General Business Terms

of PAVIS GmbH, Starnberg ("PAVIS"), PAVIS GmbH December 2017

Joint Provisions

1 | Contractual partner, scope

1.1 The contractual partner of the customer is:

PAVIS GmbH
Gautinger Strasse 10
82319 Starnberg

1.2 The following General Business Terms shall apply to all contracts, which are concluded between PAVIS GmbH, Gautinger Straße 10, 82319 Starnberg (hereinafter "PAVIS"), and the customer regarding services of PAVIS. The specific regulations under the sections "Services for the maintenance/extension of industrial and intellectual property rights" (hereinafter "IP rights"), "Research" and "Recordal of Changes" will respectively apply as a supplement to individual services of PAVIS.

1.3 The agreements reached between PAVIS and the customer can be exclusively derived from the following General Business Terms and the written offer of PAVIS to the customer. General Business Terms of the customer shall not apply. They will not apply either if PAVIS does not explicitly object to the inclusion.

1.4 The offer for the services of PAVIS is exclusively oriented to entrepreneurs. These General Business Terms shall therefore only be valid for the customer if the customer is an entrepreneur within the meaning of Section 14 BGB [German Civil Code]. An entrepreneur is a natural person or a legal entity or a partnership with legal capacity, which acts while performing their commercial or self-employed professional activity when concluding the legal transaction.

1.5 Contractual language is German.

1.6 These General Business Terms can be displayed under http://www.pavis.de/agb/ and https://www.pavis-online.com/business_conditions.asp and stored as a PDF file. The customer is also entitled to print these out.

2 | Conclusion of contract, offer, prices

Insofar as not otherwise regulated in Subclauses 12.3 to 12.5, Subclause 13.8 and Subclause 14.6 the commissioning of PAVIS shall comprise the following step

  • The customer shall submit an enquiry for a service to PAVIS (by e-mail, fax, telephone, via the website www.pavis.de or by post, hereinafter "Enquiry").
  • PAVIS shall submit a concrete offer to the customer for the stated requested services in text form by stating the price (e-mail is sufficient). This offer can refer to the provision of individual services or the conclusion of a framework agreement.
  • The customer can accept the offer in text form (e-mail is sufficient).
  • PAVIS will send the customer a declaratory order confirmation in text form (e-mail is sufficient) after receipt of the acceptance by PAVIS.

2.2 The contract shall be concluded with the receipt of the customer’s declaration of acceptance by PAVIS. In all cases in which the customer sends an order without a previous offer to PAVIS, the contract is concluded by receipt of the order confirmation sent from PAVIS to the customer.

2.3 The offers of PAVIS on the website www.pavis.de are non-binding.

2.4 The service prices can be derived from the currently valid price lists as well as the price overview for services. All price details are net prices and are deemed plus the statutory value added tax.

2.5 If the official fees, which are to be deposited within the scope of individual services, change after conclusion of the contract, and if PAVIS gains knowledge of said changes, PAVIS will inform the customer hereof. PAVIS is entitled to adjust the service price in line with the changed official fees. Increases and reduction in the official fees will be taken into consideration equally and included in the respective current service price.

3 | Cost estimates

3.1 PAVIS reserves the right to submit cost-based cost estimates for enquiries with regard to individual services, in particular trademark management (ZM) and recordal of changes services (ZMU), instead of a free offer. This will be explicitly pointed out to the customer before creation of the cost estimate. Incidentally Subclause 2 shall apply to the commissioning of the cost-based cost estimate.

3.2 PAVIS shall charge a flat rate price for a cost estimate depending on the required work, the amount of which is derived from the respective valid price list. The remuneration for the cost estimate is to be paid by the customer irrespective of a later conclusion of a contract.

3.3 If the customer accepts the offer of PAVIS contained in the cost estimate and if a contract is subsequently concluded, the amount for the cost estimate will be deducted from the total invoice again.

4 | Terms of payment, default of payment

4.1 Invoices are due and payable within 14 days without deduction.

4.2 In case of default of payment PAVIS is entitled, irrespective of further claims, to request damages due to default in the amount of nine (9) percentage points above the respective base lending rate, without this insofar requiring the proof of occurrence of corresponding damages.

4.3 In case of default of payment of the customer PAVIS is entitled to refuse new orders. If the customer does not make any payment either following a reminder of PAVIS or if there is an objective lack of creditworthiness of the customer or if the asset circumstances of the customer deteriorate to the extent that the payment claim of PAVIS is seriously in danger (e.g. opening of insolvency proceedings or the initiation of enforcement measures) PAVIS is entitled to cancel the contract.

