Terms and Conditions

Terms and Conditions of 

Patentoid s.r.o.
Id. No.: 048 21 645
Tax Id. No.: CZ04821645
Bank details: CZ8820100000002201563079, BIC/SWIFT: FIOBCZPPXXX
Registered office: Božkovská 671/33, Východní Předměstí, 326 00 Pilsen, Czech Republic,
a company registered in the Commercial Register kept by the Regional Court in Pilsen, Section C, File 32326,
represented by Jakub Michl, Jan Beneš and Jaroslav Mrvka, as Executive Directors of the Company, where each Executive Director acts independently on behalf of the Company,
e-mail: info@patentoid.com
tel.: +44 7520 644428 
(hereinafter also the “Contractor”)

concerning the provision of services through the e-shop located at www.patentoid.com, operated by Patentoid s.r.o., Id. No.: 048 21 645, with its registered office at Božkovská 671/33, Východní Předměstí, 326 00 Pilsen, Czech Republic.

1. Introduction

1.1. These Terms and Conditions apply to the provision of the Contractor’s services through the e-shop at www.patentoid.com. These Terms and Conditions stipulate the mutual rights and obligations of the Contractor and a natural and/or legal person that uses the service of registration of a trade mark or other services of the Contractor (hereinafter the “Client”), resulting in registration of a trade mark or other performance for which the Client pays to the Contractor a certain sum of money. Unless the Contractor stipulates otherwise, all the contractual relationships shall be governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll. (hereinafter the “Civil Code”).
(the Client and the Contractor hereinafter also jointly referred to as the “Parties” and each of them individually as a “Party”)

1.2. By submitting a purchase order, the Client expresses its consent to these Terms and Conditions and the payment terms and assumes its obligation to fully respect them. Each properly filled-in purchase order registered is deemed to be a draft contract for work and is confirmed by the Contractor by means of an e-mail containing a request for payment of the purchase order, sent to the e-mail address specified by the Client. The contract for work becomes binding upon payment of the purchase order.

1.3. The Client’s personal data (e.g. name, address, telephone number, e-mail address, etc.) that are part of the purchase order are necessary for proper execution of the contract for work and its performance. With the assistance of the Data Protection Officer defined in Art. II (2.2.) hereof, the Contractor as a personal data controller agrees to protect the personal data in conformity with the applicable legal regulations, especially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Detailed information on the principles of personal data processing is available at www.patentoid.de/privacy-policy/.

1.4. The Client acknowledges that in the event of breach of the rights and obligations following for the Client from these Terms and Conditions, the Contractor reserves the right to temporarily suspend or completely cancel the Client’s access to the services provided by the Contractor, or to completely terminate the provision of the services without the Client’s entitlement to a refund of any amounts already paid.

2. Definitions

2.1. Contractor: The Contractor is Patentoid s.r.o., Id. No.: 048 21 645, a company with its registered office at Božkovská 671/33, Východní Předměstí, 326 00 Pilsen, Czech Republic.

2.2. Data Protection Officer: The Data Protection Officer is Jaroslav Mrvka, Executive Director of Patentoid s.r.o., Id. No.: 048 21 645, with its registered office at Božkovská 671/33, Východní Předměstí, 326 00 Pilsen, Czech Republic.

2.3. Client: The Client is a natural and/or legal person that uses the Contractor’s services through the Contractor’s e-shop at www.patentoid.com, resulting in registration of a trade mark or other performance for which the Client pays to the Contractor a certain sum of money. A natural person acting vis-à-vis the Contractor outside the scope of his/her business activities or outside the scope of independent performance of his/her occupation is subject to consumer protection legislation, in particular the applicable provisions of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended. 

2.4. Service: Service means the result of the Contractor’s work consisting in registration of a trade mark or some other performance specified in more detail at www.patentoid.com. The Service does not include any activities for which only attorneys-at-law or patent attorneys are authorised under the applicable legal regulations. Such activities are performed by these persons on the basis of authorisations granted to them directly by the Client. In such a case, the Contractor shall only provide for the selection and recommendation of such a person from the list of partners available here as well as payment of the costs of the services provided by this person. For the purpose of performance of the contract for work, the Contractor reserves the right to provide such a person with information on the Client provided by the Client to the Contractor in relation to the Service provided. If the Client chooses a person not included in the list of the Contractor’s partners, the Client shall pay the costs of the services provided by such a person. 

