Terms of Use
Brands Guard Marka Patent Danışmanlık A.Ş. (Brands Guard) aims to provide services to its customers in Turkey, Germany, Europe, and the international arena through the website www.brandsguard.com (Platform). These services include trademark registration, VAT registration in Germany, EORI registration in Germany, registration with the One Stop Shop (OSS) system in Germany, and submission of declarations through the One Stop Shop system. Brands Guard may provide these services directly to customers or in collaboration with third-party business partners in certain cases. This Agreement regulates the rights and obligations of the Parties, including the terms and conditions that must be adhered to in any situation where the Platform is used, whether or not services are provided to the Customer. This Agreement is concluded and becomes effective when accepted electronically by the Customer and is an integral part of the Privacy Policy and Personal Data Text published on the relevant Platform.
A) Distance Sales Agreement
1) Parties
This agreement has been concluded by mutual agreement between Brands Guard Trademark and Patent Consultancy Inc. (Brands Guard) and the service requester (Customer) under the following terms and conditions.
Brands Guard Contact Information
Brands Guard Marka Patent Danışmanlık Anonim Şirketi
Kızılırmak Mah. Hasan Celal Güzel Cad. Gürpınar Apt. No:4 Inner Door No:1 Çankaya/ANKARA
Tax Number: 2451581132
MERSIS No: 0245158113200001
info@brandsguard.com
2) Subject of the Agreement
The Customer wishes to have the services provided by Brands Guard under this Agreement offered to them by applying for any of the services offered by Brands Guard within the scope of the Contract through the website www.brandsguard.com (Platform). Brands Guard intends to provide the services specified in this Agreement to the Customer within the scope of this Agreement. The purpose of this Agreement is to regulate the terms and conditions of the services detailed in the Agreement provided by Brands Guard to the Customer and/or mediated for the payment of the relevant fees by the Customer and the rights and obligations of the Parties.
3) Rights and Obligations of the Parties
3.1. This Agreement, as explained in various sections on the Platform, as well as in accordance with the Service Terms and Conditions and the Parties’ Rights and Obligations regarding the services detailed in this Agreement, provides services to the Customer either directly by Brands Guard itself and/or through third-party business partners to be provided to the Customer as a mediation service for the entire, one, or several of the Product and Services detailed herein.
3.2. The Products and Services to be provided by Brands Guard to the Customer or to be mediated for the Customer are detailed as follows:
3.2.1. Trademark Registration Procedures:
3.2.1.1. Brands Guard offers international application and registration services in Turkey, Germany, the DACH region (Germany, Switzerland, and Austria), Europe (EUIPO), and through WIPO (World Intellectual Property Organization). The Customer can request one or more of these registration services and fill out the application forms provided by Brands Guard.
3.2.1.2. Once the Customer has selected the trademark registration package they wish to use and submitted their application, they are obliged to pay the fees to the relevant authorities within 1-3 business days, including the application fees, any necessary expenses, and the service fee payable to Brands Guard, if applicable.
3.2.1.3. Brands Guard is responsible for filing the trademark registration application within 1-3 business days after the Customer has paid the service fee, application fees, and expenses in full.
3.2.1.4. Brands Guard is not responsible for the rejection of trademark registration applications due to absolute or relative refusal reasons or the existence of similar trademarks. The Customer acknowledges and accepts this. Brands Guard is not liable for the rejection of trademark registration applications due to logo/shape similarities.
