Profitmark (referred to as the "service") has been developed by Profitmark International SL (referred to as "We," "Registrar," or "Company").
The term "Profitmark" is utilized by the company as its trademark.
Prior to utilizing the service, it is imperative to thoroughly read this document. The entirety of the aforementioned terms and conditions collectively constitutes a legally binding agreement between the User (referred to as the "Registrant" or "Applicant") and the Registrar. By registering on the website, placing a service order, and making payment for the Registrar's invoice, you signify complete and unconditional acceptance of this agreement, including all the stipulations, rules, limitations, and other conditions detailed herein.
Please be aware that the Registrar retains the right to modify this agreement at its sole discretion, without providing prior notice to the Registrant. The current terms and conditions of the agreement can be reviewed on this page.
PRIVACY POLICY
Upon registering with the service, the Registrant is obligated to provide accurate and truthful information about themselves. Trademarks and domain names sought by the applicant will be registered under the details furnished in the registration application on the Service. The trademark certificate will be dispatched to the email address specified by the Registrant. All correspondence and notifications from the service will be directed to the Applicant's email.
It is crucial to note that the Registrant bears responsibility for submitting accurate information. The Registrar is not obligated to authenticate the Applicant's identity or verify the provided information. However, Profitmark reserves the right, at its sole discretion, to request documentary evidence from customers in order to precisely identify right holders, based on the personal contact information provided.
The Registrant's agreement to the storage and processing of the provided data is required. The Registrar is authorized to share the Registrant's data with third parties, such as patent attorneys or partners who directly represent the Registrant's interests in specific countries or regions.
The Applicant is also advised that this data will be publicly accessible in the official registry of trademarks within the countries where the trademark has been registered.
TRADEMARK SEARCH
Profitmark offers Users the opportunity to conduct a free trademark search.
The service database is populated using publicly available sources, including national registries, registries of international organizations, and private registries. The Registrar cannot guarantee the timeliness, comprehensiveness, and accuracy of information retrieved through the free search results.
While the Registrant can obtain information about similar and identical trademarks using this tool, it's important to note that if a confusingly similar trademark emerges during the examination that wasn't present in the initial search results, the Registrant cannot hold the Registrar liable. The User should assess the results and the potential risks associated with registration. The Registrar is not accountable for conclusions drawn by the User through the free search. The Registrar recommends using the free trademark search as a supplementary tool.
For a professional search, an intellectual property specialist, a patent attorney from Profitmark, or a partner patent attorney can be engaged. This search also relies on open sources such as national registries, international organization registries, and private registries. The search scrutinizes potential grounds for refusal in trademark registration, including descriptive nature, public policy violations, and similar or identical trademarks. Following the search, the specialist compiles a report outlining potential risks, evaluating the likelihood of successful trademark registration, and providing recommendations.
This report constitutes a recommendation, and it's at the Registrant's discretion whether to heed these suggestions or not. Profitmark does not guarantee trademark registration, even if the search report identifies no registration risks and the specialist views the chances of registration positively. Profitmark, patent attorneys, and specialists bear no responsibility if their recommendations and conclusions, based on search results, differ from the decisions made by the examination board in the registration country. The preliminary search process spans 7 business days.
TRADEMARK REGISTRATION
Upon receiving an application from the Registrant, Profitmark.net promptly submits an official application to the relevant Office in the desired country for trademark registration, typically within three business days. Within 14 days, confirmation of application acceptance by the Office is uploaded to the User's personal account. If there's a delay in document submission by the Office or partner in the registration country, this period may be extended.
The cost of registration covers both official fees and the Service fee. However, it's important to note that this fee doesn't encompass the analysis of trademark registration risks, trademark checks, specialist recommendations regarding registration feasibility, preparation of responses to preliminary refusals, or objections to trademark registration. These services are available for a separate fee and should be requested accordingly.
It's important to clarify that the Registrar, patent attorneys, and service staff bear no responsibility in cases of trademark registration refusal, or for any direct or indirect damages suffered by the Registrant or its affiliates due to trademark registration denial. The decision to register a trademark rests with the relevant Office in the registration country, and Profitmark's influence over the examination board's decision is limited. In the event of trademark registration refusal, payments made for trademark registration, official fees, and Profitmark's fee are non-refundable.
