General Terms and Conditions
You shall only sign the written terms and conditions after you are contacted by our legal team and after you have agreed on the next steps and all the details of the chosen service. These written terms and conditions will be in accordance with the information provided on our Website and with those for the individual Services. Until then, the conditions for the use of our site are as follows.
Please read these General Terms and Conditions (the “Terms“) carefully before using the website http://tramatm.com (the “Website“) and digital platform “Trama” operated by TramaTM s. r. o., with its registered office at Žižkova 13, 040 01 Košice - mestská časť Juh, Slovakia, Company ID number: 53 407 717, registered with the Business Register of the District Court Košice I, Section: Sro, Insert No.: 52876/V (the “Operator”) and associated trademark administrative and consulting services (the “Services“) as well as professional legal services offered on the Website (the “Legal Services“) provided by Trama Legal s. r. o., with its registered office at Bottova 2A, 811 09 Bratislava - mestská časť Staré Mesto, Slovakia, Company ID number: 54 619 556, registered with the Business Register of the District Court Bratislava I, Section: Sro, Insert No.: 160741/B (the “Law Firm”).
Trama lawyer's check (the “Verification”) allows the Law Firm to connect with you and provide you with Legal Services. Operator operates the Website and technical solution Trama (platform) for offering and administration of Services.
Operator is responsible for the Website, software development, and provision of non-legal Services, while all the Legal Services are carried out by the Law Firm. Thus, client-attorney privilege applies to Legal Services supplied by the Law Firm only. Upon the submission of your Verification, you may decide to move forward with your trademark application by placing a new order through the Website. Additionally you may decide to use additional follow up Legal Services provided by the Law Firm or its associated legal providers that are governed by the Legal Terms of Business.
The following definitions apply:
“Terms“ means the following General Terms and Conditions.
“Legal Terms of Business“ means terms and conditions of Legal Services applicable to you upon the submission of your Verification or Registration request.
“Trama“ means a computer program - technical solution (platform) called Trama, which is also accessible from the Website. However, in general, the Trama brand refers to the organisation of separate legal entities providing legal or other trademark administrative and consulting services to clients worldwide. TramaTM s. r. o. provides software and other services for trademark administration.
“Website“ means any website via which the Trama platform can be accessed, in particular tramatm.com, and any other website that is owned or controlled by Operator and that provides access to the Trama Application.
“Operator“ means TramaTM s. r. o. with its registered office at Žižkova 13, 040 01 Košice - mestská časť Juh, Slovakia, Company ID number: 53 407 717, registered with the Business Register of the District Court Košice I, Section: Sro, Insert No.: 52876/V.
“Law Firm“ means Trama Legal s. r. o., the law firm with its registered office at Bottova 2A, 811 09 Bratislava - mestská časť Staré Mesto, Slovakia, Company ID number: 54 619 556, registered with the Business Register of the District Court Bratislava I, Section: Sro, Insert No.: 160741/B. Depending on the local regulatory requirements Trama Legal may cooperate with local legal representatives.
“Application summary“ means a preliminary document prepared by us with all information regarding the User’s trademark, which after User’s approval will be filed by the Law Firm.
“Verification“ or “Verification Service“ means the assessment of the User’s submission - mark’s suitability for registration as a trademark in the relevant Trademark Register held by the Trademark Office, which includes searching for identical and/or confusingly similar earlier marks in the relevant databases, and checking the grounds for refusal to register a mark in the relevant Trademark Register held by the Trademark Office.
“Registration“ or “Registration Service“ means performing all the actions necessary to register the User's submission - mark in the relevant Trademark Register held by the Trademark Office, excluding the representation of client before the Trademark Office in connection with Office Action(s) issued, opposition, cancellation, invalidation, or other specific proceedings (such representation and provision of related services is governed by the Legal Terms of Business).
“User“, “you“, “your“ means any visitor of the Website who is able to order Services and Legal Services for himself or for the third party, as well as sign up into customer portal.
“Service“ or “Services“ means any service offered by the Operator, displayed to the User in the Trama platform.
“Price“, “fee“, “costs“ means the amount which is to be paid for the Legal Services.
