injury to life, limb or health resulting from an intentional, grossly negligent or negligent breach of duty by DURY or a legal representative or vicarious agent of DURY.

8.5 If DURY violates at least negligently an essential contractual obligation, i.e. an obligation whose observance is of particular importance for the achievement of the purpose of the contract and which forms the basis of the concluded contract (essential contractual obligation or cardinal obligation), the liability is limited to the typically occurring damage, i.e. to such damage the occurrence of which must be typically expected within the framework of the contract.

8.6 In accordance with § 51b BRAO, your claims for damages shall become statute-barred three years after their occurrence, but no later than three years after termination of the mandate.

9. Final Provisions

9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.2 If the client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of DURY, Beethovenstr. 24, 66111 Saarbrücken, Germany.

9.3 The same applies if the client are an entrepreneur within the meaning of § 14 BGB (German Civil Code) and does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. The authority of  DURY to appeal to a court at another legal place of jurisdiction remains unaffected by this agreement.

*Wichtiger Hinweis:

Alle Leistungen, außer der Bearbeitung von Filesharing-Fällen für Verbraucher i.S.d. § 13 BGB, richten sich ausschließlich an Unternehmer i.S.d. § 14 BGB, nicht an Verbraucher i.S.d. § 13 BGB! Alle Preisangaben außerhalb des Bereichs der Abwehr von urheberrechtlichen Abmahnung wegen Filesharings erfolgen daher als Netto-Preise.

 EFRE KOM rgbneu

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