PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
IP CENTRAL GMBH (hereinafter: “IP CENTRAL”) is a german corporation located in Munich, Germany, that develops Internet and software technology to aid customers interested in intellectual property to research and register trademarks and designs.IP CENTRAL is NOT a law firm and cannot provide any legal advice. However IP CENTRAL cooperates with the specialized german IP law firm BREUER LEHMANN RECHTSANWAELTE (www.trademark365.com / www.breuerlehmann.de) (hereinafter “BREUER LEHMANN”). Requests for trademark and design registrations and related legal services are handled by this qualified law firm directly. Only fully automated services rendered may be provided and processed by IP CENTRAL itself. The users will be noticed when using a service handled by BREUER LEHMANN in advance.
By using our website you agree to follow and be bound by these terms and conditions and agree to comply with all applicable laws and regulations.
The services of the IP CENTRAL and BREUER LEHMANN address exclusively to persons or companies who upon conclusion of the contract act in their commercial or independent professional activity (business users) and to legal entities of public law and public special fund and not to consumers. By accepting these Terms and Conditions the customer warrants, that he is a corresponding commercial user.
The customer’s terms and conditions do not apply to the aforesaid services of IP CENTRAL and BREUER LEHMANN.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.
§ 1 Products and Services
IP CENTRAL offers electronic tools and technologies related to research, obtain and manage intellectual property rights IP CENTRAL is not a law firm and therefore does not provide legal services and/or legal advice. The IP information provided on this website is free government and non-government public data. Intellectual property rights registration and related legal services are solely and directly handled by BREUER LEHMANN. By using these services you agree that the information you enter e.g. to register a trademark is passed on to BREUER LEHMANN.
§ 2 Use of the IP CENTRAL Software tools and services
- You may use IP CENTRAL Software solely for purposes of enabling you to use and enjoy the IP CENTRAL Services as provided by IP CENTRAL, and as permitted by the terms and conditions. You may not incorporate any portion of the IP CENTRAL Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the IP CENTRALSoftware or otherwise assign any rights to the IP CENTRAL Software in whole or in part. You may not use the IP CENTRAL Software for any illegal purpose. We may cease providing any IP CENTRAL Software and we may terminate your right to use any IP CENTRAL Software at any time. Your rights to use the IP CENTRAL Software will automatically terminate without notice from us if you fail to comply with any of these Terms. All software used in any IP CENTRAL Service is the property of IP CENTRAL and protected by Federal German and international copyright laws.
- The shown trademark and IP records are public information displayed on our website. IP CENTRAL does its best to make sure it’s data is current and accurate but cannot guarantee the accuracy of the data on the site.Individual records on our websites might be removed or masked because of owner request. Furthermore, due to technical circumstances, IP CENTRAL cannot guarantee that all the information on the site is completely current.
The fact that there is no trademark listed in our databases does not necessarily mean that this trademark is available. Before registering a trademark IP CENTRAL strongly recomends to ask specialized lawyers to conduct comprehensive trademark and / or design research upfront due to the fact that high costs might arise in IP law suits. In some cases, there may be current uses in commerce and common law rights that may prevent other marks’ registration and/or enforceability. However IP CENTRAL is not a law firm and cannot provide any legal advice. Visitors on our websites are requested to contact a trademark attorney such as BREUER LEHMANN.
§ 3 Processing Services, Client-Lawyer Relationship
Prior to providing any legal services to soliciting users, BREUER LEHMANN conducts a conflict of interest check in order to conform to any applicable bar rules and/or regulations in Germany. Conflict of interest checks are conducted wholly by BREUER LEHMANN. In the event that a conflict of interest exists, BREUER LEHMANN will notify applicable users. Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, the BREUER LEHMANN will refund the user for any fees paid in anticipation of legal services rendered.
BREUER LEHMANN handles all services rendered related to legal advice especially trademark and design registrations. If services are provided solely by BREUER LEHMANN the users will get notified before and a client-lawyer relationship shall come into existence upon confirmation of the accepted assignment being provided by BREUER LEHMANN.
The scope of the client-lawyer relationship shall be limited by the Client’s specific assignment.
BREUER LEHMANN shall be obligated to apply for judicial remedy or lodge appeals only upon receipt and acceptance of a written assignment by the client.
IP CENTRAL and BREUER LEHMANN guarantee strict confidentiality on user data. BREUER LEHMANN guarantees compliance with the Rules and Regulations for the German Bar (Bundesrechtsanwaltsordnung (BRAO)) as well as with the Professional Code of Conduct for Lawyers (Berufsordnung (BORA)) and any other relevant legal provisions.