The timeline for trademark registration varies and can extend up to 24 months, contingent on the country's policies. Any delays beyond this timeframe should not be attributed to the Registrar, as the duration of application processing is governed by the registration country's Office. Registrants can access the current application status through their personal account or email updates.
TRADEMARK MONITORING
This service involves notifying the Registrant about applications for trademarks that are similar or identical and could potentially infringe upon the Registrant's rights. Within 12 months from the payment date, the Registrar provides reports containing similar designations and offers recommendations. All these reports are documented in the Registrant's personal account.
It's important to note that this service does not include the preparation of objections against the registration of similar trademarks. The cost of crafting such objections may vary by country, and this information can be provided upon request.
The Registrar cannot be held liable if a trademark that the Registrant believes to be confusingly similar to its own is absent from the monitoring report. The monitoring report represents a subjective viewpoint of a specialist and may differ from the User's perspective.
DOMAIN NAME REGISTRATION
Domain names are registered in compliance with the regulations and guidelines of specific domain areas. The domain name registration process requires the provision of personal details about the domain name Registrant. Please note that the identifying data of the user may be made publicly available and published in databases like WHOIS.
It is important to emphasize that the Contractor, Administrator, and Operator of domain name registries cannot be held responsible for the Registrant's utilization, non-utilization, or misuse of domain names, even when it involves third parties. This includes instances where the Registrant infringes upon third-party rights.
The domain name registration is automated upon receipt of the payment from the Customer. The timeframe for domain registration can vary, ranging from 5 minutes to 14 days, contingent upon the successful transfer of funds to the Contractor's account.
LIABILITY
Profitmark operates as an intermediary between the Registrant and Patent Offices across 150 countries, along with its patent attorney-partners. It is essential to recognize that the Service does not guarantee the successful registration of a trademark in a specific country. The Registrar ensures the filing of registration applications in the name of the Applicant, following invoice payment and power of attorney issuance. Following examination, the Registrar communicates the final decision made by the examination board. Therefore, the Service, patent attorneys, employees, managers, and owners cannot be held accountable for any direct or indirect damages incurred by the Registrant due to the services provided.
Under any circumstances, the Registrar's liability cannot exceed the Registrar's fee. The official fees incorporated into the service cost are non-refundable.
Should a claim arise, the Registrant is required to send its content via email to tm@profitmark.eu within three business days from the date of the issue's emergence. The Registrar will review the complaint and respond to the Registrant within 10 business days.
GENERAL PROVISIONS
The relationship between the Registrant and the Registrar, as established by this agreement, is subject to the laws of the Republic of Lithuania. In the event of a dispute, both Parties are encouraged to engage in negotiations for resolution. If such negotiations fail to yield a resolution, the Parties may resort to legal recourse, following the laws of the Republic of Lithuania.
By engaging the services of Profitmark, the Registrant affirms that they have read and accepted all the terms and conditions outlined in this agreement. Disagreement with this agreement should dissuade the Registrant from registering on Profitmark, placing service orders, or making any invoice payments, as these actions will automatically indicate acceptance of all the terms and conditions presented here.
CONSENT TO THE PROCESSING OF PERSONAL DATA
I voluntarily give my consent to the company Profitmark International S.L., registered and operating at the address CALLE COMERCIO 2 ESC. 1, PLANTA 1, PUERTA J, 28007, MADRID, to process my personal data, including but not limited to my name, address, email, telephone number, and other data that I provide during the registration of a trademark through the website Profitmark.eu and the corresponding mobile application.
Purpose of processing: My data will be used exclusively for the purpose of processing and registering the trademark application, as well as to ensure the possibility of communicating with me regarding this application. I consent to the publication of my data in open sources - trademark registers.
Data retention period: My personal data will be stored by the company for as long as necessary to fulfill the mentioned purposes, but not longer than what the law allows.
Rights regarding personal data: I confirm that I am informed about my rights of access, correction, deletion, or limitation of the processing of my data, the right to object to processing, as well as the right to data portability, in accordance with the European General Data Protection Regulation (GDPR).
Right to withdraw consent: I understand that I have the right to withdraw this consent at any time, previously informing the company in writing.