“Register of Trademarks“ means a database of registered trademarks held by the respective Trademark Office.
“Territory“ means any territorial organisations where the Law Firm offers its Legal Services.
“Trademark Office“ means any government agency or authority competent that has official permission to register trademarks.
Trademark Verification (“Free Lawyer's Check“)
The free Verification includes the assessment of the registerability of User's submission - mark as a trademark in the relevant Register of Trademarks and the search for and inspection of identical and/or confusingly similar earlier trademarks. The purpose of the Legal Service is to determine the probability of successful Registration of the proposed Trademark. When ordering the Verification, please be aware that some online databases are not updated daily or weekly, thus, the only results available on the day of carrying out the Verification. A new verification has to be submitted in case the results are older than 14 business days. Trama does not take responsibility for outages in country-specific Intellectual Property offices which might impact the results.
The Verifications are prepared by trademark legal professionals and the Law Firm strives to determine all the possible obstacles for successful Registration. However, it is possible that the prepared verification result may not determine all the possible grounds for refusal, taking into account the subjective evaluation by trademark examiners in respective Trademark Offices. By performing the Verification and providing the verification result, the Law Firm does not guarantee that the use of the mark does not infringe anyone’s rights or that the mark does not be opposed during the Registration.
Neither Trama nor Trama Legal takes accountability for intentional bad faith trademark filings, malicious trademark filings or for client's intention to deceive the relevant IP office, with the client bearing all financial loss incurred with no refund policy applicable.
Fair Usage Policy
The free Verifications are limited to fair usage. When the User attempts too many Verifications of similar products (goods and services), they might be redirected to the paid Trademark Strategy Service. This may not be the case if the Verifications are concerning different products and/or different classes of goods and services. In other words, the Law Firm has discretion to decide whether or not the usage is deemed as fair. Generally, we offer up to five free searches per one User.
If the User is interested in a detailed trademark assessment, the Trademark Strategy Service should be selected (which is a legal service).
"Drafting" is the process of preparing the application for the submission of the trademark according to your specifications. After the order is placed, you are still able to edit the order if needed (for instance to add more classes). In the case of major changes, such as the transfer of fees from a drafted application to a new one, the Law Firm shall be duly notified by the User.
Before the Law Firm files for the Trademark application to the Trademark Office, you will receive an Application Summary to confirm and give a final approval. Be aware that your final approval is the condition to file for Trademark. Thus, please make sure to check your emails regularly. If there is no response from the User, the Trademark filing will be put on hold. Although the Law Firm sends a reminder email, it is the User’s responsibility to notify the Law Firm via [email protected] if they do not receive an email from the Law Firm.
If the User is unsure about an aspect of the Trademark Registration process, there is a possibility to schedule a call with Trama customer support free of charge (one time-slot is up to 15 minutes). Please note that the consultation is not carried out with a lawyer, as the aim of the consultation is not to provide any Legal Services and is not meant to be legal advice, rather to explain and assist the User by answering questions and uncertainties about the Trademark Registration process only. By booking a consultation, you are giving the Operator permission to record or monitor the call for quality assurance and training purposes.
Filing & Representation
"Filing" is the process of filing the Trademark at the relevant Trademark Office.
User understands that the Law Firm does not guarantee that the Trademark will be accepted or registered after ordering the Legal Service. The Law Firm guarantees that the Trademark will be filed before the Trademark Office of the ordered Territory (jurisdictions) according to the received User’s instructions.
Selected jurisdictions are subject to respective Trademark Office terms, guidelines, and regulations, which might require a local legal representative to conduct the filing of Trademark applications. For these respective jurisdictions, the submission of Trademark applications is conducted by local Law Firm and subject to additional processing by the appointed legal representatives (trusted legal partners) extending beyond the proposed period of 3 to 5 business days for the filing of Trademark Applications.
For the avoidance of any doubt, the price for filing the Trademark applications does not include representation in the event of a dispute with another entity during registration, e.g. if a third party files comments or objections against the Registration of the Trademark and additional legal litigation services are considered optional.