5 | Offsetting, retention

5.1 Customers may only offset against the payment claim of PAVIS with claims that are undisputed by PAVIS or claims against PAVIS which have been declared final and binding. This shall not apply if the customer’s claim has resulted from a property service claim that entitles to refuse service.

5.2 The customer can assert a right to refuse service or right of retention if its counter-claim is based on the same contractual relationship.

6 | Inspection obligations of the customer

6.1 The customer is responsible for communicating or handing over all necessary processing data to PAVIS correctly, clearly, entirely and in time. PAVIS is not obliged to check the received processing data for accuracy, conclusiveness (correspondence of the database format with customary data formats), lack of oppositions and clarity.

6.2 The verification of processing data can be the subject of a separate customer order after a separate agreement.

6.3 PAVIS shall depict the processing data recorded based on the details of the customer in the order confirmation. The customer has to check the order confirmation carefully for the accuracy of all listed processing data and inform PAVIS without delay if the listed processing data, no matter for what reason, is inaccurate and will make corrected data available to PAVIS.

6.4 The results and documents created by PAVIS are designed to be interpreted and used by specialists. All information supplied by PAVIS is solely intended for the customer.

7 | Proof of the provision of services

7.1 PAVIS principally does not owe the sending of original documents or original certificates. Simple electronic register excerpts or documents, which are equally of informative value, of the local partners of PAVIS are sufficient as proof of service.

7.2 If PAVIS receives original documents or other original certificates, PAVIS will forward these to the customer.

8 | Transport and transmission risk

The transport and transmission risk for shipments to be sent to PAVIS shall be borne by the customer. PAVIS shall in particular not assume any liability for missing, late or the inaccurate notification of information, which is a result of a fault of the postal and telecommunication services, Internet service providers or the transport companies, which were entrusted with the transmission of the information by the customer.

9 | Liability

9.1 PAVIS shall be liable to an unlimited extent for breaches of obligations by PAVIS or its representatives or vicarious agents, which are due to wilful intent or gross negligence. If a substantial contractual obligation - thus an obligation, whose fulfilment makes the proper execution of the contract possible at all and on the compliance with which the customer may rely as a rule - is breached due to simple negligence, the liability of PAVIS shall be limited to the damages that were foreseeable upon conclusion of the contract and which are typical for the contract. Incidentally the liability of PAVIS - also for assistants and vicarious agents - is excluded.

9.2 The liability exclusions and limitations envisaged in Subclause 9.1 shall not apply with an injury to the life, body and health as well as to maliciously undisclosed defects. The liability according to the German Product Liability Act shall remain unaffected.

9.3 PAVIS shall in particular not be liable for damages, which arise from the use of processing data of the customer, who communicated these inaccurately or not in full and/or not in time or by processing data, which after receipt of the order confirmation (control print-out) were not or not fully corrected and/or not in time by the customer. This shall not apply if the processing data were originally transmitted correctly, fully and in time by the customer.

10 | Data protection and secrecy

10.1 Information relating to the protection of personal data can be derived from the separate privacy statement of PAVIS.

10.2 The contractual partners will only use the information and documents, in particular business or operational facts, which are or were made accessible to them within the scope of their cooperation for resolving the respective assigned task and treat these as a business secret. The same shall apply to the data and knowledge produced in connection with this contract. The non-disclosure obligation shall also apply beyond the duration of the contract, as long and insofar as this information and data has not become general knowledge in any other manner or one of the contractual partner has waived his confidential treatment in writing.

11 | Other provisions

11.1 PAVIS reserves the right to change, adjust or supplement the General Business Terms at all times insofar as this does not comprise any essential regulations of the contractual relationship (in particular the type and scope, term). This is in particular necessary if loopholes in the regulations occurred after conclusion of the contract (for example due to amendments to the law, declaration of the invalidity of General Business Terms by case law). The changed General Business Terms will be announced by PAVIS to the customer in a text form (e-mail is sufficient) at least six (6) weeks before the entry comes into force. The changes shall be deemed as approved if the customer does not object hereto within six weeks in written form after receipt of the notification. PAVIS will inform the customer with the notification of the changes about the right to an objection and the consequences of the failure to file an objection.
If the customer objects within the stated deadline the previous contractual regulations will continue to apply.