Patentoid Trade Mark Registration Service:

Patentoid Trade Mark Registration Service means the arrangement of preparation and filing of an application for registration of a trade mark on the prescribed form to the relevant national or international registrar responsible for the protection of industrial property (hereinafter the “office”). The standard registration of a trade mark with the Industrial Property Office of the Czech Republic will be carried out in no more than three classes of trade marks and the standard registration of the trade mark with the European Union Intellectual Property Office will be carried out in no more than one class; the Contractor and the Client may agree on above-standard registration in other classes within additional services; however, such registration will be subject to a fee beyond the scope of the above according to the Contractor’s current price list published at www.patentoid.com. Unless expressly stipulated otherwise, the provision of the Service consists in arranging for a screening of a trade mark and filing of an application for registration of the trade mark with the competent office, where the actual proceedings before the office are not part of the Service. The Contractor may also provide the Client with other services required by the Client based on the Contractor’s offer specified at www.patentoid.com.

2.5. Trade mark: A trade mark is any designation consisting, in particular, of words, including personal names, colours, drawings, letters, digits or shapes of a product or its packaging or sounds that allows to distinguish goods or services of one person from goods or services of another person, and can be specified in the trade marks register in a manner that enables the competent authorities and the public to clearly and accurately identify the object of the protection provided to the trade mark proprietor. 

2.6. Contract for Work: By a contract for work entered into pursuant to Section 2586 et seq. of the Civil Code, the Contractor agrees to perform, at its own expense and risk, a work for the Client, and the Client agrees to take over the work and pay the price.

3. Manner of placing an order and binding effect of the Contract for Work

3.1. A purchase order can be made either through the order form in the e-shop at www.patentoid.com or by telephone, where the Contractor fills in the order form based on the Client’s requirements and subsequently sends to the Client a confirmation of the order together with a request for payment. The validity of an electronic purchase order is conditional on filling in all the prescribed requisites including contact details in the order form.

3.2. Before placing a purchase order, the Client may check, change or otherwise modify the details entered in the order form. The Client is thus responsible for the correctness of the data specified and the Contractor is not liable for any errors and/or mistakes in the purchase order caused by the Client.

3.3. By placing the purchase order, the Client confirms that it has become acquainted with these Terms and Conditions, agrees with them and agrees with the price of the Services and the payment terms. By placing the purchase order, the Client also represents and warrants vis-à-vis the Contractor that it enjoys full legal capacity, that all the information that the Client provided when filling in the order form is true, complete, accurate and correct, and that the use of the Contractor’s Services under the terms and conditions stipulated herein will not violate the legal regulations of other countries.

3.4. The Client is obliged to pay a financial amount to the Contractor for the Service provided.

3.5. The Contractor reserves the right to request that the Client authorise an order in writing, if applicable.

3.6. The Contract for Work becomes binding upon completion and subsequent payment of the purchase order by the Client and acceptance of the purchase order by the Contractor.

3.7. The Contract for Work may be executed in the Czech, Slovak or English language. The Contractor shall archive the placed purchase order and the Contract for Work and keep them secured against access by third parties. Based on the Client’s written request, the Contractor shall allow the Client to access the archived Contract for Work.

3.8. In case of execution of a contract with a consumer, the Contractor shall initiate acts leading to registration of the trade mark only after expiry of the deadline for the consumer’s withdrawal from the Contract without stating a reason, i.e. after expiry of fourteen (14) days of the date of execution of the Contract, unless the consumer explicitly requests initiation of such acts before expiry of the said deadline.

4. Rights and obligations of the Contractor and the Client

4.1. The Client is obliged to provide the Contractor or an attorney-at-law providing services within or in relation to the Contractor’s Services with the required necessary co-operation. Such co-operation consists in that the Client shall, in particular, provide the Contractor or the attorney-at-law with information on the Client’s identity, as well as other information necessary for the Services provided by the Contractor. The Client represents that this information is accurate and true and will be provided in relation to the Services.