Following the submission of payment and the creation of a binding order, the Power of Attorney document shall be delivered to the user via email. To ensure prompt processing of the filing, it is essential that the user provides the original, unmodified form of the executed Power of Attorney. The Power of Attorney shall serve as the legal instrument for representation before the IP Office.
Amazon / external uses of Trademark (Instagram, Facebook, Twitter, Etsy, etc.)
We are not directly affiliated with the Amazon Brand Registry. Applying to the Amazon Brand Registry is subject to the Amazon Brand Registry Guidelines. Failure to comply with these guidelines could result in an unsuccessful Amazon Brand Registry application, for which the Law Firm takes no responsibility. Utilising Trademark protection under third party services is subject to the respective intellectual property protection guidelines of these services for which the Law Firm does not take any responsibility.
When creating an order, you are able to select the option to become a registered User. Once becoming a registered User, you can track the process of your Trademark Registration.
In the case that you do not become a registered User, you are required to contact us in order to check the state of the Trademark Registration.
Payment terms of the Law Firm
Payment for the Legal Services can be processed via card payment or a bank transfer. Additional payment processing time is allowed in the case of payment via bank transfer in order to account for bank transfer processing delays. When the Law Firm receives the payment, the order is proceeded with.
The Price for the Registration Service specified in the Price list is final and includes the basic official fee. The only instances where the Price will change is:
if you are interested in changing the number of classes of goods and services you want to protect by Trademark;
If you are interested in changing the number of Territories you want the protection by Trademark; and
if there is a change in the Price list of the Law Firm adopted between the order and the payment (such a price adjustment is communicated to the User in advance).
For more information, please refer to the Price list below.
Upon Registration, you are responsible for payment of the Registration Fee (government Fee and Service Fee). Law Firm is not responsible for any additional costs in the case of an Office action and/or opposition, invalidation, cancellation, or other objection raised against the trademark application.
If there is no specified Price for the specific Legal Service you are interested in, it will be agreed on the basis of mutual agreement between you and the Law firm.
Selection of terms that are not covered by the pre-approved list of terms of the respective countries’ IP Office might incur additional charges under a “Custom list of terms”.
Refunds / Money Back Guarantee
We stand by the quality of Legal Services and are confident that you will be satisfied with your purchase. To make sure that your experience with us is hassle-free, we provide a Refund and Money Back Guarantee policy. Please read the conditions below.
Dismissed / opposed Trademark:
In cases where the Trademark is marked as 'No risk' and it gets dismissed by the Office or opposed by an existing Trademark holder, the User will receive a full service fee refund or service fee credit calculated based on the level of service provided (Governmental Fees are non-refundable). The amount of refund and refund credit applicable is calculated as per below “Cancelled Order” points.
If the User cancels the order before they receive a draft from us, the full Price will be refunded.
If the User cancels after we send the draft (after the “drafting” stage), official filing fees will be refunded only.
If the User cancels after the Trademark filing, the User is not eligible for a refund at all.
If the User cancels after filing and requests a voluntary withdrawal of the Trademark Application, respective processing Fees are applicable.
When you create an account with Trama, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Trama. You are responsible for safeguarding the password that you use to access the Service and Legal Service and for any activities or actions under your password with our Service and Legal Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
The access to the Trama shall be made available through the Website subject to any unavailability caused by circumstances beyond the Operator’s reasonable control, including any force majeure events, any computer, communications, internet service or hosting facility failures, denial of service attacks or delays involving hardware, software, power, or other systems not within Operator’s possession or reasonable control. Services may be temporarily limited or interrupted due to maintenance, repair, modifications, upgrades, or relocation.
The Operator has invested considerable resources and efforts into the development of the Website, Trama platform, and any other software, features, functionalities, designs, works of authorship of any kind, information or other materials enabling the User the access to the Trama and Services (the "Intellectual Property").
User has the right to use the Intellectual Property solely for the purpose of accessing the Trama and Services on an “as is, non-exclusive basis without any warranties other than those stated in these Terms for the duration of the provision of Services, but the User agrees that all such Intellectual Property remains the sole property of the Operator and at no time does the User acquire any rights other than those expressly conferred by these Terms. The Operator reserves the right to remove access by the User to any Intellectual Property upon expiration or termination of the provision of Services or upon the breach of these Terms. User further undertakes not to attempt to reverse engineer or in any other way access the source code of any Intellectual Property. In such a case, the User shall be responsible for the damages to the fullest extent permitted by the applicable law.