11.2 German law will apply to all legal relationships between PAVIS and the customer.

11.3 The place of performance is Starnberg. If both contractual parties are merchants or legal entities then the place of jurisdiction is Munich. This shall also apply to actions in bill of exchange or cheque proceedings. PAVIS is also entitled to assert claims at any other statutory place of jurisdiction of the customer.

11.4 Should one or more provisions of these General Business Terms be or become invalid this shall have no effect on the validity of the other provisions. A substitute provision that shall correspond with or at least correspond as far as possible with the purpose of the agreement shall rather apply to replace each invalid provision, as the parties would have agreed in order to achieve the same commercial result if they had been aware of the invalidity of the provision. The same shall apply to incomplete provisions.

11.5 The General Provisions in Subclause 1 to Subclause 11 shall apply accordingly to the following services, insofar as not otherwise regulated below.

Use of the portal PAVIS Online

12 | Use of the portal www.pavis-online.com

12.1 After the first commissioning of PAVIS the customer may place orders for further services within the scope of the IP right management system ZS, the trademark management ZM and the recordal of changes services ZMU via the portal www.pavis-online.com.
12.2 For this purpose at the request of the customer in text form (by e-mail is sufficient) a portal access will be created for the customer on www.pavis-online.com. For the access to its portal the customer shall receive at least a four-digit customer number and a password. The customer must change this password when logging in the portal for the first time. PAVIS will not forward the password to third parties. The customer will keep the password secret and will not pass it onto third parties. If the customer breaches this obligation to show care and attention PAVIS is entitled to (temporarily) block the portal access.

12.3 The commissioning of PAVIS via the portal www.pavis-online.com comprises of the following steps:

  • After the customer has logged in with its individual access data on www.pavis-online.com the customer can place an order via the portal.
  • For this purpose the customer shall initially select an IP right. If the customer clicks on the "next" button the IP right and the service of PAVIS will be displayed.
  • By clicking on the "place binding order" button the customer will submit a binding offer for the conclusion of the contract

12.4 Directly after the placement of the order PAVIS will send the customer a conformation of receipt. The confirmation of receipt does not yet constitute an acceptance of PAVIS, but just confirms the receipt of the customer order.

12.5 After examination of the customer order PAVIS will send the customer an order confirmation in a text form (e-mail is sufficient) with the details of the order. The contract will be concluded with this order confirmation. PAVIS shall store the order confirmation.

12.6 If the customer has not placed any order within a successive period of six months via the portal www.pavis-online.com the access to www.pavis-online.com will be blocked. The six-month-deadline will begin to run on the day when the password is granted or after the last placement of an order via the portal www.pavis-online.com. The customer can revoke the blocking by paying an one-off usage fee in the amount of EUR 200.00. If the customer pays the usage fee and if he subsequently places an order the usage fee will be offset against the service price and if applicable credited to the customer. If the customer does not pay the usage fee within a further six months from the blocking of the access to www.pavis-online.com the portal access to www.pavis-online.com will remain blocked.

Services for the maintenance / extension of IP rights

13 | IP right management system ZS

13.1 The subject of the IP right management system ZS is the maintenance of patents, utility models and designs. PAVIS prepares the respective IP right extension and will independently submit all necessary documents itself or through local partners to the responsible bodies. In addition PAVIS shall crease a separate confirmation for each deposit of official fees, which feature the processing data that were recorded by PAVIS, and are relevant for the payment.

13.2 PAVIS shall send the deposit confirmation either in the form of an official individual receipt or in the form of a final notification of PAVIS that an official collective receipt is available (e-mail is sufficient).

13.3 The IP right management system ZS does not include the monitoring of future due dates of fees and payment dates. In particular no obligation of PAVIS can be derived from the processing of an order within the scope of the IP right management system to remind the customer of further due dates of fees and payment dates of the following years.

13.4 PAVIS will carry out necessary fee deposits in its own name directly to the respective IP Office of a country or through a local partner of PAVIS, irrespective of the receipt of the payment of the service price by the customer. A claim for reimbursement of expenses for the deposited fees that exceeds the service price shall not exist for PAVIS.

13.5 The prerequisite for the proper processing of an order is the notification of the following IP right data (processing data) by the customer:

  • Country
  • Type of IP right, e.g. patent application, patent, EP patent, design, utility model
  • Special feature of the IP right, which influences the amount of the official fee, e.g. readiness for a licence, Small-Entity-Status, number of claims
  • Official application file no.
  • Number of the granted IP right (patent number), insofar as available
  • Name of the IP right holder, as officially registered
  • Due- / Basic date, namely that date, which is decisive for the calculation of the due dates of fees owing to the respective statutory regulations, e.g. application date
  • Year of protection for which the deposit should be carried out.

