I. Terms of use for the website

1. Free use

Under the domain www.tmdb.eu, IP Central GmbH provides a trademark search engine online. With our trademark search engine, you can carry out searches for registered and registered trademarks.

The market data provided at www.tmdb.eu is provided to IP Central GmbH by the European Union Intellectual Property Office (EUIPO), the German Patent and Trademark Office (DPMA), the Swiss IGE, WIPO and the United States Trademark and Patent Office USPTO provided .

Personal trademark data is hidden by technical means, but is part of the necessary information regarding trademark data.

No guarantee can be given for the accuracy, completeness and timeliness of the data provided. For professional trademark searches trademark lawyers shall be asked.

2. Provision of data by the user

If the user enters data on www.tmdb.eu, for example, to receive status updates to trademarks (e-mail address, name), IP Central GmbH only stores and uses this data to ensure the service requested by the user. By providing the data, the user agrees that IP Central GmbH may contact him regarding user surveys and other services offered by IP Central GmbH. The user can also object to this by e-mail.

Further information can be found in our privacy policy.

3. Legal services

All legal services offered through the website www.tmdb.eu are provided and billed by the law firm BREUER LEHMANN RECHTSANWÄLTE, Steinsdorfstraße 19, 80538 Munich, Germany.

II. Mandatory conditions for legal services offered through the website

§ 1 Subject matter of the contract and scope of services

The subject of the order is the agreed activity (trademark research, short reports, trademark application, design application, etc.). Unless otherwise determined, only German law must be examined and the implementation of the contract must be based. Achieving a certain success, in particular the registration of a trademark right, is not due.

The searches are based on the data of the patent and trademark offices. Therefore, no guarantee can be given as to the results of the identity and similarity search in terms of completeness, accuracy or timeliness.

A trademark application carries the risk of third parties taking action against trademark registration, lounging an application for deletion, or demanding a fee, in particular on the basis of older trademark rights. This can create a cost risk for the client. In the event of opposition or deletion proceedings, the trademark may be deleted again.

The activity is not included in the event of a threat of a refusal of the registration or in the opposition proceedings. These and further legal or judicial activities must be explicitly mandated separately and, unless otherwise agreed upon, will be billed separately according to the employment rate of EUR 250 net after the hourly expenses involved.

This is contrary to the inclusion of the client’s own terms, unless their validity has been expressly agreed.

The contract language is German. The text of the contract is stored with the firm, but is not available from the client. The client must therefore provide an expression or separate storage.

§ 2 Mandant’s obligations to cooperate

The client undertakes to provide the firm with the necessary documentation and information at all times for the agreed service. In addition, the client undertakes to provide all requested data about his person (in particular email address) and his request conscientiously and correctly and to notify notify changes immediately. The firm is not responsible for delays in the performance to be provided due to the disclosure of incorrect communication data. The client must ensure that the firm, as a brand representative, always has up-to-date communication data. The firm is under no obligation to take costly measures if, for example, mail or e-mails to the client are not available and, as a result, if necessary. An extension of a trademark cannot be carried out on time.

§ 3 Compensation

The permanent offer applies to companies und/or entrepreneurs (§ 14 BGB) and not to consumers (§ 13 BGB) or last consumer (§ 1 PAngV).

All price information is net prices exclusive to statutory VAT. The prices quoted are out-of-court, flat-rate attorney fees. A judicial or other legal activity is billed without further agreement in no doubt under the Lawyers ‘ Compensation Act (RVG).

The official fees of the relevant trademark offices must be paid separately.

All compensation claims are due with invoicing and are immediately payable without deductions.

Not every name, logo, design or slogan can automatically be registered as a brand or design. If the examination of an order is to the conclusion that an application as a trademark is not possible, at least one fee of EUR 149 (German brand) or EUR 349 (Unionmark) will be net for this examination.

The official fees shown are plus. To be paid for attorney compensation and will be calculated by the relevant trademark office even if the application is refused.

§ 4 Information

By communicating the e-mail address, the client revocably agrees at any time that mandate-related information will be sent to him by e-mail without restrictions. Communication via e-mail, as well as the sending of documents over the Internet, takes place solely at the risk of the client.

§ 5 Liability

Verbal information in the context of an initial consultation and telephone information is in principle non-binding without written confirmation. The liability of the law firm BREUER LEHMANN RECHTSANWÄLTE from the contract relationship caused by negligence is limited to 1.000.000 EUR (in words: One million euros) for each individual case.

The firm is not liable for the information provided by third parties and it is not liable for its completeness, accuracy or timeliness.

Any claims for damages by the client will expire. § 51b BRAO in three years from its inception, but no later than after the expiry of three years since the termination of the mandate.

§ 6 Data Protection

In accordance with Section 33 of the Federal Data Protection Act, the firm points out that personal data is stored, used and processed on data carriers as part of the implementation of the contract by the firm. To the extent that the law firm uses third parties to provide the services offered, the firm is entitled to disclose the customer data if necessary to ensure the operation. The customer hereby agrees.

Personal data will only be collected and used to the extent necessary for the processing of contact and a later term of any mandate. The user can request information about the personal data stored by him at any time. It may also request the deletion of the personal data it contains, provided that the mandate has been terminated or that the client has not been fully established and the retention of the data is not required by law.

§ 7 Court of jurisdiction

The place of jurisdiction for all disputes arising from the mandate relationship is Munich, Germany.

§ 8 Salvatory Clause

In the event that parts or individual formulations of this text do not, no longer or do not fully comply with the applicable legal situation, the remaining parts of the local Terms and Conditions remain unaffected in their content and validity.

IP Central GmbH
Munich, 14.05.2018