If the User gives any feedback or requests for customisation, such feedback and requests will be deemed non-confidential and non-proprietary, and implementation of such feedback and requests becomes a part of the Intellectual Property of the Operator without any compensation to the User.
Communication and delivery
The contact address of the Operator and the Law Firm is [email protected].
By entering your email address on our Website, you agree to receive emails concerning Services and Legal Services from us. Any update or any email, which must be sent to you will be sent to the email address you provide in the Verification request. You agree to the delivery of all documents exclusively in electronic form and you must ensure that the address is correct and that you receive emails from us.
Communication performed in the aforementioned manner shall be deemed to have been delivered to the party to whom it is addressed if it was received by the addressee in a legible and comprehensible form no later than the business day following the day on which the document was sent.
You are obliged to notify the Operator and Law Firm of any change in the contact email address. In the event that you do not respond, the Operator and/or the Law Firm is not responsible for non-delivery of the document or failure to notify the User.
Law Firm has the right to take all steps aimed at eliminating formal deficiencies in the application without the obligation to inform the client.
Trama will notify the User in the case of an issue raised by the respective Trademark Office within the proposed response period contained within the official notice of the issue from such Trademark Office.
Links To Other Websites
Our Services and Legal Services may contain links to third-party websites or services that are not owned or controlled by the Operator and Law Firm. The Operator and Law Firm has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Operator and Law Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Each party shall only be liable for any material loss, damage or injury caused to the injured party by any negligent or intentional default in the performance of its obligations. The Law Firm shall be liable to the User only up to the amount of the total Fee paid. Each party shall not be liable if the default occurs as a result of “force majeure”, i.e. a cause outside of control of the defaulting party. Moreover, the Operator shall not be liable for any damage caused to the User by any default for reasons not on the side of or caused by the Operator.
The User agrees to indemnify, defend and hold the the Operator and Law Firm harmless from any and all third party claims, liability, damages and/or costs arising from User’s use of the Services and Legal Services, User’s violation of these Terms or the infringement or violation by the User or any other its affiliated parties, of Intellectual Property or any other intellectual property or other rights of any person or entity or applicable law.
The access to the Trama and Services is being provided on an “as-is” basis and the Operator makes no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the functioning, performance, accessibility of the Trama and Services or their availability. The Operator specifically disclaims any implied warranties of fitness for a particular purpose or non-infringement. The Operator shall not be held liable for any functionality disturbance and/or malfunction and/or service outages of Services.
The User is responsible for ensuring that all information provided during the provision of Services and Legal Services is correct and shall notify the Operator and Law Firm of any changes regarding such information.
The Law Firm is not liable for damages that may arise from any recommendations or actions made by the Law Firm based on incorrect or inadequate information from the User and/or by the User referred third party or for additional costs incurred due to such incorrect or inadequate information. Neither the Law Firm nor the Operator is liable for any indirect damages, loss of profit, loss of revenue and also not for the loss of anticipated savings.
The Operator, also the Law Firm, undertakes to protect the confidentiality of the information provided by the User on the Website. Please note that your submissions to us are confidential and will not be shared with third parties, not directly affiliated with the Operator and Law Firm.
If any provision of these Terms is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability. Such provision will be replaced by a provision that most closely reflects the meaning of the unlawful, void or unenforceable provision. The failure by the Operator and Law Firm to enforce any provision of these Terms will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
All provisions of these Terms, which by their nature should survive termination of the provision of Services, shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Operator and Law Firm reserves the right to modify these Terms at any time, therefore, the User should periodically check for the updated versions which will be accessible at Website. When practicable, the Operator and Law Firm will inform the User of any material changes by email or a notice on its website.
These Terms are governed by and will be construed under the laws of the Slovak Republic, in particular the Commercial Code, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by the courts of the Slovak Republic. In an individual and specific case, parties may agree on a different governing law and court jurisdiction.