For China trademark matters, this terms of service and representation agreement (the Agreement) is entered into by and between CPTMA and the person who requests the China trademark related services (you or Prospective Client or Client.) This Agreement becomes effective on the date the you sign digitally sign, or otherwise agree in writing to CTPMA.
You hereby understand, give consent, and give Power of Firm to our law firm of CPTMA Platform to represent you on trademark matters before the China Trademark Office (CNIPA) following a successful conflict check. The Firm is a full service intellectual property law firm headquartered in Beijing, China. You understand that the Firm will represent you only after a successful conflict check, at which point you will become a Client of the Firm. Until that time, you will be a Prospective Client of the Firm only.
Limited Scope of Services
The Client agrees to retain the Firm to prepare and file a trademark application based on the information provided to the Firm by the Client electronically through the CPTMA.com website. Specifically, the Client retains the Firm to provide the following services in connection with the trademark filing an application process:
- An initial email to the Client that confirms the information electronically provided by the Client;
- Answers to Clients basic China National trademark law questions;
- Identifications and explanations of any likely causes of refusal that the application may face, in the opinion of the Firm;
- Recommendations on potential for other forms of intellectual property protection such as copyright registration and patent;
- Preparation of filing documents with either the Client or the Firm taking Power of Attorney over the application, depending on the Clients wishes. The firm reserves the right to refuse to take Power of Attorney over an application that the Firm believes is not being filed in good faith.
Service Fees and Costs
For purposes of the Limited Scope of Services, and prior to the commencement of services, the Client agrees to pay the Firm the charges described herein. The Client expressly agrees that for ALL FILING PACKAGES, the Firms legal fees are earned once any one of the following conditions are met:
- The Firm has sent the Reporting Letter to the email address or addressed provided by the Client, in the Clients online order.
- Client makes use of any applicable phone time to discuss their application with an attorney or other representative of the Firm.
- The firm commences any of the Limited Scope of Services outlined in Section 1 of this Agreement.
The Firm charges fixed fee rates for all filing packages, and/or hourly fees based on the type of matter and other considerations for which fees are calculated. All hourly work must be agreed to in writing prior to commencement of work, at which point an hourly fee schedule for all attorneys to be assigned to the matter will be provided to the Client.
Personally identifiable information means information that can be used to identify you as an individual, such as, for example, your name, company, email address, phone number, billing address, credit card information (to process purchases), any legal information you provide (trademark registration number, trademark filing dates, other information necessary for us to carry out our service) and your computers domain name and IP address. We collect this information to improve the quality of our website as well as to process purchases.
We will not sell, rent, exchange, or give your information to any third-party for any reason, other than for the express purpose of fulfilling the purchased service request. Please keep in mind some information filed with China Patent and Trademark Office (CNIPA - China National Intellectual Property Administration) becomes public after filing. For example, the CNIPA makes public the name and address of the trademark applicant on its website.
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