General terms and conditions for standard services on registration and monitoring of industrial property rights (AMB)
Based on availability of AMB, SANDNER attorneys provide legal standard services for registration and monitoring of industrial property rights, especially trademarks and industrial designs.
Differing terms and conditions of the client do not apply, even if SANDNER attorneys did not explicitly reject those. Other agreements, especially assurances, amendments and additional agreements are only effective if SANDNER attorneys have confirmed so in writing.
1. Mandate
The attorney-client relationship is initiated by granting written authorization from the client and subsequent acceptance of the mandate by SANDNER attorneys. Before conclusion of the contractual mandate by SANDNER attorneys, any provided information, etc. is non-binding.
2. Scope of the legal activities
Under the scope of the mandate, only the execution of services by the attorneys is agreed upon, but not the achievement of specific performance.
Unless otherwise agreed, SANDNER attorneys will prove by registration and monitoring of a German Trademark Law only German law, with the registration and monitoring of a Community Trademark Law in addition also European Community law.
The client is advised that, based on the information on the website of SANDNER attorneys, the terms of standard services for registration of industrial property rights cannot be excluded with security that third parties have possible older rights that may be pleaded in the future against the property right of the client after successful registration. Any further exclusion of this risk is only possible by a prior extensive similarity search concerning the applicable trademark right, to be separately contracted and paid for.
Without authorization of such a comprehensive similarity research, the risk exists that any third party may lodge an objection or cancellation application or a paid warning against your trademark right. Therefore a cost risk may arise for the client.
3. Fees
SANDNER Attorneys will provide the service descriptions to the relevant standard rates. SANDNER Attorneys will only provide further legal services and litigation upon instructions and additional remuneration.
4. Obligations of clients
The client has to provide detailed and comprehensive information to SANDNER attorneys on the mandate given at any time. The client will read all the documents carefully and send his comments immediately - preferably in writing - to SANDNER Attorneys.
5. Liability
SANDNER attorneys are liable for the infringement of obligations assumed under a mandate in accordance with the usual professional care of a German lawyer. The extent of its liability for negligently caused damage is regulated by special legal rules generally binding higher amounts are limited to EUR 1,000,000 per event.
6. Law and Jurisdiction
The mandate is subject to the laws of the Federal Republic of Germany, excluding its conflict of laws of German and European IPR.
If the client is a merchant, a legal entity under public law or public special assets, or if he has no general jurisdiction in Germany; Hamburg, Germany is the jurisdiction for all disputes arising out of or in connection with this contract.
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If you have questions about this notice or the handling of your data, please contact us:
TM24 (at) vokat.de.