Last updated: October 11, 2017
Mobile app IDEABOX (IDEABOX) was developed by the company PROFITMARK, Limited Liability Company ("Registrar"), which is located at: 03113, Ukraine, Kyiv, Polkovnik Shutov, str., 9a.
IDEABOX is a trademark owned by PROFITMARK.
Please read this document before using the service. All the conditions and rules set forth herein have the legal effect of the agreement between the User (Registrant) and the Registrar. Submission of an application through IDEABOX, payment of the invoice issued by the Registrar means full and unconditional acceptance of this agreement: all rules, terms, restrictions and other conditions.
The registrar has the right to change the terms of this agreement at his own discretion at any time.
PRIVACY POLICY
The registrant must provide accurate and true data about himself. The responsibility for giving false information lies with the Registrant. Trademarks, domain names, will be registered on the person whose data is indicated in the application. Messages from the Registrar will be sent to the e-mail address of the Registrant. In case of changing the e-mail address, the Registrant shall notify the Registrar of this and send a new address to: zayavka@profitmark.ua.
The registrant gives his consent to the storage and processing of personal data. The registrar has the right to transfer the data of the Registrant to third parties for the purpose of fulfilling the order.
The registrant also gives his consent to the publication of his personal data in the official bulletin "Industrial Property".
TRADEMARK SEARCH
IDEABOX - provides a free opportunity to trademark search to Users.
The Registrant independently analyzes the results of the search and evaluates the risks with which he may encounter during the registration process. The registrar is not responsible for the conclusions that Registrant makes in the process of self-checking the designations.
Within 8 working days, from the moment of filing and payment of the application, the Registrar conducts an additional trademark search and draws up his opinion ("Report"). The report fixes all similar trademarks and provides recommendations to the Registrant. In case there is no risk of receiving a provisional refusal of registration, the application procedure continues on. But, if the Registrar has detected a danger of provisional refusal to register, the Registrant is invited to replace the designation or return the cost of registration. The registrant who chooses the "refund" sends the request and receives the return of the registration fee of TM within 7 working days, taking into account the deduction of the cost for preparing the conclusion based on the results of the additional check: 1065 UAH - for one class + 175 UAH - for each additional one.
In case of replacement of the designation, the Registrant should pay only for a new additional check and the expert's conclusion: 1065 UAH - for one class + 175 UAH - for each additional one. If the Registrant refuses to re-verify, payment is not collected.
In its conclusion, after full verification, the Registrar must analyze all similar trademarks and warn the Registrant of a possible preliminary refusal, if there is a possibility of obtaining it in the process of examination.
REGISTRATION OF THE TRADEMARK
IDEABOX accepts the application from the Registrant and within 60 minutes from the moment of payment submits an official application to the Office from Monday to Friday from 9:00 to 18:00. If the application is submitted on a day off, it will be processed on the first working day after the day off. Within 24 hours, the Registrar downloads a confirmation of acceptance of the application by the Office in the user's personal cabinet.
The registration fee includes official fees and the IDEABOX fee. Payment of duties and fees according to the Decree of the Cabinet of Ministers of Ukraine "On State Duty" and CMU Resolution No. 1716 of December 23, 2004 is carried out by the Registrar to the settlement account of the Office.
The process of registering a trademark by a standard procedure can be up to 24 months. Exceeding this period shall not entail any liability for the Registrar, since the period for considering the application is within the competence of the Office. The registrant will be able to get information about the current status of the application in his / her personal account on the profitmark.ua website or by e-mail.
In the event that the Registrant has chosen an accelerated procedure, the registration period is 7-8 months.
Under the terms of the promotion, the Registrar must register the domain .ua for one UAH. All Registrants who applied for the accelerated procedure for 7-8 months. The registrant undertakes to inform the writing of the domain based on the transliteration rules (for Cyrillic symbols) within 7 working days from the date of application. The term of the accelerated registration is increased by one month and is 6 months, in case of receiving a provisional refusal to register a trademark from the Office.
In case of a provisional refusal of registration, the Registrant is obliged to pay the cost of the Registrar's services for writing a response to the provisional refusal: 2000 UAH. (Two thousand). Also, the Registrant must provide materials on the use of the trademark, which the Registrar requests in addition in an e-mail. The registrar prepares the answer and submits it for review to the Office. After making the final decision, the Registrar attaches it to the Registrant's personal office and informs about it in an e-mail.
In the event that the Registrar has not warned the Registrant of a possible provisional refusal, the Registrar prepares a response to a provisional refusal at his own expense, and the Registrant provides only materials on the use of the trademark.
The registrant must sign a power of attorney and attach it to his / her personal account on the profitmark.ua website within 10 days from the date of filing the application. If the Registrant does not attach a copy of the power of attorney within the specified period, the examination time for the application will be counted from the date of the attachment of the power of attorney to the private office. If the power of attorney is not attached within 6 months from the date of filing the application, it will be withdrawn, and all funds paid for registration will not be returned.
A RESPONSIBILITY
The responsibility of the Registrar can not exceed the amount of the Registrar's fee. Official fees, which are included in the cost of the service, can not be returned under any conditions.
The registrar is not liable and can not be a defendant to third parties for the actions of the Registrant in connection with the registration of the trademark. The registrar is the intermediary between the Office and the Registrant and thus fulfills the instructions of the Registrant to apply for registration. However, the Registrar does not conduct an examination and does not issue a security document to the Registrant on its own behalf.
In the event of a claim, Registrant undertakes to forward its contents to the Registrar by e-mail zayavka@profitmark.ua, within three working days from the date of its occurrence. The registrar reviews the claim and responds to the Registrant within 10 working days.
ACTION OF FORCE MATTER
Neither Party shall be liable to the other party for the delay or non-fulfillment of obligations under this contract, due to circumstances that have arisen against the will and will of the parties and which can not be prevented or avoided, including the declared or actual war, blockade, embargo, earthquake, tornadoes and other Natural disasters confirmed by the Chamber of Commerce and Industry of Ukraine.
The party for which the force majeure occurred has the obligation to notify the other party within 5 calendar days from the date of such an occurrence. If the party does not notify the force-majeure condition within this period, such a condition is not considered to have occurred.
GENERAL PROVISIONS
Registrant-Registrar relations arising out of this agreement are regulated by the legislation of Ukraine. In the event of a dispute, the Parties shall make every effort to resolve it through negotiations. In case of impossibility to reach a resolution of the dispute, the Parties may apply to the court for its resolution in court according to the legislation of Ukraine.
Ordering a service with IDEABOX, Registrant confirms that he has read all the terms of this agreement and accepts his provisions. In case of disagreement with this agreement, the Registrant should not register, order and pay any bills, as this will automatically confirm his agreement with all his terms.