4.2. The Client agrees to authorise the attorney-at-law to perform acts aimed at registration of a trade mark or other services within the scope required for the provision of the Contractor’s Services, where a power of attorney will be granted by the Client for this purpose, according to the information available on the Contractor’s website www.patentoid.com.

4.3. The Client is liable for any damage incurred by the Contractor by intentional as well as unintentional unauthorised misuse of the Contractor’s Service. If the Client breaches any of its obligations stipulated in these Terms and Conditions, the Contractor may claim compensation for damage and any potential lost profits from the Client. Compensation for damage means, in particular, compensation for the time that the Contractor is forced to expend to remedy for the defective state resulting from an unauthorised or unprofessional use of the Contractor’s Service, as well as damage in the operation of the server, damage incurred by third parties, by other clients, or as a result of any potential suspension of the Service. Compensation for lost profits means, in particular, compensation for the profits lost during the time spent on the remedy for the defective state, and also compensation for average profits that the Contractor would have obtained during the suspension of continuous operation of the Service, compensation for lost profits caused by harm to the Contractor’s reputation and loss of clients, expressed as a price of the Service ordered by the Client.

4.4 The Client acknowledges that the Service provided may be temporarily limited, interrupted or that its quality may be decreased. Unless agreed otherwise, the Contractor’s technical support will be provided to the Client exclusively by e-mail.

4.5. The Client is obliged to notify the Contractor without delay of any malfunctions, irregularities or errors in the Service provided by the Contractor, by e-mail at info@patentoid.com.

4.6. The Client is not allowed to change the Service provided by the Contractor at www.patentoid.com or influence its design and functions in any way.

4.7. The Contractor is not liable for suspension or limitation of provision of the Services as a result of acts of third parties, events of force majeure or breakdown of equipment of other suppliers (e.g. power and connectivity failure, etc.).

5. Services provided by the Contractor

5.1. Patentoid Registration of a trade mark

a) Before providing the Trade Mark Registration Service, the Contractor or a person selected by the Contractor shall carry out a basic screening of the trade mark by checking whether a trade mark of the same or similar wording is already registered, or whether the trade mark sought is clearly not subject to registration due to variance with the general rules for registration of trade marks, or whether the Contractor shall provide the Client with a recommendation on how to minimise the risks of failure to register a trade mark with the competent office. If, despite the Contractor’s recommendation, the Client informs the Contractor that it insists on registration of the trade mark without making the proposed changes, the Client shall be fully responsible for filing such trade mark application. In that case, the Contractor excludes its liability for any failure to register a trade mark by the competent office. If the Client is interested, the Contractor shall provide for detailed screening of the trade mark, which is not part of the Trade Mark Registration Service provided by the Contractor. In that case, the scope and price of the detailed screening shall be subject to a separate agreement between the Contractor and the Client.

b) The Contractor is not liable for any refusal of registration of a trade mark by the competent office, or rather is not liable for any differing opinion of the competent office and its rejection of an application for registration of a trade mark.

c) If the Client fails to provide the Contractor with the necessary co-operation in the provision of the Services within 3 months of the date of filling in the order form, or within 3 months of the date of the last communication with the Contractor, the fee for the Service paid by the Client shall not be refunded and the Contractor shall be entitled to it as a fee for the work already performed.

d) If the competent office requires a performance related to the Client’s trade mark, the Client is obliged to provide the Contractor or the attorney-at-law, as appropriate, with co-operation within the set deadline. Unless stipulated otherwise, the Client is obliged to provide co-operation to the Contractor or the attorney-at-law, as appropriate, within fourteen (14) days of the date of sending the Contractor’s or attorney-at-law’s request for the provision of co-operation by the Client.

e) If the Client is not interested in further provision of the Services, the co-operation shall be deemed terminated. In that case, the Parties agree that the fee for the Services already provided shall be payable in the amount paid by the Client to the Contractor as of that date.

f) The Contractor or a person authorised by the Contractor shall not be liable for any damage or failure to register a trade mark caused by the Client’s inactivity.

g) If the Contractor concludes that the provision of the Service could result in a conflict of interests or harm to the goodwill of the Contractor or Clients to whom the Contractor’s Service has already been provided, the Contractor may withdraw from the Contract and the Client is obliged to pay a proportional part of the price for the Services already provided (especially the performance of a screening) if these Services were provided to the Client before the Contractor’s withdrawal from the Contract.

h) Upon registration in the trade marks Register, the trade mark proprietor obtains the exclusive right to its use. A trade mark is valid for a period of 10 years from the date of filing the trade mark application. The term may be extended repeatedly for further 10-year periods based on an application for renewal of the trade mark filed by the statutory deadline. The details of the rights and obligations related to a trade mark registered in the Czech Republic shall be governed by the laws of the Czech Republic. The details of the rights and obligations related to a trade mark registered in a multinational trade mark register are governed by multinational trade mark registration regulations.

