Terms and Conditions ("Terms")

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://bonamark.com/ website (the “Service”) operated by

(1) TWOIMS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP 5253003770, with the registered address: UL. TADEUSZA CZACKIEGO 15/17, Warszawa, 00-043, Poland;

and/or

(2) Markingly, Inc. with the registered address: 651 N Broad St Suite 201, Middletown, Delaware U.S.A, 19709, USA;

You must be able to form a binding contract to order the services offered through Bonamark.com. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to comply with these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please discontinue using the Service. These Terms and Conditions apply to any services offered or provided through the website Bonamark.com.

Definitions

The following definitions apply:

“Terms” – the following terms and conditions together with our “Privacy Policy”

“Bonamark” or “Bonamark.com”  means:

(1) TWOIMS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, NIP 5253003770, with the registered address: UL. TADEUSZA CZACKIEGO 15/17, Warszawa, 00-043, Poland;

and/or

(2) Markingly, Inc. with the registered address: 651 N Broad St Suite 201, Middletown, Delaware U.S.A, 19709, USA;

“Site” – all the information and content available online on the online address https://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 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.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Please note that we identify your account by your email address. Failure to provide accurate information 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.

Communication

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. Bonamark identifies the User by the email address provided by the User when accessing our services and to which the invoice for the ordered services was sent. The User must ensure that this email address remains active and functional throughout the entire period of service conduction and further trademark maintenance. The User is solely responsible for configuring their spam filters to ensure that all emails from the bonamark.com domain are whitelisted, and should set up auto-confirmation of email receipt where applicable. The User must protect this email address from unauthorized access as Bonamark will treat any communication from the User’s email address as authorized and genuine. Any information or notification sent by Bonamark to the User’s registered email address shall be deemed properly and legally sent, delivered, and received by the User without any exceptions.

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.

Services

Please note that the listed prices do not include VAT. All services must be paid upfront.

Risk Assessment (Trademark Research/Search, Study). Risk Assessment is prepared within 5 business days.

This service is a study 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 study 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 purpose of analyzing the ordered trademark is to determine whether it complies with local requirements (specifically, ensuring 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 Risk Assessment. A User may request an expedited Risk Assessment within 24 hours of payment. The request for an expedited Risk Assessment  can be submitted any business day except Friday. Such a service is available for a surcharge of 75% of the price of a regular Risk Assessment. 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 Search. The Free Search is intended to provide preliminary information on the existence of similar trademarks, whether potential registration risks may exist, whether a full Risk Assessment is advisable, and whether the trademark appears to be descriptive. The Free Search is limited in scope and does not provide a complete legal assessment of registrability or all potential risks. The Free Search is provided for informational purposes only. This search is carried out by a legal team utilizing AI tools to provide rapid results. 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. Users understand 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 filing fees in the country (territory) or countries (territories);

– providing the User with a scanned copy of the official filing notice or any other document proving the fact of the filing;

– informing the User of any changes in the status of the trademark during the filing process.

The Service DOES NOT include (unless explicitly stated otherwise on the Bonamark.com website):

• 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 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 Power of Attorney.

 

All services and fees listed above are subject to separate charges and must be paid for independently.

 

Exclusions and Discretionary Actions: If Bonamark’s personnel reviews the trademark description, performs a preliminary search, or verifies the Power of Attorney without an explicit request from the User, such actions shall be treated as a one-time discretionary courtesy (exclusions) and shall not alter, waive, or amend these 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 Objections, Oppositions, and Other Maintenance Services 

Attorneys and/or trademark agents and/or trademark solicitors will respond to objections and/or oppositions, pay final registration fees, file Declarations of Use (e.g., Section 8 & 15 for the U.S.), process renewals, assignments, and handle other trademark maintenance services on behalf of the Client (User). The total price of preparing a response will be provided to the Client (User) beforehand. Bonamark guarantees that the relevant response, document, or payment will be submitted to the patent office timely if the corresponding instructions, along with the full payment, are received at least seven (7) days before the official deadline.

Urgent Instructions and Surcharges:

For any instructions received within a period starting from 7 days before a deadline and ending 2 days before a deadline, 100$ express processing surcharge will apply. Bonamark cannot guarantee that the submission will be completed before the deadline but will make every reasonable effort to do so. If the submission is not completed before the deadline due to Bonamark’s fault, the base price of the service (excluding official third-party fees and costs for work already performed) will be refunded to the User, provided that the User has fulfilled all cooperation obligations in due time. 

