Terms and Conditions

TERMS AND CONDITIONS

The website Trademarkitaly.it is managed by Merico legal IP Law firm located in Rome, Italy. The requests for trademark filings are handled by Merico Legal qualified trademark attorneys.  

By using Trademarkitaly.it website, you agree to follow and be bound by these terms and conditions and agree to comply with all applicable laws and regulations. It is your responsibility to review these terms and conditions periodically, and if at any time you find these terms unacceptable or if you do not agree to these terms, please do not use this Site. We are allowed to revise these terms of use at any time without notice to you. If you have any questions about these terms and conditions, please contact us at info@trademarkitaly.it.

Please also refer to Trademarkitaly.it Disclaimer which is incorporated by reference herein.

1. Representation

I understand that if I decide to file a trademark application via Trademarkitaly.it “apply on-line” webpage, I will be represented by Merico Legal IP Law Firm attorneys in front of the Italian Trademark and Patent Office, upon signing a Power of Attorney, and after a successful conflict check.

I understand that attorneys at Merico Legal IP Law Firm will not share confidential information with third parties.

I understand that legal services fees are earned by the Law firm Merico Legal.

I understand that I am free to choose any licensed Italian trademark attorney to represent me in front of the Italian Patent and Trademark Office.

I agree that by using services provided by trademarkitaly.it I’m at least 18 years of age and I am legally able to enter into contract.

2. Conflict of Interest Check

Prior to providing you related legal services our attorneys will conduct a conflict of interest check in order to conform to any applicable bar rules and/or regulations. In the event that a conflict of interest exists we will notify to the you.  Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, we will refund you for any fees paid in anticipation of legal services rendered.

3. Registration fee

Registration fees indicated via the “apply on-line” form are referred to the review of the application information submitted by user,  the Italian domiciliation of the applicant for registration purposes,  the payment of the Govm.t fees, the filing of the trademark application in front of the Italian Trademark Office, the providing of information regarding the registration procedure, the collecting of the registration certificate. During the evaluation of your trademark application by the Italian Trademark Office, if there are any objection we will response for free. Otherwise, if an opposition will be filed by the owner of a previous registered trademark,  you will need to pay an extra fee if you wish for our  attorney to draft a response on your behalf. The stamp fee of the certificate (EUR 16) and the courier fees for sending to you the paper version of the certificate are not included in the registration fees.

4. Refund Policy

Subject to the “Conflict of Interest Check” provision stated above, Merico Legal undertakes the following provisions regarding refunds and fees paid:

Service fees are any fees paid directly to trademarkitaly.it PayPal payment system for the purpose of conducting legal services, including but not limited to, drafting professional search reports, preparing trademark applications and office actions, and providing legal advice and/or consultation regarding trademark services in general. Services fees paid in conjunction with legal services already provided to the client are non-refundable.

Government filing fees are any fees paid directly to an applicable government agency in association with legal services provided by Merico Legal. Any government filing fees paid in conjunction with legal services offered by Merico Legal are non-refundable.  

If a user has paid for service fees, but is unable to pay for government filing and/or registration fees, Merico Legal attorneys will not file any trademark applications. The trademark application will be filed in front of the applicable trademark office upon user’s payment of the total fees indicated and required.

5. Payment modalities

Users can pay by PayPal account and credit card via the PayPal payment system integrated in Trademarkitaly.it “apply on-line” webpage system. We also accept bank transfer.

6. Trademark’s Data Displayed on UIBM’s website

Trademark’s data displayed on UIBM website (http://www.uibm.gov.it/uibm/dati/) accessing via https://www.trademarkitaly.it/trademark/search-your-trademark/ web page are at the sole responsibility of the Italian Patent and Trademark Office. Trademarkitaly cannot guarantee the accuracy of the data on that website nor that all the information on the site is completely current.

7. Privacy Policy.

Trademarkitaly.it respects your privacy and permits you to request the treatment of your personal information.

We acknowledge that the information you provide us are confidential according to Art. 9 of the Italian Attorney Code. Our Law firm will maintain the confidentiality thereof and protect your information.

Personal information e.g. name, address and e-mail address provided by you will only be used in connection with fulfilling your request of the application or the respective service and for the purpose of executing your instructions.

8. Ownership.

This Site is owned and operated by the Merico Legal IP Law Firm.

9. Creative Commons

 The information, images, documents provided in trademarkitaly.it are subject to the following creative commons regime.

SOME RIGHT RESERVED
You are free:
to Share  – to copy, distribute and transmit the work
to Remix  – to adapt the work

Attribution
You must attribute the work to Merico Legal IP Law Firm and you don’t in any way suggests that Merico Legal  endorse you or your use of the work.

Non-commercial
You may not use this work for commercial purposes.

MERICO LEGAL assumes no responsibility for information contained in this website and disclaims all liability with respect such information.

10. Links to Third Party Sites.

Trademarkitaly.it is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. The Trademarkitaly.it makes no guarantees about the content or quality of the products or services provided by such sites. The Trademarkitaly.it is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Trademarkitaly.it is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Trademarkitaly.it of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that the Trademarkitaly.it  is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any

11. No warranty

the site and all materials provided on the site are provided on an “as is” and “as available” basis. to the fullest extent permitted by law, the trademarkitaly.it  expressly disclaims all warranties of any kind, whether express or implied.
Trademarkitaly.it  makes no warranty that: (a) the site or the materials will meet your requirements; (b) the site or the materials will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the site or in reliance on the materials will meet your expectations.
Use of any materials obtained through the use of the site is done at your own discretion and at your own risk. Trademarkitaly.it shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

12. Limitation of liability

In no event shall the trademarkitaly.it, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if the trademarkitaly.it has been previously advised of the possibility of such damage. if your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

13. Compliance with Intellectual Property Laws

When accessing the Trademarkitaly.it website(s), you agree to obey the law and you agree to respect the intellectual property rights of others.

14. Governing Law; Venue

By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of Italy. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in the Court of Rome. Italy. You agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site. If you have any concerns about the services provided, please notify us immediately. We would endeavour to resolve any disagreements in a fair and amicable manner.

15. Severability and Integration. 

This contract and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 16. Acknowledgement.

By using the trademarkitaly.it services or accessing the trademarkitaly.it website, you acknowledge that you have read these terms and agree to be bound by them.