5.2. Patentoid Trade mark renewal/extension:

a) Each Client who is the proprietor of a trade mark registered with the competent office or acts on behalf of such proprietor may order the Service of “PATENTOID TRADE MARK RENEWAL/EXTENSION”.

b) Before the provision of “PATENTOID TRADE MARK RENEWAL/EXTENSION” is initiated, the Client shall designate the trade mark whose validity it wishes to renew or extend, and the Contractor or a person selected by the Contractor shall perform a screening of the trade mark designated by the Client, i.e. verify whether renewal or extension of registration of the trade mark with the competent office is possible.

c) The Contractor is not liable for any refusal of renewal or extension of validity of a trade mark by the competent office, nor is liable for any differing opinion of the competent office and its rejection of an application.

d) If the Client fails to provide the Contractor with the necessary co-operation in the provision of the Services within 3 months of the date of filling in the order form, or within 3 months of the date of the last communication with the Contractor, the fee for the Service paid by the Client shall not be refunded and the Contractor shall be entitled to it as a fee for the work already performed.

e) If the competent office requires a performance related to the Client’s trade mark, the Client is obliged to provide the Contractor or the attorney-at-law, as appropriate, with co-operation within the set deadline. Unless stipulated otherwise, the Client is obliged to provide co-operation to the Contractor or the attorney-at-law, as appropriate, within fourteen (14) days of the date of sending the Contractor’s or attorney-at-law’s request for the provision of co-operation by the Client.

f) If the Client is not interested in further provision of the Services, the co-operation shall be deemed terminated. In that case, the Parties agree that the fee for the Services already provided shall be payable in the amount paid by the Client to the Contractor as of that date.

g) The Contractor or a person authorised by the Contractor shall not be liable for any damage or failure to renew or extend the registration of a trade mark caused by the Client’s inactivity.

h) If the Contractor concludes that the provision of the Service could result in a conflict of interests or harm to the goodwill of the Contractor or Clients to whom the Contractor’s Service has already been provided, the Contractor may withdraw from the Contract and the Client is obliged to pay a proportional part of the price for the Services already provided (especially the performance of a screening) if these Services were provided to the Client before the Contractor’s withdrawal from the Contract.

i) By renewal or extension of registration of a trade mark, the trade mark proprietor acquires the exclusive right to its use. The term of validity of the renewed or extended trade mark is 10 years. The validity may always be extended by another 10 years. The details of the rights and obligations related to a trade mark registered in the Czech Republic shall be governed by the laws of the Czech Republic. The details of the rights and obligations related to a trade mark registered in a multinational trade mark register are governed by multinational trade mark registration regulations.

5.3. Patentoid Trade mark watching:

a) Each client may order the “Patentoid Trade Mark Watching” Service.

b) Before the provision of “Patentoid Trade Mark Watching” is initiated, the Client shall designate the trade mark whose watching it requests. Upon receiving the payment of the price for the “Trade Mark Watching” Service, the Contractor or a person selected by the Contractor shall carry out a detailed screening of the trade mark designated by the Client, i.e. check whether a trade mark of the same or similar wording or other form of expression that could be in conflict with the trade mark designated by the Client has already been registered. Subsequently, the Contractor or a person selected by the Contractor shall monitor, for a previously agreed period of time, newly registered potentially conflicting applications for registration of trade marks filed with the relevant national or multinational authority that could harm the rights of the trade mark proprietor.

c) If the Contractor or a person authorised by the Contractor concludes that, within the agreed period, a conflicting application for registration of a trade mark that could harm the rights of the trade mark proprietor was registered in the relevant trade mark register, the Contractor shall inform the Client of this fact and recommend further solutions in this matter.

