Service contract

This Contract for Professional Services is an integral part of the Terms and Conditions of Use and Privacy Policy of www.GlobeMarked.com.ar website and it related websites.

Definitions used in this Contract for Professional Services:

USER: People who enter and use the website www.globemarked.com.ar or any of it related sites, regardless of whether they are registered on the WEBSITE. It is also understood USER as the owner or representative of the owner that request the services provided by GLOBEMARKED. The representative is understood that is expressly authorized by the owner to provide GLOBEMARKED of the information required and application services on its behalf.

WEBSITE: The website www.GlobeMarked.com.ar in which services are offered.

GLOBEMARKED: Is a WEBSITE which address is Independencia 468 6 B, Córdoba, Córdoba, Argentina.

CORRESPONDENTS: They are the professionals responsible for implementation of the assignment process and through which GLOBEMARKED serves.

The contracting parties and the relationship of this contract is between the USER who requests services via the WEBSITE and GLOBEMARKED which being contacted through the WEBSITE or directly acts through its subsidiaries or through its CORRESPONDENTS.

In all cases, the services offered will be considered contracted once the payment has been made.

Step1: Comprehensive Study

The Comprehensive Study is a service that GLOBEMARKED offers through which the USER requests a search that is performed in the database according to the trademark office of a particular country to check for identical or similar existence of a particular trademark. The Comprehensive Study helps the USER to determine or at least evaluate the feasibility of a trademark application process is effectively granted in a chosen country.

The Comprehensive Study does not guarantee the user about the success of the registration process. The user will receive a report with similar precedents (if such exist) in relation to the mark to be registered. The precedents outlined in the report are obtained from the database of the Trademark Office of the requested country.

The report shows the precedents with more degree of similarity, it may omit those precedents with another that has the same degree of similarity. The existence of similar precedents does not mean impossibility of carrying out the process if the USER so requires taking the risk that such a request does not obtain favorable results.

The Comprehensive Study is carried out regarding the use of the trademark described by the USER and the class indicated.

The Comprehensive Study includes:

  1. Search of precedents in each of the classes chosen by the USER in order to detect registered or requested trademarks which have a similarity to the mark to be registered.
  2. Legal opinion: GLOBEMARKED will show to the USER an estimate of the registration probabilities of its trademark and a recommendation on the convenience of requesting the registration and the classes in which that search is based. GLOBEMARKED also will suggest to the USER if is convenient to register an additional or different class.

The Comprehensive Study are carried out by expert lawyers in Trademarks and their recommendations are based on research of similar trademarks officially published and their professional experience. Because of the subjective nature of the trademark search and possible inaccuracies that may contain databases of Trademark Offices, GLOBEMARKED does not guarantee that the Comprehensive Study is free of errors and/or completely full. Also, the results of the Comprehensive Study does not guarantee the granting or favorable resolution of the trademark application.

The service is considered completed when GLOBEMARKED send the Comprehensive Study to the USER's mail box.

If there is not possibility to carry out the Comprehensive Study for technical impossibility or for any other reason, GLOBEMARKED will refund the money to the USER, who renounces to any claim or compensation of any kind.

Step2: Trademark Registration Rquest

The application for trademark registration is the process that occurs at the request of the USER. The start of the process does not imply acceptance or granting of the trademark applied for, the process must go through the different stages until its final resolution.

Once the USER has completed the application for trademark registration and payment has been made, GLOBEMARKED start the procedures to carry out the mission entrusted if there are no elements (information or documentation) pending that the USER must deliver to begin the process.

The USER agrees to send GLOBEMARKED or appropriate CORRESPONDENT within the period specified by GLOBEMARKED all the information, documentation and/or power of attorney that is required.

This management comprises the following steps:

  1. Submission of application: GLOBEMARKED or its CORRESPONDENTS must complete and file the trademark application at Trademark Office in the country required by the USER, according to the instructions on the WEBSITE.
  2. Publication, Oppositions phase: Passed the initial phase of the procedure, the trademark is published in the respective Bulletin giving the possibility to third parties to express opposition. Passed this stage, the process enters to the final stage in which the Trademark Office may raise objections or issue the resolution. In case of opposition by a third party the process is paralyzed until the third remove (by his will or by order of a court) that opposition.
  3. Objections, Oppositions or Rejection: In case of objection or opposition to the application for registration, GLOBEMARKED will communicate this situation to the USER explaining the steps to follow and reporting the costs involved in order to overcome the objection or opposition. USER will have a period of time to decide and communicate to GLOBEMARKED the decision regarding next steps. In case the USER decides not to adopt any of the alternatives proposed by GLOBEMARKED the proceeding shall be deemed abandoned. It is understood that the USER has decided to abandon the process if they do not respond to emails sent within the time limits.
  4. Registration certificate: Passed all previous stages and issued the resolution by the Trademark Office granting the request, GLOBEMARKED will inform the USER that situation. The USER may require, if applicable, the registration certificate within the terms established by GLOBEMARKED. If the USER does not request this service, the Certificate of Registration will be pending and will not be delivered, or the trademark shall be considered abandoned.

Process status information: The user will be informed by GLOBEMARKED about the status and progress of the process through the WEBSITE in his/her or it personal account in "My Trademarks" section.

GLOBERMARKED not be responsible for any obstacles or rejections that the registration process may experience because of the lack of response by the USER within the deadline. In these cases the amounts paid will not be refunded.

In case the USER maintain their interest in registering the trademark, after deadlines have passed, he/she or it must request again this service via the WEBSITE.

Step3: REGISTRATION CERTIFICATE

The Registration Certificate is the document issued by the Trademark Office of each Country that certifies the ownership of a trademark. Once the application for registration is granted, GLOBEMARKED will inform the USER that event. The USER may apply, if applicable, for the "Registration Certificate". This service includes the payment of the final registration fee and the realization by GLOBEMARKED of all necessary actions to obtain the Registration Certificate. This procedure does not apply to all countries.

If the USER does not request this service or not comply any of the above requirements, the "Registration Certificate" will not be forwarded, remaining pending the process or considering abandoned.