§ 4 Liability, Limitation of Liability
- IP CENTRAL is liable irrespective of the following limitations under the statutory provisions for injury to life, body and health of the customer based on a negligent or intentional breach of duty by the IP CENTRAL, its legal representatives or agents, as well as damage of the liability under the German Product liability Act.For damages that are not covered by the sentence above and that are based on intentional or grossly negligent behavior of legal representatives or agents IP CENTRAL, IP CENTRAL is liable under the statutory provisions. In the case of gross negligence, the liability of IP CENTRAL is limited to foreseeable and typical contractual damages.In case of breach of duty, the breach of which would jeopardize the purpose of the contract and whose fulfillment the customer can legitimately rely on (cardinal obligations) IP CENTRAL is also liable for simple negligence. However, IP CENTRAL is liable only for damages that are typically associated with the contract and predictable.Damage claims, if they are not based on injury to life, body or health or due to gross negligence, shall expire 12 months from the due date of the claim.IP CENTRAL shall not be liable for technical or temporal restrictions on the use of tools, provided that they are based on technical difficulties.
- BREUER LEHMANN shall be liable to the Client for any damage caused by intent or gross negligence by themselves or their staff, regardless of the legal ground.BREUER LEHMANN’s liability on the basis of the client-lawyer relationship for damages caused by slight negligence shall herewith be limited to Euro 1 million (1.000.000 €). This limitation shall not apply in the event of gross negligence or intentional causing of damage and, furthermore, neither to liability for personal injury.BREUER LEHMANN have taken out third party liability insurance exceeding the legally required minimum. On the Client’s request and expense, additional further insurance may in particular cases be taken out.
§ 5 Client’s Duty to Cooperate
The Client shall inform BREUER LEHMANN completely and in detail on any facts and circumstances known to him/her the knowledge of which is indispensable to BREUER LEHMANN for handling the matter.
§ 6 Fees
- The compensation to be paid to BREUER LEHMANN is based on the German Lawyers’ Compensation Act (Rechtsanwaltsvergütungsgesetz – RVG), unless a differing written agreement (consultancy contract, compensation agreement) is in a given case entered into. Hourly rates will be charged per 15-minute periods or part thereof.
- Flat fee services especially in trademark and design registration services filing apply and might be charged in advance to the service of BREUER LEHMANN as shown on the website schedule and fees. Official fees might arise and have in general to be paid to the respective trademark office / court.
- In case settlement is in accordance with the RVG, the basis of accounting shall generally be the value of the matter in dispute.
- BREUER LEHMANN shall be authorised to ask for reasonable advance payments.
- All professional charges shall be due upon invoicing, payable immediately free of deductions.
- The Client shall be permitted to offset any counterclaims with claims by BREUER LEHMANN (fees and expenses) only in the case of undisputed claims or claims recognised by declaratory judgment.
§ 7 Professional Confidentiality, Data Protection
IP CENTRAL undertakes to maintain data confidentiality in accordance with the German Federal Data Protection Act.
- IP CENTRAL assures that personal data of customers is only collected, stored and processed if necessary and for contractual services permitted by law, in particular those of the German Federal Data Protection Act, or is ordered by the legislature.
- IP CENTRAL is prohibited to reveal this data to third parties without the written consent of the customer. The sole power of all the personal data thus remains with the customer who is thus determined solely on the collection, processing or use of customized files.
- The customer of the IP CENTRAL may revoke at any time his consent regarding data protection declarations agreed upon during the use of the IP CENTRAL.
- BREUER LEHMANN shall for an indefinite period of time be obligated not to disclose any information or business secrets of the Client coming to their knowledge in connection with the client-lawyer relationship. Any dissemination to third parties not involved in the performance of the assignment shall only be permitted with the Client’s consent.
- BREUER LEHMANN shall be authorised to collect, record and process the Client’s personal data within the scope of the purpose of the assignment, taking account of data protection regulations.
- BREUER LEHMANN refer to the fact that a loss of confidentiality and security is inherent in rapid and uncomplicated communication by facsimile and e-mail.
- Personal data such as the company adress or the adress of the client as a holder of a trademark or other intellectual property right may of course be revealed to e.g. trademark offices and respective public IP databases.
§ 9 Miscellaneous
- If any provision is or becomes invalid, or the provisions contain a loophole, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision a valid provision shall be agreed most closely matches the desired provision efficiently next.
- All contractual relationships between the parties shall be governed exclusively by the law of the Federal Republic of Germany.
- The legal venue shall be Munich / Germany, provided that the Client is a merchant, a legal person under public law or separate funds under public law.
MUNICH, May 20th, 2018