6. Price and payment terms

6.1. The price of the individual Services is specified on the website www.patentoid.com according to the up-to-date version of the price list for the country in which the trade mark registration is required. The prices for the Services set out on the www.patentoid.com website already include the administrative fees of the competent offices in the amounts corresponding to the Services provided. The prices are specified exclusive of VAT.

6.2. The Contractor shall send to the Client an e-mail confirmation of the purchase order containing a request for payment with all the payment details, including the agreed price and due date. Upon payment, the purchase order becomes binding.

6.3. The payment for the ordered Service may be made as follows:

a) By bank transfer to the Contractor’s bank account No. CZ8820100000002201563079, BIC/SWIFT: FIOBCZPPXXX.

b) Using a payment gateway that redirects the Client to a secure page for card payment. If the payment gateway is used, the gateway shall subsequently provide the Contractor with information on the execution of the transaction.

6.4. The final tax receipt is supplied together with the ordered Service.

6.5. If the Client fails to pay the price or part of the price for the Service provided as of the due date, the Contractor reserves the right not to provide the Service to the Client or to suspend the provision of the Service until the Client pays the outstanding amount. In case of failure to provide the Service or suspension of the Service pursuant to this paragraph, the Contractor shall not be liable for any loss of the content required for the provision of the Service, and shall also not be liable for any damage incurred by the Client as a result of the suspension of the Service provided.

6.6. In the event of a delay in payment of the price for a Service or its part, the Client, but not a consumer, is obliged to pay to the Contractor, together with the price for the Service provided, also a contractual penalty in the amount of 0.5% of the outstanding amount for each day of delay.

6.7. The Contractor reserves the right to change the price for the provided Services at any time, where the current price for the Services provided by the Contractor is specified on the Contractor’s website at www.patentoid.com.

7. Cancellation of a purchase order or withdrawal from the Contract by the Contractor

7.1. The Contractor may reject the Client’s purchase order if the Client repeatedly fails to perform its obligation to pay to the Contractor the financial amount for the provided Services.

7.2. If the Contractor concludes that the provision of the Service could result in a conflict of interests or harm to the goodwill of the Contractor or Clients to whom the Contractor’s Service has already been provided, the Contractor may withdraw from the Contract and the Client is obliged to pay a proportional part of the price for the Services already provided (especially the performance of a screening) if these Services were provided to the Client before the Contractor’s withdrawal from the Contract.

8. Withdrawal from the Contract by the Client

8.1. The Client may withdraw from the Contract within fourteen (14) days of the date of execution of the Contract. Withdrawal from the Contract may be made by means of a form for withdrawal from the Contract, which forms an integral part hereof.

8.2. If the Client decides to exercise the right to withdraw from the Contract, it must meet the following conditions, i.e. it must:

a) express its will to withdraw from the Contract, preferably by means of a letter sent to the address of the Contractor’s registered office, or by means of an electronic message sent to the Contractor’s e-mail address info@patentoid.com, where the following shall be specified: the Client’s name, the Client’s address, the number of the purchase order, the number of the bank account to which the refunded amount for the Service shall be transferred. The will to withdraw from the Contract may also be manifested in another suitable manner. The notice of withdrawal from the Contract must be sent not later than on the 14th day of the date of execution of the Contract.

b) Confirm the Contractor’s credit note without delay, but not later than within 14 days of the date when it notified the Contractor of its withdrawal. The Contractor agrees to submit the credit note to the Client without delay, but not later than within 14 days of the date of delivery of the Client’s notice of withdrawal from the Contract.

c) The Client is obliged to pay to the Contractor a proportional part of the price for the Service provided in the event of withdrawal from the Contract if the Contractor commenced the performance of the Service.

d) After withdrawal from the Contract by the Client, the Contractor is obliged to return to the Client, without delay, but not later than within 14 days of the date of delivery of the notice of withdrawal, all the pecuniary means that the Contractor received from the Client on the basis of the Contract, in the same manner in which the Contractor accepted them from the Client, unless the Parties agree otherwise.

e) A Client who is a consumer is not entitled to withdraw from contracts pursuant to Section 1837 of the Civil Code.