The surcharges will only apply to the cases when a User was notified by Bonamark of the objection/opposition or maintenance deadline at least 14 days before the deadline.

Payments

All fees must be paid upfront. We accept bank transfers and payments by card. By submitting a payment, the User confirms that they are authorized to use the selected payment method and that all payment information provided is accurate. 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 Сlient does not provide us with acceptable documents within 2 business days upon receiving such a request, the payment will be refunded. The Сlient (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 an unjustified 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. 

Refunds

At Bonamark, we strive to ensure client satisfaction with our trademark services. Below are the rules governing refunds:

1. 90-Day Refund Rule:

• Clients may request a refund within 90 days from the date of payment. Refunds are subject to the conditions outlined below.

2. Refund Eligibility:

• Refunds can only be issued for services or specific phases of services that have not been provided.
• If a service has been partially completed, the cost of the partially provided service will not be refunded. Only the remaining, unprovided services will be eligible for a refund.

3. Partial Service Refunds:

If a portion of the services has been completed, the following refund schedule applies:

3.1 Trademark Filing Services

• Risk Assessment : Non-refundable once completed (US$69 per mark per class).
• Pre-filing consultation (15% of the legal fee): Non-refundable after completion.
• Goods and services list preparation (15% of the legal fee): Non-refundable once the draft list is prepared.
• Power of attorney draft or specimen of use preparation and validation (10% of the legal fee): Non-refundable once drafted.
• Filing instructions preparation (30% of the legal fee): Non-refundable once instructions are finalized by our staff.
• Post-filing support (30% of the legal fee): Non-refundable after filing.

3.2 Other services

• Trademark Assignment: The legal fee is non-refundable once an assignment deed is drafted and sent to the client for signing.
• Submitting a Declaration of Use (DOU): 50% of the legal fee is non-refundable after a specimen of use is prepared.
• Responding to Objections/Office Actions: 50% of the legal fee is non-refundable after the response is drafted and sent to the client for review or signing.
• Opposition/Cancellations/Disputes: 15% of the legal fee is non-refundable after the initial consultation. Hourly fees for our legal staff, billed at $200/hour, will be deducted from the remaining refundable amount based on the actual work performed.
• Services, not mentioned on this list: Bonamark reserves the right to keep up to 70% of the legal fee to cover the cost of any partially completed service.

4. After 90 Days:

• Refunds requested after the 90-day period will only apply to any unspent government fees, provided the services have not yet been completed, provided that the request is received within 365 calendar days from the date of payment. Legal fees in this case are completely non-refundable.
• Alternatively, clients may opt to keep an unspent amount of legal fees and unspent amount of government fees paid as credit for future services, valid for 365 days from the date of payment.

5. No Refunds for Correctly Completed Services:

Once a service has been fully and correctly completed, no refunds will be issued.

Money-Back Guarantee Policy

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. To qualify for this 100% money-back guarantee, the Client must strictly meet all of the following criteria:

1. Order our Risk Assessment in an eligible country;
2. Receive a “High” registration probability status (Low risks) in the final Study report, with absolutely no primary or secondary conflicts detected or listed by our analysts. Any mention or identification of a potentially conflicting trademark (primary or secondary conflicts) within the report immediately voids the Money-Back Guarantee;
3. File the trademark application through Bonamark within ten (10) business days from the date the Study report was issued. The trademark must be filed exactly as studied, meaning the identical trademark (word, logo, or design) with the exact same list of goods and services and in the exact same country as evaluated in the Study report. Any modification to the trademark representation or any expansion of the goods/services list voids this guarantee.

Bonamark will completely refund the legal filing fees (less any bank fees, third-party fees or payment processing fees) paid for the studied trademark if:

1. The official examiner issues an objection based solely on a likelihood of confusion with a prior trademark.
2. The filing date of the conflicting trademark is before the date of our Study, and this conflicting mark was already fully indexed, published, and publicly visible in the official national trademark registry database on the exact day the Study was conducted. Bonamark is not liable for “blind spots” caused by patent office registration backlogs or delayed database updates.
3. The objection is issued directly by the official examiner against the studied trademark (opposition actions by third parties are strictly excluded).

Official government fees are strictly non-refundable. The refund will be processed and transferred to the Client using the original payment method used to order the services.

The client shall contact Bonamark at [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 Guarantee. If the Client fails to submit a written refund claim within this 15-day window, the Money-Back Guarantee becomes completely void, and no refunds or credits will be issued under any circumstances.

Eligible countries:

All the countries where we offer our services except Kenya, Algeria, Angola, Congo, Ethiopia, Ghana, Libya, Mozambique, Nigeria, Sudan, Tunisia, Zimbabwe, and ARIPO, as well as any countries or territories where trademark databases are unreliable, materially incomplete, or not regularly updated by the relevant trademark office or authority.

Additional conditions:

To remain eligible for the 100% money-back guarantee, the type of the mark, the selected classes, and the exact representation of the trademark must remain entirely unchanged at the moment of filing and throughout the entire application process. The list of goods/services should remain substantially unchanged from the moment of the Risk Assessment to the moment of filing. Narrowing down the list of goods/services (removing items from the list) does not void the Guarantee.

If the trademark is filed in multiple classes and the official objection is issued against only some of them, the refund of legal fees will be calculated and issued proportionally only for the specific class(es) subjected to the objection. Legal fees for classes that successfully passed the examination without a likelihood of confusion objection are strictly non-refundable. No refund shall be offered if the objection or refusal is issued due to any reasons other than a likelihood of confusion (including, but not limited to, lack of distinctiveness, descriptiveness, generic terms, public policy, or bad faith).

 

The Money-Back Guarantee is only applicable if the Client chooses to abandon the application in the objected class(es) due to the cited conflict. Additionally, if the Client decides to file an official response to the objection through Bonamark and the application is still definitively rejected by the examiner due to a likelihood of confusion, the guarantee remains valid. However, if the Client ignores an objection that could be solved, or does not give instructions or make payments needed for a response, causing the patent office to automatically cancel the application, the guarantee becomes invalid.

Probabilities:

Our Risk Assessments contain the probability of registration, which can be as follows:

• High Risk. The probability of registration is low. We do not recommend filing the trademark in its current form since the application is likely to encounter significant objections or opposition that may be difficult to overcome. The registration process is expected to be prolonged, with a higher likelihood of refusal and additional costs related to responding to objections.
• Manageable Risk. The trademark can be registered. There is a manageable objection/opposition risk due to prior trademarks listed in the report. At the same time, we believe that the registration probability is sufficiently high. In case of objection from the Trademark Office or opposition from third parties, the registration process may take longer or require additional expenses.
• Low Risk. The probability of registration is high. No primary or secondary conflicts were detected. We recommend filing. The registration process is expected to follow a standard examination path without significant issues or delays.

Termination

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.

Disclaimer

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.

Indemnification

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.

Dispute Resolution Procedure and Governing Law 

The parties shall use good faith efforts to resolve any dispute, controversy, or claim arising out of or relating to these Terms through negotiations. Before initiating arbitration or court proceedings, a party must provide the other party with a written notice describing the nature of the dispute and the requested remedy. A party claiming that a dispute exists must first send the other party a written notice of dispute describing in reasonable detail:

(a) the nature and factual basis of the dispute;

(b) the relevant circumstances and supporting documents;

(c) the specific provisions of these Terms allegedly breached, if any; and

(d) the remedy or resolution requested.

The receiving party shall provide a written response within fifteen (15) business days after receipt of the notice of dispute. Such response shall include the receiving party’s position regarding the dispute and any proposed resolution.

Following the response, the parties shall engage in good faith negotiations for a period of at least ninety (90) days. During this period, the parties shall reasonably cooperate and actively attempt to resolve the dispute through discussions, exchange of relevant information, and settlement proposals. The parties acknowledge and agree that amicable resolution through negotiations is the preferred and primary method of dispute resolution under these Terms. Arbitration shall be used only as a measure of last resort where the parties are unable to reach a mutually acceptable settlement despite good faith efforts.

If the dispute is not resolved within negotiations, it shall be finally resolved by arbitration under the UNCITRAL Arbitration Rules. The arbitration shall be conducted by a single arbitrator appointed in accordance with the UNCITRAL Arbitration Rules. The arbitration may be conducted remotely by video conference, unless the arbitrator determines that in-person hearings are necessary.

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.

These Terms and any dispute arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of England and Wales, excluding conflict of law principles.

Limitation of liability

Bonamark, including its directors, owners, employees, and agents, is not liable for any damage, loss, or property damage arising from the use of our Services, except where otherwise required by law. 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.

Clients’ trademarks

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).

Changes

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.

Acknowledgment

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.

Contact Us

If you have any questions about these Terms, please contact us.