Last updated: January 4, 2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://bonamark.com/ website (the "Service") operated by
(1) BONAMARK IP POLAND Sp. z o.o., NIP 5213907347, with the registered address: ul. Postepu 15, 7th floor, 02-676 Warszawa, Poland
(2) Markingly, Inc. 651 N Broad St Suite 201, Middletown, Delaware U.S.A, 19709
The following definitions apply:
“Bonamark”, “Bonamark.com” – Bonamark Limited a Limited company registered in the UK or BONAMARK IP POLAND Sp. z o.o. registered in Poland.
“Site” – all the information and content available online on the online address http://bonamark.com/
“User” – any visitor of the website who is able to order Bonamark’s services for himself or for the third party
“Attorney” – an independent patent or trademark attorney, providing his services to Bonamark, as a part of the legal network of Bonamark.
“Service” – any service offered by Bonamark, which has to be prepaid by the User.
“Price”, “fee”, “cost” – the amount in US dollars, which is to be paid for the services.
“Countries” – any country where Bonamark offers its services
“Territory” – any territorial organizations where Bonamark offers its services
“Trademark office” – any government agency that has official permission to register trademarks.
Bonamark Limited is not a law firm and does not offer any type of legal advice, thus, no client-attorney relationship is created between Bonamark and the User. Bonamark may offer consulting services in the field of Intellectual property. By ordering the services the User accepts that all the communication between any local Attorney and the User must be done through the site or Bonamark.com. The user accepts that any ordered legal service will be performed by a local Attorney of Bonamark.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By entering your email address on our website, you agree to receive emails from us.
Any update or any email, which must be sent to the User, will be sent to the email address of the User’s account. User must ensure that the address is correct and that the User receives emails from Bonamark.com
Links To Other Web Sites Our Service may contain links to third-party websites or services that are not owned or controlled by Bonamark.com. Bonamark.com has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Bonamark.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Please note that the listed prices do not include VAT. All services must be paid upfront.
International Extensive Study (or Trademark Research, extensive study). Extensive Studies are prepared within 5 business days.
This service is a search conducted by Bonamark personnel or by Bonamark's partner attorney or his personnel for a trademark offered by the User for an ordered country (territory) and only in the requested class (classes). The search may be conducted for a wordmark OR a logotype OR a logotype and a wordmark. The service aims to determine the probability of successful registration of the proposed trademark. To determine the probability, a search for identical or similar trademarks will be performed to determine if any similar or identical trademarks were filed or registered under the studied class in the studied country. The ordered trademark will be studied if it complies with local requirements (if it is not descriptive, generic, or deceptive). Searches will be prepared by using official online databases of the local Trademark Office or any official intergovernmental organizations and/or any private databases or websites for searching of trademarks. By ordering the study, the User confirms that was informed that some online databases are not updated daily or weekly. Thus, Bonamark studies only results available on the day of preparing the study. Trademark professionals prepare the trademark studies and Bonamark strives to determine all the possible obstacles for successful registration. However, it is possible, though unlikely, that the prepared study may not determine all the possible grounds for refusal. The probability of success is based on the experience of our partner attorneys or specialists. However, we cannot guarantee the studied trademark will be registered by the Trademark Office. By performing the study Bonamark does not guarantee that the use of the trademark does not infringe anyone's rights or that the trademark will not receive any objections or oppositions during the registration.
Expedited International Extensive Study. A user may request an expedited International Trademark Search within 24 hours of payment. The request for an expedited international trademark search can be submitted any business day except Friday. Such a service is available for a surcharge of 75% of the price of a regular International Trademark Search. The service is not available for searches in China and Hong Kong. If the deadline of 24 hours is not met the surcharge is returned to the User.
Free Trademark Availability Report. The Availability Report is a quick, preliminary search to determine the likelihood of trademark availability for registration. This search is carried out by a legal team utilizing AI tools to provide rapid results. It's a fast search, offering results swiftly. To give a preliminary insight into the availability of your desired trademark.It is less accurate than an International Extensive Study. The report will list several trademarks that are similar to the one you're interested in and give a preliminary probability of successful registration. The Report is available upon request to anyone with a verified email address. The User orders the report by providing products/services associated with the trademark, the name of the trademark and the country of interest.
International Trademark Registration Request (trademark filing, trademark registration, trademark request, etc.).
The service for preparing and filing a trademark application according to instructions received from the user in the ordered country (territory) or countries (territories) in the ordered class or classes for the ordered trademark or trademarks. User understands that Bonamark does not guarantee that the trademark will be accepted or registered after ordering the service. Bonamark guarantees that the trademark will be filed before the Trademark Office of the ordered country (territory) according to the received instructions.
The service includes:
Preparation of the application according to the instructions received from the User
Filing the application in the ordered country (territory) or countries (territories) in the ordered class or classes before the local Trademark Office
Payment of the official fees in the country (territory) or countries (territories).
The service does not include any publication fees or registration fees, if the contrary is not stated on the website Bonamark.com Providing the User with a scanned copy of the official filing notice or with any other document, which proves the fact of the filing. Informing the User of any changes in the status of the trademark during the process. The service does not include:
- Any search for previously filed or registered trademarks. These services are to be paid separately.
- Analysis of the trademark in order to determine if it complies with any local requirements.
- Revising of the description of the trademark in order to determine if it corresponds to the chosen class. Any responses to oppositions, objections (a.k.a office actions, refusals, etc.), cancellation actions. These services are to be paid separately.
- Any changes of the owner, address, description, or of any other details of the trademark. These services are to be paid separately.
- Payment of final registration fees, if the contrary is not stated on the website Bonamark.com. These services are to be paid separately.
- Payment of publication fees, if the contrary is not stated on the website Bonamark.com. These services are to be paid separately.
- If the user does not ask to review the description, Bonamark’s personnel will not review the description.
- If the user does not ask to check the Power of Attorney, Bonamark’s personnel will not review the description.
- If the Bonamark’s personnel reviews the description or performs a preliminary search or verifies the Power of Attorney before processing the order without any client's (user's) requests, this must be treated as exclusions, which do not change the general Terms and Conditions.
Trademarks are filed within 7 business days upon receiving the corresponding complete payment and all the required documents and details. We might request additional verification of the client (user), the required documents must be submitted within 2 business days. Filing reports (official confirmation) will be issued and forwarded within 14 business days.
International Trademark Watch
The service is a trademark ordered by the User, for a class or classes ordered by the User and only for a country or countries ordered by the User. The trademark watch includes sending information of published similar or identical trademarks, in the class or classes ordered by the User. The trademark watch service is for one year starting from the date of payment. The service does not include presenting any opposition or objections, investigating, or contacting the owner (s) of the cited trademark (s). The service is for a specific country, region, or worldwide.
Other services Conditions of providing any other services offered by Bonamark will be determined by this Terms and Conditions. Bonamark does not guarantee the success of any of the services, however, may provide an estimate of the success in the case of responses to oppositions/objections.
After receiving the corresponding payment, Trademark Watch will be activated within 2 business days.
Responses to objection and/or oppositions
Attorneys and/or trademark agents and/or trademark solicitors will respond to objections and/or opposition on behalf of the Client (user). The total price of preparing a response will be provided to the Client (user) beforehand. Bonamark guarantees that a response to an objection will be submitted timely if the corresponding instructions, along with the corresponding payment, are received at least seven days before a deadline.
For any instructions received within a period starting from 7 days before a deadline and ending two days before a deadline, a 30% express processing surcharge will also be requested. Bonamark cannot guarantee that the response will be submitted before the deadline, but it will do everything possible to submit the response before the deadline. If the response is not submitted before the deadline, the price of the response not including the express processing surcharge will be returned to the user.
Any instructions received later than 2 days before a deadline will be subject of a 50% surcharge. Bonamark cannot guarantee that the response will be submitted before the deadline, but will do everything possible to submit the response before the deadline. If the response is not submitted before the deadline, the price of the response, not including the express processing surcharge, will be returned to the user.
The surcharges will only apply to the cases when a user was notified of the objection/opposition at least 21 days before the deadline.
All fees must be paid upfront. We accept bank transfers and payments by card. In this case, if the names of the cardholder and the trademark owner do not match, we might put the process on hold and request additional documents to confirm the identity of the cardholder and his consent to pay our fees. If the client does not provide us with acceptable documents within 2 business days upon receiving such a request, the payment will be refunded. The client (user) will be allowed to pay by another card or by transfer to our bank account.
In the case, if the payment was completed by card and then the cardholder has initiated a chargeback of the amount paid, this will break our Terms and Conditions and the trademark will be immediately canceled (the application will be withdrawn) or, if the cancellation is impossible, might be transferred to our trustee. The trademark will be transferred back to the client if the client pays the corresponding fees and compensates for any expenses entailed by the chargeback.
All amounts lost due to bank errors are considered to be unpaid.
A complete refund can be requested for the services non-processed due to pending documentation or information from the user within 90 days from the date of the payment. Refunds are made for the full amount of the payment after the deduction of the transfer costs of Bonamark. Bonamark may refund the payment only for non-processed services unless the order is eligible for our Money-Back Guarantee. Once the service is being processed (all the required documents and information are received), no refunds are available. Bonamark offers no refund for correctly processed services. We have the right to keep a portion of the paid fee to cover the cost of any completed services, such as preparing a power of attorney, translating the list of goods and services, verification of goods or services, preparing a deed of assignment, etc.
If you wish to request a refund, please send an email to [email protected]. your request will be processed within 5 business days. Bonamark will refund your purchase via the payment method you used.
Our Studies are so accurate that we offer you a 100% money-back of the legal fees if your trademark is objected to due to a likelihood of confusion with any other trademark. Conditions apply, to get our 100% money-back guarantee you must:
- Order our Extensive Study in an eligible country;
- Get the probability of registration of more than 70%;
- File your trademark with us within 15 days after the date of the study, exactly as it was studied in the country in which it was studied.
We will completely refund the legal fees less any bank fees for the filing of the studied trademark if 1. there is an objection due to a likelihood of confusion 2. the date of filing of the conflicting trademark is before the date of our study for this mark 3. the objection is issued by the official examiner against the studied trademark; the official fees will not be refunded. The refund will be transferred to the client according to the payment method used by the client to order our services.
The client shall contact Bonamark to the email [email protected] within 15 days after the sending date of an email or a notification informing of the objection in order to claim his Money-Back. Our Money-Back guarantee voids if the client did not claim the Refund within the period (15 days after the sending date of the email or a notification informing of the objection): no refunds are available if the client did not contact within the period.
All the countries where we offer our services except the USA, China, Kenya, Algeria, Angola, Congo, Ethiopia, Ghana, Libya, Mozambique, Nigeria, Sudan, Tunisia, Zimbabwe, and ARIPO.
The studied trademark, in this case, is a trademark that was studied by our attorneys or our legal team. To be eligible for our 100% money-back, the type of the mark, the classes, and the trademark itself must remain unchanged at the moment of filing and during the filing process. If the trademark is filed in several classes and the objection is issued in one class, only the fees for the first class will be refunded, if filed in several classes and the mark is objected in some of them, the legal fees will be refunded for filings in the objected classes.
In the cases, where is an objection due to reasons other than the likelihood of confusion, no refund is offered.
Our Extensive Studies contain the probability of registration, which can be as follows:
- Less than 20% - the probability of registration is extremely low. We do not recommend filing.
- Less than 40% - the probability of registration is low, we do not recommend filing.
- Less than 50% - the probability of registration is rather low, however, it can be increased. Nonetheless, we do not recommend filing the trademark as is.
- More than 50% - the probability of registration is average, the trademark can be registered, however, there are obstacles which can prevent the trademark from registering. We recommend filing.
- More than 70% - the probability of registration is high, we recommend filing and offer our 100% money-back guarantee
- More than 90% - the probability of registration is very high, we offer our 100% money-back guarantee. We recommend filing.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. User agrees that Bonamark has the right to restrict anyone’s access to the website and deny service to any User for any reason without prior notice. Bonamark has the right to stop providing any of its Service for any period of time without prior notice. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.
THE USER HEREBY EXPRESSLY AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, BONAMARK AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM 1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE AND/OR WEBSITE; 2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; 3. ANY CONTENT OBTAINED FROM THE SERVICE; AND 4. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event shall either party be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.
You agree to defend, indemnify and hold harmless Bonamark and its employees, partners, attorneys and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Limitation of liability
Bonamark and its personnel, directors, owners, attorneys, and employees do not hold any responsibility for any damage or loss or property damage, arising from these Terms or Services and any violation by the User of any law, rules or regulations, connected with the use of or inability to use Bonamark.com, the site and the services, except the cases if else is stated in the Laws of the UK. The non-prevailing party in any dispute under this agreement shall pay all costs and expenses, including expert witness fees and attorneys' fees, incurred by the prevailing party in resolving such dispute.
If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.
Bonamark reserves the right to use the logos or trademarks of the User on its website bonamark.com (in the section "Our clients" anywhere on the website) or/and on its accounts on social networks, including, but not limited to, Facebook, Twitter and Instagram with the wording "Our clients". Bonamark may remove the trademarks upon receiving the request of the user(s).
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
By using Bonamark services or site, you acknowledge that you have read and agreed to the Terms and are bound by them. If you do not agree to the terms, please immediately stop using the services and the website.
If you have any questions about these Terms, please contact us.