9. Rights based on defective performance (complaint)

9.1. The Client may raise a complaint about the Services provided if they were not provided properly. The Client may raise a complaint in writing to the address of the Contractor’s registered office or by e-mail to the Contractor’s e-mail address info@patentoid.com.

9.2. A complaint must be resolved, including removal of the defect, without undue delay, but not later than within 30 days of the date of raising the complaint unless the Contractor and the Client agree on a longer period of time. According to the interpretation of the Constitutional Court and the Supreme Court, the Contractor is obliged to notify the Client of the resolution of a complaint, either by means of a written letter addressed to the Client’s address set out in the Contractor’s order of Services, or to the Client’s e-mail address set out in the order of Services. However, these deadlines may only be running if the Client has provided the necessary co-operation to the Contractor to resolve the complaint.

9.3. If a defect can be removed, the Client may demand either a repair or supplementing what is missing, or a reasonable price reduction. If a defect cannot be removed and prevents the proper use of the subject, the Client may either withdraw from the Contract or demand a reasonable price reduction.

9.4. If the Client’s complaint is rejected, whether for being raised at variance with these Terms and Conditions or due to its lack of justification, the Contractor is entitled, in particular, to reimbursement of the costs incurred by the Contractor as a result of assessment of the Client’s complaint.

10. Resolution of disputes with consumers

10.1. In case of a dispute between the Client who is a consumer within the meaning of Section 419 of the Civil Code, and the Contractor following from the executed Contract for Work, the Client (consumer) may file an application for out-of-court resolution of the dispute with the Czech Trade Inspection Authority through contact details available on the website at http://www.coi.cz/ with a view to concluding an agreement with the Contractor. Filing the application as well as the out-of-court settlement of the dispute is free of charge for the Client (consumer); any and all costs incurred in connection with the out-of-court settlement of the dispute shall be borne by each of the Parties separately. The choice of out-of-court resolution of the dispute is voluntary for the Client (consumer).

10.2. The out-of-court resolution of a dispute is governed by Section 20d et seq. of Act No. 634/1992 Coll., on consumer protection. The application for initiation of out-of-court proceedings must contain the requisites pursuant to Section 20n of the Consumer Protection Act. A proposal for out-of-court resolution of a dispute may be filed not later than within 1 year of the date when the Client first enforced the claim against the Contractor that is the subject of the dispute (e.g. from the time of the first complaint concerning the Services or from the time when the request for a refund of the price for the Service is made after a valid withdrawal from the Contract in case of the Contractor’s delay with its refund).

11. Use of registered data

11.1. The execution of a Contract for Work under these Terms and Conditions does not give rise to the Client’s right to use the Contractor’s intellectual property, including, but not limited to, the Contractor’s trade mark, logo or business name.

11.2. In its activities under these Terms and Conditions, the Client is obliged to protect the rights to intangible assets of the Contractor.

11.3. In the event of breach of the Contractor’s copyrights or other rights by the Client, the Contractor may claim from the Client compensation for any damage incurred by the Contractor in connection with the breach. This shall in no way prejudice the other provisions of these Terms and Conditions.

12. Mutual communication

12.1. All communication between the Contractor and the Client may take place:

- in writing (in the case of the Contractor, by means of a letter addressed to the address of the Contractor’s registered office and, in the case of the Client, by means of a letter addressed to the address specified by the Client in the order of Services);

- by e-mail (in case of the Contractor, by e-mail to info@patentoid.com and, in case of the Client, by e-mail to the e-mail address specified by the Client in the order of Services); or

- through the Contractor’s internal system accessible by the Client after placing the order of Services.

In the provision of the Services, communication between the Contractor and the Client may be carried out through a third party authorised to this effect.

Final provisions

13.1. These Terms and Conditions are valid from 1. 10. 2020 and apply to the execution of Contracts for Work between the Contractor and the Client. The Contractor may change the Terms and Conditions without prior notice, where the date of the last update of the Terms and Conditions shall always be specified in the footer hereof. By placing an electronic order, the Client accepts, without any reservations, all the provisions of the Terms and Conditions in the version applicable on the date of dispatch of the purchase order.

These Terms and Conditions are available at www.patentoid.de/terms-and-conditions.

Date of the last update: 1. 10. 2020