Terms of Business - Trademark watch and monitoring services
Please read the terms of business below. These terms of business, General Terms and Conditions, including any revised agreements that we may post from time to time, state the agreement under which 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, and/or 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 “Trama”) provides you (the “Client”) with various services, including trademark watch and monitoring services specified below.
1. Scope of Services
1.1 Regular Monitoring:
Trama shall provide comprehensive trademark watch and monitoring services to the Client, either through the direct provision of such services or by leveraging third-party partners and providers. This includes the regular monitoring of various trademark databases, industry publications, and other relevant sources to identify trademarks and intellectual property that may potentially conflict with the Client's registered trademarks or brand assets.
1.2 Identification of Potentially Conflicting Trademarks:
Trama will diligently search for trademarks that resemble or overlap with the Client's registered trademarks. This involves trademark applications, registrations, and any other relevant data to identify potential conflicts, infringements, or misuse of the Client's intellectual property. Trama is communicating the identification of medium similarity and a direct competitor or high similarity but not a direct competitor or high similarity and direct competitor.
1.3 Periodic Reporting:
Trama will compile and deliver periodic reports to the Client, summarizing the results of the trademark watch and monitoring. These reports will provide a clear overview of the identified trademarks, their potential impact, and any necessary actions that may need to be taken to protect the Client's intellectual property. The reports are provided on a weekly basis.
1.4 Advisory Services:
In addition to reporting, Trama may provide advisory services to the Client. This includes offering insights and recommendations on how to address any identified issues, whether through trademark opposition, cease and desist letters, or other legal actions. Trama will collaborate with the Client to devise and implement a strategic plan for trademark protection.
2. Client's Responsibilities
2.1 Providing Accurate Information:
The Client is responsible for supplying Trama with accurate and complete information regarding their trademarks, brand assets, and related matters. Timely updates and any changes in the Client's intellectual property portfolio must be communicated to Trama to ensure the effectiveness of the watch and monitoring service.
The Client agrees to promptly respond to any communication from Trama regarding identified trademarks. Quick responses are essential to facilitate timely decision-making and the implementation of protective measures.
The Client retains the ultimate decision-making authority regarding any actions to be taken in response to potentially conflicting trademarks. Trama will provide guidance and recommendations, but the final decisions rest with the Client.
The Client shall pay Trama the agreed-upon fees for the trademark watch and monitoring services. These fees cover the costs associated with trademark watch and monitoring, reporting, and standard advisory services.
4. Term and Termination
The monitoring service shall commence within three business days from the payment is received.
The trademark watch and monitoring is valid for a 1 year period and can be renewed as needed.
Both parties agree to maintain the strictest confidentiality regarding all information shared during the provision of trademark watch and monitoring services, except when disclosure is required by law or necessary to fulfill the services.