3.2.1.5. Brands Guard determines the scope of services based on the package purchased by the Customer on the www.brandsguard.com website. Under the fast registration package, Brands Guard is only responsible for submitting the trademark application, and any additional actions during the application process are subject to separate charges. Under the standard registration package, Brands Guard commits to handling all objections from application to registration, and under the Brands Guard Guaranteed package, Brands Guard commits not to charge a new service fee for reapplying for the same trademark on behalf of the same Customer if it is rejected during the examination stage for absolute refusal reasons by the Turkish Patent and Trademark Office or for relative refusal reasons after the trademark is published. Brands Guard guarantees the Brands Guard Guaranteed registration service package only for trademark registration services to be provided at the Turkish Patent and Trademark Office in Turkey. The Brands Guard Guaranteed package does not apply to trademark registration applications and registration procedures to be carried out at other locations served by Brands Guard, including Germany, DACH, EUIPO, and WIPO. Failure to pay the Turkish Patent Trademark Application Fees and Registration Fees, which are acknowledged and committed to be paid by the Customer, within the legal periods will result in the removal of the trademark, which is not covered by the Brands Guard Guarantee. The Customer acknowledges and accepts that the scope of the service is determined based on the package purchased and agrees to the terms of the selected package.
3.2.1.6. If the Customer wishes to have trademark registration services provided by Brands Guard internationally through WIPO in one or more countries, Brands Guard can only assist the Customer in cases of objections raised by institutions and/or third parties in Turkey, Germany, and the EUIPO. The Customer acknowledges and accepts this condition as part of this agreement.
3.2.1.7. The issuance fee for trademark registration documents to be paid to the authority for trademarks for trademarks for which the legal process has been completed and a decision has been made to register belongs to the trademark owner. The contractor company is responsible for informing the trademark owner about the legal payment period for the trademark registration document issuance fee. Brands Guard is not responsible for the legal fees for trademark registration not being paid within the legal period, resulting in the removal of the trademark registration.
3.2.1.8. Brands Guard is obliged to notify the Customer of all written and verbal notifications regarding the trademark registration application by e-mail or WhatsApp application or by phone. If the contact and communication information of one of the Parties changes, it is obliged to notify the other Party. Notifications to the Parties’ e-mail address or phone number, including WhatsApp or calls, are considered valid. Brands Guard is not liable for any damages that may arise from the failure to make a proper notification.
3.2.1.9. The class/commodity list in trademark applications is determined by the Customer based on the information provided by the Customer or directly filled in by the Customer on the www.brandsguard.com website with the trademark registration request form. Brands Guard is not responsible for incorrect declarations made by the Customer.
3.2.1.10. While Brands Guard directly provides the services explicitly mentioned on the website to the Customer, it only provides mediation services for the creation of the brand, logo design, and creation of the logo design.
3.2.2. VAT, Eori, One Stop Shop Registration Procedures:
3.2.2.1. Brands Guard provides separate services for VAT registration in Germany, Eori registration through Germany, and One Stop Shop registration through Germany, which can be requested by the Customer as service packages.
3.2.2.2. Once the Customer has selected the registration package they wish to use and submitted their application, they are obliged to pay the fees to the relevant authorities within 1-3 business days, including the application fees, any necessary expenses, and the service fee payable to Brands Guard, if applicable.
3.2.2.3. Brands Guard is responsible for filing the VAT registration, Eori registration, and One Stop Shop registration applications within 1-3 business days after the Customer has paid the service fee, application fees, and expenses in full.
3.2.2.4. Brands Guard is not responsible for the rejection of VAT registration, Eori registration, or One Stop Shop registration applications due to any reason, including but not limited to the provision of incomplete or incorrect information by the Customer. The Customer acknowledges and accepts this.
3.2.2.5. The Customer acknowledges that the correctness of the information declared on the relevant platform is the responsibility of the Customer. Brands Guard is not responsible for the accuracy and correctness of the information declared by the Customer on the relevant platform.
3.2.2.6. Brands Guard is not responsible for changes in laws and regulations that may affect VAT, Eori, or One Stop Shop registration, and any resulting financial or legal consequences for the Customer. It is the Customer’s responsibility to stay informed about changes in relevant laws and regulations.
3.2.2.7. Brands Guard is obliged to communicate all written and verbal notifications related to the registration application to the Customer who has made the application via email, WhatsApp application, or phone. In the event of a change in the contact information of one of the parties, Brands Guard is obliged to notify the other party. Notifications made to the email address or phone number of the parties, including WhatsApp or phone calls, are considered valid notifications. Brands Guard cannot be held responsible for any damages that may arise from notifications not being made in accordance with the proper procedure.
3.2.2.8. The One Stop Shop Return service package is a separate package from the One Stop Shop registration package and is priced separately. The One Stop Shop declaration service is performed upon payment of the service fee by the Customer. The Customer agrees, declares, and undertakes to fulfill the duties and obligations required for the submission of the One Stop Shop declaration. Brands Guard cannot be held responsible for any problems or damages arising from the Customer’s failure to fulfill their duties and obligations adequately.
3.2.3. Establishment of a Company in Germany, Establishment of E-commerce Companies:
3.2.3.1. Brands Guard offers separate service packages for Company Establishment in Germany and Establishment of E-commerce Companies through Germany, which the Customer can request from Brands Guard by filling out the application forms for these registration services.
3.2.3.2. The Establishment of E-commerce Companies is a service that will be provided to the Customer when the services specified in Article 3.2.1 “Trademark Registration Procedures” and Article 3.2.2 “VAT, Eori, One Stop Shop Registration Procedures” are requested as a whole. The provisions and conditions specified in these articles are equally applicable to the Establishment of E-commerce Companies service, and the parties to this agreement hereby accept, declare, and undertake this matter.
3.2.3.3. The process of Establishing a Company in Germany begins after the service fee has been paid to Brands Guard by the Customer.
3.2.3.4. The Customer undertakes to prepare all necessary documents for Establishing a Company in Germany in full and without errors, to pay the necessary expenses during the process, and to cover the fees requested by Public Authorities.
3.2.3.5. Brands Guard cannot be held responsible for any damages or delays arising from incomplete document submission by the Customer or the non-payment of required fees and expenses. The responsibility for any problems that may occur during the company establishment process due to incomplete document submission, non-payment of required fees and expenses, or failure to fulfill the requirements requested by German Public Authorities during the process lies with the Customer, and Brands Guard cannot be held responsible.
3.2.3.6. Brands Guard is obliged to notify the Customer who has made the application of all written and verbal notifications related to company establishment via email, WhatsApp application, or phone. In the event of a change in the contact information of one of the parties, Brands Guard is obliged to notify the other party. Notifications made to the email address or phone number of the parties, including WhatsApp or phone calls, are considered valid notifications. Brands Guard cannot be held responsible for any damages that may arise from notifications not being made in accordance with the proper procedure.
3.3. Brands Guard may unilaterally change the services offered on the www.brandsguard.com website and the services to be provided within the scope of this Agreement, as well as the fees to be paid for these services and the other terms and conditions of this Agreement, and may add new services, as well as terminate or discontinue the provision of existing services.
3.4. Brands Guard may unilaterally change the fees, including but not limited to the service fees, application fees, and other expenses to be paid for the services offered on the www.brandsguard.com website, as well as the other terms and conditions of this Agreement.
3.5. Brands Guard may offer special promotions and discounts on its services to the Customer. The Customer acknowledges and accepts that the conditions of these promotions may be determined by Brands Guard, and the Customer is responsible for complying with these conditions.
3.6. Brands Guard may unilaterally terminate the services provided under this Agreement if the Customer violates the terms and conditions of this Agreement, the Service Terms and Conditions, the Privacy Policy, and Personal Data Text, or other legal notices and policies published on the Platform.
3.7. Brands Guard may use third-party business partners to provide the services offered on the www.brandsguard.com website to the Customer or to be mediated for the Customer.
3.8. Brands Guard may use cookies and similar technologies on the www.brandsguard.com website. The Customer acknowledges and accepts that Brands Guard may use cookies and similar technologies as described in the Privacy Policy and Personal Data Text.
3.9. Brands Guard may collect, store, use, process, share, and transfer the personal data of the Customer and third parties in accordance with the Privacy Policy and Personal Data Text and the laws of the Republic of Turkey and the European Union. The Customer acknowledges and accepts that Brands Guard may collect, store, use, process, share, and transfer personal data in accordance with the Privacy Policy and Personal Data Text.
B) Other Terms and Conditions
1) Validity and Term of the Agreement
1.1. This Agreement is concluded for an indefinite period and becomes effective when accepted by the Customer electronically. The Agreement is automatically renewed for an indefinite period at the end of the period it was concluded, and the Parties continue to be bound by the terms and conditions of this Agreement. The Customer may terminate this Agreement at any time without cause by notifying Brands Guard in writing. Brands Guard may terminate this Agreement with 30 days’ notice.
1.2. The Parties’ rights and obligations under this Agreement will continue to apply after the termination of this Agreement, regardless of the cause of the termination.
2) Notifications
2.1. The Parties may communicate with each other regarding this Agreement and the services provided under this Agreement through the communication channels and methods specified on the Platform. Notifications to the Parties’ e-mail address or phone number, including WhatsApp or calls, are considered valid. The Customer is responsible for regularly checking the e-mail address and phone number provided to Brands Guard for notifications. Brands Guard is not responsible for any damages that may arise from the failure to make a proper notification.
3) Confidentiality
3.1. The Parties acknowledge that all information, documents, and data exchanged between them during the execution of this Agreement may be subject to confidentiality agreements and regulations.
3.2. The Parties agree that they will not use the information, documents, and data obtained from each other or created during the execution of this Agreement for any purpose other than the performance of their obligations under this Agreement and that they will not disclose this information, documents, and data to third parties without the written consent of the other Party.
3.3. The Parties undertake to take all necessary precautions to ensure the confidentiality and security of the information, documents, and data exchanged and not to disclose this information, documents, and data to third parties.
3.4. The confidentiality obligation of the Parties under this Article shall continue to be valid for a period of 5 years after the termination of this Agreement.
4) Force Majeure
4.1. Brands Guard and the Customer will not be responsible for the failure to fulfill or delay in fulfilling their obligations under this Agreement due to force majeure. Force majeure is defined as events or circumstances beyond the control of the Parties, including but not limited to natural disasters, fires, explosions, floods, earthquakes, wars, revolutions, strikes, lockouts, sabotage, blockages, prohibitions, import or export restrictions, problems with computer systems and networks, viruses, attacks or hacking of computer systems and networks, and problems with the global or local internet. The Party affected by force majeure must notify the other Party immediately in writing and take all necessary precautions to mitigate the effects of force majeure.
5) Applicable Law and Jurisdiction
5.1. This Agreement is subject to Turkish law. The Parties accept and undertake that in disputes arising from this Agreement, the Turkish Republic Courts and Execution Offices are authorized, and the Turkish Code of Obligations No. 6098 and other relevant legislation apply.
6) Amendments to the Agreement
6.1. Brands Guard may unilaterally change the terms and conditions of this Agreement, the Service Terms and Conditions, the Privacy Policy and Personal Data Text, and other legal notices and policies published on the Platform. The Customer is responsible for regularly reviewing this Agreement, the Service Terms and Conditions, the Privacy Policy, and Personal Data Text, and other legal notices and policies published on the Platform. The Customer acknowledges and accepts that the changes made by Brands Guard to this Agreement, the Service Terms and Conditions, the Privacy Policy and Personal Data Text, and other legal notices and policies published on the Platform are effective from the date of publication on the Platform.
7) Miscellaneous Provisions
7.1. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
7.2. This Agreement may only be changed, amended, or terminated by a written agreement signed by both Parties.
7.3. The Parties may not assign or transfer their rights and obligations under this Agreement to third parties without the written consent of the other Party.
7.4. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties regarding such subject matter.
This is a simplified and generalized template for a service agreement between a company (Brands Guard) and a customer. The actual terms and conditions of such an agreement may vary depending on the specific services being offered and the legal requirements of the jurisdiction in which the company operates. It’s important for both parties to carefully review and understand the terms of any agreement before entering into it, and legal advice may be necessary to ensure compliance with applicable laws and regulations.