Last updated: February 01, 2022
This Agreement is between EUCTM and You, your agents, resellers or successors (You), and is effective as of thedate of the electronic execution or confirmed order by us. EUCTM is a project of Egency S.a.r.l registered address 14, rue Robert Stümper L-2557 Luxembourg.
Those Terms regulates the use of Egency S.a.r.l Services and defines Egency S.A.r.l obligations to you and Your obligations to Egency S.a.r.l.
The customer acknowledges having read and understood those present General Terms and Conditions.
With all purchase on EUCTM Website, You accept the present Terms and condition in their entirety and without exception.
The Terms and conditions may be modified and changed at any moment. The actual Terms and Conditions will always be published on EUCTM.COM Website.
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Website.
You can request a filing of a registration for a European Community Trade marks via EUCTM.COM. Further to this we offer additional Services such as Trade mark Research, Trade mark Watch, Trade mark Consulting or Domain Name Registrations.
Egency S.a.r.l / EUCTM assures having all authorizations that allows Egency S.a.r.l / EUCTM to offer the services they are offering.
Egency S.a.r.l / EUCTM has all people with the needed diplomas, certifications and other documents that are needed directly in the company.All legal aspects and official representations are handled by Lawyer Fränk Rollinger from Avocats la Cour, Rollinger Oliveira 1, avenue Gaston Diderich L-1420 Luxembourg who is an official shareholder of the company Egency S.a.r.l.
EUIPO Certifications are personally held by Mr. Marc Schammel, official shareholder of the company Egency S.a.r.l.
All documentation can be requested via our official contact possibilities.
EUCTM offers worldwide trademark and design mark registration services. After receiving an order, EUCTM will file the trademark applications for you at the respective national or international trademark offices. The trademarks will directly be filed under your names and contact details.
EUCTM keeps you informed about all steps concerning the Registration Process via email and via our individual customer portal.
Trademark filings might be refused for various reasons. In this case no refund is made as the European Trade mark offices do not refund any filing fee. If a refund is made by the European Trade mark Office, Egency S.a.r.l / EUCTM might consider a refund. Refusal may be that the Name is already registered in any of the EU countries or in the European Trade mark Database and someone made a funded opposition against the registration or that your name does not fit the regulations of Trade marks.
Before filing a registration EUCTM will check if the name can be registered and if the name meets all requirements, to minimize the risk of a refusal.To be able to register your trade mark EUCTM needs detailed information about you and/or your company. You guarantee that the information you provide via, the Website, any documentation provided by You via E-Mail or Postal way is correct. Un-correct information may result in additional costs or the refusal of your trade mark registration.
A Trade mark Research is not necessary but highly recommended. Egency S.a.r.l is checking the Databases of all relevant countries if the Name You want to register is not registered and verifying the classes. If the Name is registered in any country of the EU it is highly possible that the official Trade mark Office refuses the Registration or that the local Trademark owner launches a dispute to the Registration.
The trade mark research will be made within 2-5 working days after reception of payment. You will receive a detailed report including an estimation if it is possible to register the Trademark.
After the successful registration of your trade mark we can offer You the service of monitoring your trade mark. We verify on a regular base all the trade mark databases to check if no one wants to register your name or a similar name. In case that someone wants to register yours or a similar name we will immediately inform you and propose the necessary steps to avoid the registration. These steps might have additional costs and will be handled by our lawyer.
Together with your trademarks we could register domain names for you. In case if someone has already a domain name with your trademarked name, EUCTM could launch a dispute at the responsible domain name registry, this has additional costs.
YOU will receive, after requesting the filing for registration access to your personal user account. The access will be send to the email account you have indicated during the order process. In this user account you can see the services you have with EUCTM, Invoicing and your Details. This Platform allows EUCTM to identify you as a customer. You are responsible for the correct treatment of the access details. Any instructions received by EUCTM which includes your customer details shall be presumed to have been submitted by You. EUCTM cannot be held responsible for any misuse or fraudulent use of your login details.
If You have lost your login name and/or password or if you think or know that your login name and/or password are available to any third party, you shall modify your login name and your password immediately and without delay.
To create the account You have to inform EUCTM about your Address, Name, Company, etc. those information have to be correct as they appear on all official letters, invoices, etc. You have to inform EUCTM immediately in case if some or all of that information changed or are not valid any longer. You shall notify EUCTM in written, by letter or email (the email you used in your account) of any modification or you change the information in your user account.
4.1 You have to provide all necessary, correct information to EUCTM, under no circumstances EUCTM shall be responsible or liable for information submitted by you and any loss or damage that may arise from these information. You have to pay EUCTM for any costs or expenses arising from any damage or loss coming directly or indirectly from wrong or erroneous information provided by you or a third party who has access to your EUCTM account.
4.2 You have to provide EUCTM with all necessary documents to register trademarks and / or Domain Name(s) in case if needed. If those documents are not available at the moment where they are needed EUCTM cannot register trademarks and / or domain name(s). Any failure on this could prevent EUCTM from providing the demanded service(s). EUCTM cannot be made responsible or liable from any loss or damage arising from this failure on this.
4.3 You declare that you have read, understood and accept the general Terms and conditions of any document issued by any national or international authority within whose purview your Domain Name registration activity falls.
4.4 You shall take all necessary steps to ensure that the registered Trademark or Domain Name does not violate any law or regulation currently enforceable in Germany, Europe or elsewhere in the world pertaining to public order, public security and public decency. If this is not the case, You will be solely responsible for any violations of such rules or laws.
4.5 You shall not send emails including Viruses, Trojan Horses or other security relevant Programs. If EUCTM has any damage or loss due to this you will be entirely responsible for this.
4.6 It is understood that the User, by virtue of accessing the Website, or using its services, expressly waives any indemnification, claim or right that he/she/it may have against EUCTM / Egency S.a.r.l and its representatives and partners.
4.7 Under no circumstance will EUCTM and/or employees of EUCTM / Egency S.a.r.l or the Attorneys be responsible for any damages that the User may incur while using the Website or any link to the site, except when expressly provided to the contrary. The extent of this liability clause is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.
5.1 The actual valid prices are those indicated on the EUCTM Website. All prices are in Euro without VAT. VAT is charged at the end of the registration process where the total amount of the order is indicated.
5.2 Prices indicated are fix prices and are not negotiable.
5.3 Unless otherwise determined by EUCTM all orders have to be paid immediately via Bank transfer or credit card payment. The order will be valid if we receive the complete amount on our Bank Account indicated on the invoice which you will receive by email.
5.4 You agree that all invoice for services provided by EUCTM is transmitted to you by email to the address provided by you in the contact information. You can ask EUCTM to send a printed invoice, this invoice will be charged a reasonable amount for stamp and administrational work. In view of this fact the email provided by you in the contacts must be available 7 Days a Week.
All payments have to be done via Bank Transfer or credit card. For all Bank Transfer please use the account indicated on the Invoice using the Invoice Number, trademark reference name or the Trademark name as Reference for the transfer.
All orders will only be executed if the full amount is paid. If the order is only paid partially the order will not be executed.
EUCTM will make every effort to keep its Web Site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold EUCTM liable for any of the consequences of such interruptions.
8.1. Any order, acceptance or contract arising there from shall be governed by the laws of the Grand Duchy of Luxembourg.
8.2. Any dispute relating to the Terms and Conditions or the interpretation or performance thereof that cannot be resolved on a friendly shall be subject to the sole jurisdiction of the courts of the Grand Duchy of Luxembourg.
If you have any questions about this General Terms, You can contact us:
