General conditions of sale

Dear user,

Below you will find the general conditions governing the purchase of the services offered on the Ufficiobrevetti.it website (hereinafter the “Conditions”).

By purchasing a service through Ufficiobrevetti.it you declare that you have read and accepted these Conditions. We therefore suggest you read this document carefully before making an order.

If anything is not clear to you, you can contact us at any time through the contact form on the website, or by calling 055 0981652.

ART. 1 – What is Ufficiobrevetti.it

Ufficiobrevetti.it (or simply the “Website“) is a portal managed by Studio Brevetti Turini Srl, a company headquartered in Florence, at Viale Giacomo Matteotti 25, Tax Code, VAT number and registration number in the Florence Company Register 05806260484, Certified email [email protected], share capital €10,000.00 fully paid up (hereinafter referred to as “the Firm” or “we/us“).

Anyone accessing our Website (“User” or “you“) will be able to find answers to the most frequently asked questions on the subject of intellectual and industrial property. Through Ufficiobrevetti.it, you can also autonomously request the filing of a work with the SIAE and the registration of an industrial property title (trademark or design), or you can request our personalized advice to better meet your needs. Each service that can be purchased through the Website (“Service“) is provided by the Firm in accordance with the terms and conditions described below.

ART. 2 – Functions and services offered by Ufficiobrevetti.it

2.1 By accessing the Website, you will be able to freely view the information content relating to trademarks, designs and works protected by copyright, without charge. It is also free of charge to use the functions to correctly frame your needs by filling in our preliminary questionnaires.

2.2 You can also purchase the following Services on Ufficiobrevetti.it:

registration of an Italian or European Union trademark;
priority search on the trademark you would like to register;
registration of a design;
filing of a new work or unreleased software with the SIAE;
registration of software that has already been released in the Public Software Register held by the SIAE;
preliminary advice via videoconference with one of our professionals.

ART. 3 – Questionnaires

Before purchasing a Service, you can use the questionnaires available on the Website for free. These are tools that will help you identify the protection tool that best suits your needs, or that will allow you to obtain an initial automated assessment on the registrability of your trademark. However, please note that our questionnaires process answers automatically and based on the information you enter. The outcome of the questionnaire is therefore merely indicative, serving only to help you better understand the Services we can offer you, and in no way replaces our personalized advice or a legal opinion given by a lawyer. We therefore assume no responsibility for the actions you choose to take on the basis of our preliminary questionnaires, nor for the consequences connected with any use you wish to make of the outcome of the questionnaires.

ART. 4 – Guided procedures for the purchase of services and summary of costs

4.1 You can purchase our Services by following the guided procedures on the Website and filling in the various fields with the requested data. During the entire compilation procedure you will be able to view the explanatory information relating to any data requested in the fields that you are asked to fill in. We suggest you read all our explanatory notes thoroughly and fill in each field carefully because the data you enter will be sent to the UIBM (Italian Patent and Trademark Office, where Italian trademarks, designs and patents are filed), to the EUIPO (European Office, where European trademarks and designs are filed) or to the SIAE (Italian copyright protection body), together with your registration or filing application.

4.2 At the end of the guided procedure, you will get an estimate of the total costs of the Service. Please note that the costs vary according to the information entered during the compilation phase and depend, among other things, on the taxes applied by the various Offices and on some specific elements of your application, such as the number of classes chosen or the territory for which trademark registration is requested. In the estimate you will find a summary of the total amounts requested, showing the taxes, duties and fees separately. The request for a quote is free and does not commit you in any way: you can therefore freely decide, after receiving the quote, whether or not to proceed with an order. Before sending us your order, double check the data entered and make sure they are correct because it will no longer be possible to change them at a later time.

4.3 We would like to remind you that you can only purchase our Services through Ufficiobrevetti.it if you are over the age of 18 and only for yourself. It is strictly forbidden to ask for advice, register a trademark or file a work on behalf of third parties, unless you are one of our authorized dealers. Therefore, unless you are one of our authorized dealers, the data of the person who is indicated as the holder of the order must match the data of the account holder as indicated during registration. Despite the fact that only you can be the holder of the order, you can still enter billing data referring to a person other than you (such as a company or a third party who makes the payment on your behalf).

ART. 5 – Italian or European Union trademark registration service

5.1 This Service allows you to apply for the registration of an Italian trademark with the Italian Patent and Trademark Office (UIBM) or the registration of a European Union trademark with the European Union Intellectual Property Office (EUIPO). Please note that the Service only includes the filing of the trademark registration application in the form (verbal, figurative or other type), in the State and for the classes of products and/or services you indicated when filling the application. A priority search is not included in the Trademark Registration Service unless purchased separately.

5.2 Our Firm will file your registration application within 5 days of receiving all the documents required for filing, which you will find listed in your reserved area. The Service will be deemed performed when the registration application has been filed.

5.3 If you apply for the registration of a word mark, you can use it in any shape or graphic, format or character, while if you apply for a figurative mark you will have to use the same image that is filed and with the same colors (unless local legislation allows otherwise). If you apply for the registration of a European Union trademark, we remind you that the territory of the United Kingdom is not included, as a result of BREXIT. With reference to the filing of a European trademark, and in order not to delay filing, by accepting these Conditions you expressly authorize us not to open the file relating to similar trademarks made available by the EUIPO during filing and, in any case, not to take it into account.

5.4 Please note that, once the trademark has been registered, you must actually use it in the territory requested and in relation to the products and/or services claimed in the application. If you do not do so, anyone who has an interest could take action against you to have the trademark declared revoked. We therefore recommend that you collect and keep evidence of use of your trademark (such as labels, catalogs, advertising material, packaging, etc.).

5.5 It is not possible to register an international trademark (WIPO) through Ufficiobrevetti.it. The term International Trademark refers to a procedure which allows a trademark to be filed in multiple states that are party to the Madrid Protocol with a single application. If you wish to register an international trademark, contact our Firm by filling out the contact form on the Website or by contacting us by other means.

ART. 6 – Free priority search service and coupon

6.1 This Service allows you to obtain a priority search, on only the verbal component of the trademark you wish to register. The result of the search will be sent to you via email within 14 days of purchasing the Service.

6.2 Trademark searches are carried out on the databases of Italian trademarks, on the EUIPO register (only the register of EUIPO trademarks, excluding the individual Member States of the European Union, the United Kingdom and Switzerland) and on the register of international trademarks with effect in Italy and in the European Union. The result of the search will consist of a search report containing the trademarks found that are identical and/or similar to the trademark you indicated, registered in the classes of products or services you are interested in and indicated by you, in addition to the company names and domain names identical to the sign you indicated. The update of the Italian database is sometimes reported at the bottom of the search. An opinion of interference, forgery or of any other kind is not included in the search inquiry.

6.3 It is extremely important and strongly recommended to carry out a prior art search before registering a trademark, particularly to avoid the risks and costs associated with possible disputes by third parties who already own earlier rights to the sign you would like to register. If you wish to file a European trademark, it is advisable also to search the databases relating to the individual states of the European Union. In this regard, please note that although all prior art searches on trademarks are carried out with the utmost care, they are considered by their very nature to be around 90% reliable. We therefore advise you to register the trademark as soon as the search has been carried out, to ensure that the search results are still current and to reduce the risk of the trademark being contested.

6.4 Precisely because we know that it is essential to carry out a prior art search immediately after filing the registration application, if you decide to purchase the Trademark Search Service we will give you a coupon worth€50.00 which you can spend on subsequently purchasing the Trademark Registration Service. Only one coupon can be used for each trademark registration.

ART. 7 – Design registration service

7.1 This Service allows you to apply for the registration of a design/model at the Italian Patent and Trademark Office (UIBM) or the registration of a design/model at the European Union Intellectual Property Office (EUIPO). The Design Registration Service includes only the filing of the design registration application in the form of the product you indicated and in the territory you are interested in, by attaching a maximum of 7 designs (in different perspectives) that you will provide us with by uploading them to your reserved area.

7.2 Our Firm will file your registration application within 5 days of receiving all the documents required for filing, which you will find listed in your reserved area. The application will be published without being subject to deferment of publication, unless you expressly indicate otherwise. The Service will be deemed performed when the registration application has been filed.

7.3 Please note that the design/model must be new and have individual character in order to obtain registration of the design. The novelty requirement means that you must not have disclosed the design/model in specialized circles prior to filing the application (or, as regards European design, no more than 12 months prior to filing). Conversely, the individual character requirement means that the overall impression the design/model produces on the informed user must differ from the overall impression caused by any other design/model disclosed before the date of submission of your registration application.

7.4 It is not possible to register an international design (WIPO) through Ufficiobrevetti.it. The term international design refers to a procedure which allows a design/model to be filed with a single application in multiple states that adhere to the Hague system. If you want to register an international/non-EU design, contact our Firm by filling out the contact form on the Website or by other means.

ART. 8 – Filing a new work or unreleased software with the SIAE

8.1 This Service allows you to apply to file your new work, including software that has not yet been released, with the SIAE – OLAF Section. This Service only includes the filing of the work and does not include the provision of any advice relating to the work, the problems underlying the possible existence of third-party rights or any other matter requiring a thorough study.

8.2 Our Firm will send your filing application within 5 days of receiving all the documents required for filing, and the Service will be considered performed when the package is sent to the SIAE. In addition to uploading the requested documents to your reserved area, please note that you will also have to send us the forms we send you by email and a copy of the work by traditional registered mail. These additional documents will also have to be sent in analog format, on the media and in the ways we will specify via email.

8.3 After filing the work, you will be able to receive communications from the SIAE office regarding the filing, as well as the certificate of successful filing of the work. You must promptly forward these communications and a copy of the aforementioned certificate to allow us to correctly monitor the progress of your application. Failure to forward these communications or the filing certificate could jeopardize the success of the filing procedure or the renewal of the filing (on expiry).

8.4 Please note that no right on the filed intellectual work is recognized with the filing, since it only has a probative function. The protection offered by copyright is originally acquired through the sole fact of the creation of a work, on condition that this is provided for by relevant legislation (Law n. 633/41). Protection is never guaranteed for works unless expressly provided for, just as no protection is conferred on ideas.

8.5 Please also note that the person in whose name the filing is registered (i.e. you) is the person who can economically exploit the rights on the work, while the author is the person who actually conceived and created the work and who has the right to be identified as the author also in the commercialization of the work (moral right). The owner of the work may be a natural person or a company, while the term author/s can only identify one or more natural persons. We will identify you as the person registering the work and the person/s identified by you as the author/s, without carrying out any check on their creative contribution and on the reasons why the person registering the work is not the same as the author.

ART. 9 – Registration of software that has already been released in the public software register

9.1 This Service allows you to apply to register a computer program that has already been released in the Public Software Register at the SIAE – OLAF Section. This Service only includes the filing of a registration application and does not include the provision of any advice relating to the software, the problems underlying the possible existence of third-party rights or any other matter requiring a thorough study.

9.2 Our Firm will send your registration application within 5 days of receiving all the documents required for filing, and the Service will be considered performed when the package containing all the documentation is sent to the SIAE. In addition to uploading the requested documents to your reserved area, please note that you will also have to send us the forms we send you by email and a copy of the program by traditional registered mail. These additional documents will also have to be sent in analog format, on the media and in the ways we will specify via email.

9.3 After filing the registration application, you will be able to receive communications from the SIAE office regarding the filing, as well as the certificate of successful registration of the software. You must promptly forward these communications and a copy of the aforementioned certificate to allow us to correctly monitor the progress of your application. Failure to forward these communications or the registration certificate could jeopardize the success of the procedure.

9.4 As is the case for the filing of new works, please note that no right on the software is recognized with the registration, since it only has a probative function. The protection offered by copyright is originally acquired through the sole fact of the creation of a work, on condition that this is provided for by relevant legislation (Law n. 633/41). Protection is never guaranteed for works unless expressly provided for, just as no protection is conferred on ideas.

9.5 Please also note that the person in whose name the software is registered (i.e. you) is the person who can economically exploit the rights on the program, while the author is the person who actually conceived and created the work and who has the right to be identified as the author also in the commercialization of the work (moral right). The owner of the work may be a natural person or a company, while the term author/s can only identify one or more natural persons. We will identify you as the person applying to register the software and the person/s identified by you as the author/s, without carrying out any check on their creative contribution and on the reasons why the person registering the software is not the same as the author.

ART. 10 – Preliminary consultation service

10.1 This Service allows you to book an appointment, obtain initial advice on the work or signs you would like to protect, or receive an initial preliminary assessment from us on an out-of-court legal problem or on a matter of industrial law. You will be able to decide when to fix the appointment, choosing from the available options shown on the calendar on the Website, in the section relating to this Service.

10.2 The advice will be given via videoconference and will consist of a consultation of up to 40 (forty) minutes with one of our professionals. You will receive the access link to the call via email, immediately after purchasing the Service. The Service will be considered concluded at the end of the videoconference session.

10.3 Please note that you will be able to explain your problem to us during the consultation and ask us anything you feel is appropriate in relation to the question you indicated during the guided procedure to purchase the Service. However, since this is an initial preliminary consultation, we will not be able to examine documents nor give you a proper detailed opinion on the question you wish to ask us. All that we tell you during the appointment will serve to give you some guidance and our answers will naturally be based on the information you give us. If we deem it necessary to carry out further investigations or involve other professionals to be able to answer you (for example a lawyer), we will let you know immediately.

10.4 We suggest you carefully check the date and time of the appointment you selected when completing the order because it will no longer be possible to make changes after you have purchased the Service.

Art. 11 – Registering an account on Ufficiobrevetti.it

11.1 To purchase a Service you need to create an account by filling in the appropriate registration form. Registration, as with the purchase of our Services, is reserved exclusively for adult Users.

11.2 During registration you will be asked to give your email address, choose a password and accept our privacy policy. At the end of the registration procedure you will be able to purchase the Services and access your reserved area using the login credentials, consisting of your email address and the password chosen during registration

11.3 Please store your credentials for access to the reserved area carefully and keep them secret. The Firm cannot, under any circumstances, be held liable for the loss, theft or improper use, even by third parties, in any capacity whatsoever, of your access credentials.

ART. 12 – Purchase of services and conclusion of the contract with the firm

12.1 After registering, you will be able to purchase our Services at the end of the procedure that guides you in making your order. The term “order” means your application for a Service, complete with personal and fiscal details, together with payment.

12.2 Before purchasing the Service, we will show you a web page summarizing your order, which you will have to fill in carefully by entering the data of the person making the order (i.e. you) and the billing data, and choosing the payment method. You must then check the accuracy of the data entered. At that point, once you have accepted these Conditions by means of validation clicks, you will be able to confirm the order and pay the total amount of the Service by clicking on the buy button. Before clicking on the buy button, you will be able to change the data entered simply by selecting back and correcting any errors.

12.3 The validation click constitutes an electronic signature. By sending the signed order by means of the validation click, you enter into an irrevocable contractual obligation for the purchase of the Service, but the contract between you and the Firm will only be finalized when we confirm our acceptance.

12.4 Once we have received your order, we will send you a confirmation email to the email address associated with your account. This email will be valid as acceptance of your proposed purchase. The confirmation email will contain the identification number assigned to your order, a brief summary of the Service purchased and a link to the text of these Conditions, which we suggest you download and keep. Therefore, the contract between you and the Firm is not considered finalized and effective between the parties until we notify you of the acceptance of your order by sending the summary and confirmation email.

12.5 The Firm reserves the right not to accept an order if the authorization to charge the cost of the Service to the User is denied, or in the event of an unforeseeable technical error of the Website during the purchase phase. In both cases, no charge will be incurred and your proposal will be considered as refused.

12.6 If you have any doubts or difficulties during the purchase phase, you can contact us using the contact form on the Website or contact the Firm at the addresses provided. We will provide you with all the necessary clarifications as soon as possible but, since purchases can only be made through the Website, it will not be possible to purchase the Services by telephone.

ART. 13 – Payments and billing

13.1 Once an order is sent, the entire amount for the purchase of the Service, as quantified in the summary screen, must be paid immediately by any one of the available payment methods.

13.2 If you choose to pay by PayPal, you will be directed to the PayPal login page and the payment will be handled in accordance with the rules governing your relationship with PayPal, which has nothing to do with us. Alternatively, you can pay by credit card. In this case, you will enter your credit/debit card details into a protected electronic circuit – provided by Stripe Payments Europe Limited (Stripe) – and the payment order will be sent directly to the portal of the bank or financial company you indicated. All payment data entered by Users will be retained exclusively by PayPal or Stripe and not by our Firm. The Firm will not be able to find out information relating to your credit card or your financial and asset information at any time during the payment procedure. We cannot therefore be held liable in any way for any fraudulent and/or illegal use of credit cards by third parties during the procedure for purchasing and paying for the Services through the Website. To find out more about the payments managed by PayPal and Stripe, please refer to their general terms and conditions (https://www.paypal.com/it/webapps/mpp/ua/useragreement-full – https://stripe.com/it/legal/ssa).

13.3 You will need to provide us with your billing information before making a payment. By providing us with the information needed to issue the invoice, you represent and warrant that the data entered is true, releasing and holding us harmless from all liability in this regard. We will make the invoice out to the person you indicate to us, who may also be another person other than you (for example, if you ask us to personally register a trademark in your name but you want the payment to be made by your company, we will make the invoice out to your company if you provide us with your company’s billing information). In any case, the invoice will be sent to you by email, using the email address associated with your account, as soon as we receive the payment.

ART. 14 – Other costs not included in the price

14.1 The prices relating to the Services offered for sale on the Website are expressed in euros and include VAT. The price guaranteed to the User is the one published on the Website at the time the order is sent. The prices of the Services may vary, for reasons dependent on the competent offices or as decided by the Firm. We therefore reserve the right to change the overall price of the Services at any time, it being understood that any price changes made will in no case affect contracts that have already been concluded.

14.2 The amount paid for the purchase of the Service does not include any further expense that may be connected to the execution of the assignment entrusted to the Firm unless expressly indicated in the order summary screen. By way of example and not exhaustively, the amount paid for the purchase of the Service does not include any costs for revenue stamps, for issuing authentic copies of deeds, for translations, for the collection and delivery of the certificate of concession of the title or the fees to maintain the title (such as renewing the SIAE filing, the trademark or the design), the costs for any office action raised by the examiner or for any actions presented by the holders of prior rights, and the cost of any other activity not included in the purchased Service. These costs depend on the complexity and type of activity required and will be duly estimated by the Firm before proceeding with any appropriate activity.

14.3 All costs not included in the price of the Service are to be paid by the User. Please note that the Firm will not carry out any activity until it has accepted the purchase order for a Service or until it receives a specific assignment and payment of the relative sums. Therefore, we will not carry out any activity, make any payment or submit any applications, objections or submissions in response without an express assignment when required and without having first received any payment requested.

ART. 15 – Start of performance of the services

15.1 All Services connected to trademarks, designs or copyright will be performed by the Firm as soon as possible and, in any case, within the maximum terms for the performance of each Service set out in the previous articles (see Articles 5, 6, 7, 8, 9 and 10).

15.2 By accepting these Conditions, and in view of the specific nature of the Service requested, you expressly ask the Firm to take charge of your request as soon as possible and to start working on it as soon as the order is confirmed. This is so as not to jeopardize the protection of the rights on the trademark, design, work or software that you wish to file/register.

15.3 In your exclusive interest and in the light of your explicit request, we undertake to perform the Service as soon as possible, but your collaboration is essential. If you do not upload all the necessary documents to your reserved area and you do not send us the materials requested, we will not be able to process your request or provide you with the Service. After purchasing the Service, you will then need to access your reserved area and upload all the necessary documents, which you will find listed in the order section.

ART. 16 – Representation

16.1 For the performance of the Services, we make use of authorized professionals and consultants, internal or external to our Firm, who are delegated by us and under our responsibility. Therefore, the representation for the filing of titles (trademarks, designs and new works) will be assumed by professionals duly registered in the Register of Trademark Consultants or the Register of Lawyers (“Qualified Professionals”).

16.2 For the purposes of carrying out the Services for the registration or filing of titles, Users will give a mandate to the Qualified Professional used by the Firm to represent them before the competent offices. By doing so, they authorize the communication of their data and the necessary information for the execution of the task to the aforementioned Professional and his/her associates. We therefore inform you that said Professional and his/her associates will be able to contact you via the contact details you indicated in the order for communications necessary or connected to the provision of the purchased Service.

16.3 We also make use of Qualified Professionals, including duly registered lawyers, for the performance of the Consultation Service. However, the service we offer on Ufficiobrevetti.it is an initial out-of-court consultation. Therefore, it should be noted that if legal issues pertaining to courts of law or which, in any case, require the intervention of a lawyer should emerge during the consultation, you will have to give the necessary mandate directly to a lawyer. If you deem it appropriate, you can also contact the lawyer with whom you carried out the consultation, it being understood that, in any case, you will have to establish a further and different relationship with the lawyer, which will have nothing to do with our Firm.

ART. 17 – Reserved area and exchange of communications with the user

17.1 After registering on Ufficiobrevetti.it, you can access your reserved area by entering the credentials chosen during registration (email address and password). On accessing your reserved area, you will be able to view the summary of your orders, appointments booked and any coupons you may have, and you will be able to monitor the progress of the Services you have purchased.

17.2 More specifically, against the identification number of each order, you will be able to see if the status is “pending” or “completed“. If you see a “pending” status, it may mean that you have not yet uploaded all the documents necessary for the performance of the Service. After purchasing the Service, you will therefore need to make sure that you have uploaded to your reserved area all the files required to fulfill the order, otherwise we will not be able to perform the requested Service. For some Services (such as SIAE filings) you will be asked for additional documents by email, which you will have to return to us by ordinary mail, duly completed and the originals signed, as well as copies of the work/software in the formats and on the media indicated by the competent office. We will support you in completing the various documents, but we will not be able to proceed with the filing until we have received everything we need from you.

17.3 The reserved area is the way in which you are required to send us the documents that you will find listed there. We will only communicate with you through the reserved area to confirm that the Service has been performed, marking the order that has been executed as “completed”. For all other communications with you, we will use the email address associated with your account, or the certified email address you indicated during the purchase.

17.4 By accepting these Conditions, you authorize the sending of written information and the exchange of any communication with the Firm and/or with the Qualified Professionals via email and via certified email, declaring that you prefer this means for any communication with the Firm and confirming that the mailboxes indicated by you are checked daily.

17.5 You must promptly notify us of any changes of residence or domicile, email, certified email, or of any change in your personal and/or contact details, so that all communications relating to your order or reports of any due dates can be sent correctly. Please note that in the absence of such communication it will not be possible to send you any notices and we will no longer be able to manage the cases entrusted to us with the proper care. In particular, we would like to point out that if you do not receive notices regarding possible objections or payment due dates, you risk losing your rights on the application or title granted.

17.6 Although notices of due dates are handled with the utmost care, so as to avoid losing rights for reasons not attributable to the Firm, you undertake to carefully note the due dates which are indicated on the title page of the filing document that will be sent to you, if applicable.

ART. 18 – User responsibility

18.1 By purchasing a Service, the User declares, under his/her personal responsibility and for all legal purposes, that the data provided for the execution of the order is accurate, truthful and complete. The User acknowledges that neither the Firm nor the Qualified Professionals will carry out any checks on the accuracy, truthfulness or completeness of the data provided by the User, including checks of a technical or fiscal nature, hence the User will be solely liable for the correctness of the data provided.

18.2 The User undertakes to promptly provide the Firm with all information and documentation that is necessary and relevant for the performance of the Service, assuming as of now sole responsibility regarding the content, truthfulness and regularity and, consequently, indemnifies the Firm and Qualified Professionals against claims made by interested parties or third parties. The User also declares that he/she is aware that the Service will be performed on the basis of the technical documents and information provided by the User and that the inaccuracy, falsity and/or incompleteness of such documents and information may affect the outcome of the assignment (for example, the inaccuracy of the data provided by the User may lead to the incorrect heading of the title and affect its validity).

18.3 If the Service cannot be performed due to the failure to provide the necessary documents, the User acknowledges and accepts that the Firm cannot be held in any way liable for the delays or the failure to perform the Service.

ART. 19 – Right of withdrawal and exclusions

19.1 “Consumer User” means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activities carried out, as defined by the Consumer Code (Legislative Decree No. 206/2005). The Consumer User has the right to withdraw from the contract for the purchase of the Service, without any penalty and without specifying the reason, within 14 days from the conclusion of the contract, i.e. from the day of receipt of the email confirming acceptance of the order.

19.2 To exercise the right of withdrawal, the Consumer User can send us a written communication via certified email to [email protected], or an email to [email protected], simply informing us of the intention to withdraw from the contract and the order number to which the withdrawal refers. In the event of the Consumer User’s withdrawal, the Firm will refund the amount paid for the purchase of the Service, without charge, in the shortest possible time and in any case within 14 days from the day when the withdrawal was communicated, using the same payment method chosen by the User for the initial transaction.

19.3 It should be noted that the right of withdrawal cannot be exercised in all the cases provided for by Article 59 of the Consumer Code. In particular, withdrawal is excluded for Service contracts “after the complete provision of the service if the performance has begun with the consumer’s express agreement and with acceptance of the loss of the right of withdrawal following the full performance of the contract by the professional”. Our Firm will start working on your case as soon as you receive the order acceptance confirmation. This means that performance of our Services will begin during the withdrawal period, in your exclusive interest and precisely in consideration of the fact that waiting before filing registration applications or filing titles could lead to the irreversible loss of rights.

19.4 If you are a Consumer User and you decide to withdraw from the contract within 14 days of the conclusion of the contract, but before the complete performance of the Service, you will still be required to pay the Firm an amount proportional to the services already provided on the date of exercising the right of withdrawal, as required by Article 57 of the Consumer Code.

19.5 In the case of the Consultation Service, the Consumer User can withdraw without charge within 14 days from the day of conclusion of the contract and with the same methods indicated above, but only on condition that the consultation has not already been provided. If the Consumer User does not attend the scheduled appointment without providing prior notice, no amount will be refunded and the User’s absence will not be considered as a withdrawal. This is because our professionals will already have reviewed the request for a consultation as from the date of conclusion of the contract, undertaking to reserve the requested time slot for the User.

19.6 The right of withdrawal is expressly excluded for Users that do not qualify as Consumers, i.e. for Professional Users. “Professional User” means the natural or legal person acting in the exercise of its entrepreneurial, commercial, craft or professional activities or its intermediary, as defined by the Consumer Code (Legislative Decree no. 206/2005). Please note that providing a VAT number when purchasing the Service implies that the User is making the purchase as a Professional User, for which there is no right of withdrawal. In this case, if you wish to withdraw, the right of withdrawal is only permitted on condition that you are able to demonstrate that the contract was concluded to meet a need of your everyday life and completely unrelated to the exercise of your professional activities.

ART. 20 – Withdrawal and refunds

20.1 You may revoke the assignment given to the Firm at any time and request the return of the deeds and documents provided for the performance of the Service.

20.2 Subject to the right of withdrawal granted to the Consumer User, no other type of withdrawal is permitted and the amount paid as a fee for the purchase of the Services is non-refundable. This is because the Firm will take your order on as early as possible, and may start work on your case as soon as the contract is concluded.

20.3 In the event of the withdrawal or revocation of the assignment conferred on the Firm, or its termination for any reason, you may only request reimbursement of the amounts paid for taxes – provided that they have not already been paid by the Firm – while the amount paid for fees and VAT will not be reimbursed. The Firm will have the right to demand payment of the fees relating to the activity carried out up to that time.

20.4 Please note that if we do not receive from you the documentation necessary for the performance of the Service (such as power of attorney or the documents listed in your reserved area) in the 60 days following the purchase of the Service or, in any case, if we do not receive any communication from you in the 60 days following the purchase, we will only refund the amount you paid by way of taxes (the refund of fees and VAT is excluded) and the Firm will have no further obligation or liability towards you as of that time.

ART. 21 – The firm’s warranties and responsibilities

21.1 Subject to the application of mandatory rules and/or in the case of willful misconduct or gross negligence, the Firm assumes no liability and gives no warranty for any direct or indirect loss, cost or damage, in terms of both the loss sustained and lost profits, or for any other damage due to:

damages, losses and costs incurred by the User as a result of the failure to send the documents necessary for the performance of the Service;
failure to grant the title or third-party actions and/or claims due to errors, inaccuracies or falsehoods in the data entered by the User when completing the guided purchase procedure or in the data contained in the documents subsequently sent to the Firm;
unauthorized or incorrect use of the User’s login credentials;
any fraudulent or illegal use of credit cards and other means of payment that may be made by third parties;
any actions or usage that the User chooses to make based on the outcome of the preliminary questionnaires on the Website;
loss of the data contained in the reserved area in the event that the Firm cancels the User’s account due to the User’s breach of these Conditions, the applicable legal provisions or the Terms of Use of the Website;
malfunctions, faulty service (temporary and/or partial), suspensions, bug outages or any other limitation of the functionality of the Website that is not attributable to the Firm. In this regard, the User acknowledges and accepts that the usability of the Website could be temporarily suspended, without notice, in the event of maintenance operations, updates, error corrections and for any other intervention that may become necessary to guarantee the operation and security of the Website;

21.2 Furthermore, our Firm cannot in any way be held liable or liable for damages deriving from or in any way connected to one of the following circumstances:

With regard to the Trademark Registration Service (Article 5), if the User intends to register a trademark without carrying out a prior art search or in any case in the knowledge of its uncertainty, said User assumes all responsibility deriving from the filing of said application for registration in relation to the application not being accepted, its invalidity or any claims by third parties.
With regard to the Search Service (Article 6), having acknowledged the unavoidable margin of unreliability of prior art searches (approximately 10%), the Firm is expressly exonerated from any and all liability for any claims by third parties or for the possible invalidity or non-acceptance of the trademark registration application. Furthermore, if the Firm informs the User, by sending the search report, of any critical issues that may have emerged from the outcome of the search and the User intends to proceed with the filing anyway, the User assumes all liability deriving from said filing, both in relation to the non-acceptance of the application and for third party claims.
With regard to the SIAE filing services (Articles 8 and 9) the User exonerates the Firm from any and all liability if it is impossible/difficult to economically assert and/or defend the work in the event of a judicial or extrajudicial dispute, and/or in case of contractual negotiation. Furthermore, the User acknowledges that the Firm does not carry out any checks on the material sent to it for filing, therefore the User assumes full liability for its contents. The Firm will identify the persons identified by the User as the person registering the work and its author, without carrying out any check on their creative contribution and on the reasons why the person registering the work is not the same as the author.
With regard to the Consultation Service (Article 10), the User acknowledges that the information provided by the Firm do not constitute legal advice in the technical sense and that no documents will be examined. Therefore, the Firm assumes no liability for any legal actions and initiatives that the User may undertake autonomously and on the sole basis of the guidance provided by the Firm in the context of the preliminary consultation.

21.3 The Firm cannot be held liable for the failed or delayed performance of the Service due to circumstances beyond the Firm’s reasonable control or force majeure events, exceptional and unforeseeable events or any events that are beyond its control. By way of example only, the following are to be considered as such circumstances: natural disasters, fires, wars, national strikes, provisions of public authorities which impose the suspension of the Service or limit its performance, and any other similar event. In such cases, the Firm will promptly notify the User in writing of the nature, extent and consequences of the force majeure event, doing everything in its power to identify solutions to allow the correct performance of the Service even if the event should persist.

21.4 Finally, we remind the User that the Firm has no obligation or commitment whatsoever to achieve the result desired by the User, since ours is an obligation of means and not of result, with the consequence, among others, that the fees will remain due regardless of the outcome of the assignment.

ART. 22 – The firm’s intellectual and industrial property rights

22.1 You acknowledge that the Firm is the sole and exclusive holder of all industrial and intellectual property rights relating to the Website and the contents available on the Website such as, by way of example, trademarks, domain names, graphic motifs, texts, wording, slogans, logos, layouts, images and, in any case, the distinctive signs and design rights of any kind that appear on or pertain to the Website.

22.2 Acceptance of these Conditions does not entail the allocation of any right in favor of the User, who is therefore not authorized to reproduce, modify, copy, disseminate or otherwise use the materials and contents listed above. The User is authorized to view and use the material available on the Website exclusively for personal, non-commercial use and exclusively for purposes connected to the application or performance of the Services provided through the Website.

22.3 In the event of a breach, the Firm reserves the right to take the most appropriate legal action to protect its rights.

ART. 23 – Account cancellation

23.1 Registered users may request the deactivation and cancellation of their account at any time by sending a written request by email to [email protected].

23.2 In the event of the User’s breach of these Conditions, the applicable legal provisions or the Terms of Use of the Website, the Firm reserves the right to suspend or deactivate the User’s account at any time and without notice, without prejudice to the possibility of it being reactivated.

23.3 If the User’s account is canceled, the documents previously uploaded into the reserved area associated with the account will be canceled and will not be restored even if the account is reactivated.

ART. 24 – Privacy and confidentiality

24.1 The User declares that he/she has received the Privacy Policy at the time of registering on the Website and confirms his/her consent to communicate his/her personal data, not only for the purposes intrinsic to the relationship, but also to any third-party professionals that may need to be used for the specific case to fulfill tax obligations and other legal obligations.

24.2 The User may receive news or updates from the Firm via email regarding patents, trademarks, industrial property and copyright, but may request at any time not to receive them anymore.

24.2 Except as provided for in 24.1, the User is informed that the assignments will be treated with the utmost confidentiality and the Firm expressly guarantees this. On being granted the assignment, the Firm is expected to keep all the information provided by the Client confidential, and may only communicate such data to the Qualified Professionals and employees identified by the Firm, who also undertake to keep such information confidential. All orders accepted by the Firm will be stored in digital format, in accordance with the best standards of confidentiality and security.

ART. 25 – Information and complaints

The User may contact the Firm at any time to ask for assistance or make a complaint at the following email addresses: [email protected] certified email [email protected]

Alternatively, you can contact us by sending a registered letter to the Firm’s registered office.

ART 26 – Referral, applicable law and competent court

26.1 The Contract between the User and the Firm is deemed concluded in Italy and is governed by Italian law, in particular by the provisions of the Civil Code, the Consumer Code and other currently applicable regulations.

26.2 For the resolution of all disputes between the Firm and the Consumer User arising from the Contract, the Court of the place where the Consumer User resides or is domiciled, provided it is located within the territory of the Italian State, is competent. The Consumer User is informed that, in the event of a dispute, a complaint may also be submitted via the European Union’s ODR platform, which can be accessed via https://ec.europa.eu/consumers/odr/main/index.cfm?event =main.home.chooseLanguage for an out-of-court dispute resolution procedure.

26.3 In the case of a Professional User, all disputes arising from this contract will be submitted to the exclusive jurisdiction of the Court of Florence, subject to mandatory legal provisions, and after an attempt at mediation pursuant to Legislative Decree no. 28/2010 in accordance with the provisions of the Rules of Procedure of a body based in Florence and registered in the Register of Mediation Bodies held by the Ministry of Justice. The procedure is activated by the first requesting party, through a request to the Secretariat of the body in accordance with the procedures set out in the Rules.

ART. 27 – Insurance policy

The User is hereby informed that the Firm is insured for professional liability by Zurich Insurance Dir. Milan, policy no. 20CB0209 with a ceiling of EUR 5,000,000.00. The Firm undertakes to renew the policy every year, and may replace it with another policy with the same ceiling. The User accepts that, in the event of any liability of the Firm and/or the Qualified Professional in his/her regard for any damage or claim deriving or resulting from, or in any way related to, the activity covered by the Service or the Website, the Firm’s liability is limited to the amount paid for the purchase of the Service and, in any case, the amount that will be paid by the aforementioned policy.

ART. 28 – Validity of the general conditions of sale

The Firm reserves the right to unilaterally amend, update or supplement these Conditions at any time. Any changes will come into effect as from their publication in the “General Conditions” section of the Website.

If necessary, we will inform all registered Users of the change via email. In any case, the Conditions applicable to purchases made by the User will remain those in force on the date the Order is sent by the User.

Should one or more clauses of these Conditions prove to be invalid, the rest of the Conditions shall remain in force.

Last update: 3/9/2023