13.6 The customer can make the data available to PAVIS electronically via an interface of its IP right management system. It must transmit the data in a file, which corresponds with the file format stipulated by PAVIS in the interface description (hereinafter "Transfer file"). PAVIS is not liable for damages from the set-up and the operation of the interface of the customer’s IP right management programme.

13.7 When sending a transfer file to PAVIS the customer will receive an import protocol. The customer undertakes to check the receipt and the contents of the import protocol. In case of errors and warnings the customer will correct the data and send PAVIS the corrected data with a new transfer file.

13.8 After the first commissioning of PAVIS the customer can place orders for further services within the scope of the IP right management system ZS also via transfer file via the interface. The commissioning shall comprise the following steps:

  • With the sending of the order via transfer file the customer shall place a binding offer for the conclusion of the contract.
  • After checking the customer order transfer file PAVIS will send the customer an order confirmation in a text form (e-mail is sufficient) with the details of the order. With this order confirmation the contract is concluded. PAVIS shall store the order confirmation.

13.9 An enquiry or a binding offer of the customer via PAVIS online or via transfer file must be available to PAVIS no later than two weeks before the due date of the official fees. In case of a later receipt (from 10 days before the due date of the official fees) as well as in case of enquiries or binding offers of the customer, which are received in the surcharge period (deadline after the due date, at which a deposit is still possible) by PAVIS, PAVIS is entitled if necessary to pay official surcharges and if applicable additional incurred costs at the local partners by passing on the charges to the customer. In the stated cases PAVIS is entitled to charge an additional service fee.

13.10 Placed orders can be cancelled by the customer at the following conditions:

  • In the event of a cancellation by the customer, which is carried out earlier than three weeks before the day of the due date of the annuity fees, PAVIS is entitled to charge a cancellation fee in the amount of up to EUR 7.50.
  • If the customer cancels three weeks before the day of the due date of the annuity fees or later PAVIS is entitled to charge a cancellation fee in the amount of 100% of the service price.

13.11 If fee costs for partners and/or representatives of PAVIS have been incurred, which PAVIS uses for performing the service, before the cancellation already, these fee costs are to be borne by the customer.

13.12 PAVIS is entitled to charge the cancellation fees stated in Subclause 13.10, if the customer does not prove that PAVIS did not suffer any damages at all or substantially less than the amount of the cancellation fee.

14 | Trademark management ZM

14.1 The subject of the trademark management ZM is the renewal of trademarks, including the deposit of official renewal fees for trademarks. PAVIS shall prepare the respective renewal and independently submit the necessary documents itself or through local partners to the responsible bodies.

14.2 Insofar as the requirements from the documents that are to be submitted change at short notice in the country, in which the trademark renewal is to be carried out, the customer will send updated documents to PAVIS at its corresponding request.

14.3 Insofar as not otherwise stated by PAVIS (e.g. in the event of an electronic data take-over), the prerequisite for the proper processing of an order is the notification of the following data by the customer:

  • Country
  • Trademark text
  • Classes
  • Official file no.
  • Registration number
  • Holder
  • Application date
  • If applicable priority date
  • Announcement date
  • Registration date
  • Start date
  • Due date
  • Reference
  • PAVIS number (if known)

14.4 The customer can make the data available to PAVIS electronically via an interface of its IP right management system. It must transmit the data in a transfer file, which corresponds with the format stated by PAVIS in the interface description.

14.5 When sending a transfer file to PAVIS the customer will receive an import protocol. The customer undertakes to check the receipt and the contents of the import protocol. In case of errors and warnings the customer will correct the data and send PAVIS the corrected data with a new transfer file. PAVIS is not liable for damages from the set-up and the operation of the interface of the customer’s IP right management programme.

14.6 After the first commissioning of PAVIS the customer can place orders for further services within the scope of the trademark management ZM also via transfer file via the interface. The commissioning shall comprise the following steps:

  • With the sending of the customer order transfer file the customer shall place a binding offer for the conclusion of the contract.
  • After checking the customer order PAVIS will send the customer an order confirmation in a text form (e-mail is sufficient) with the details of the order. With this order confirmation the contract is concluded. PAVIS shall store the order confirmation.

14.7 An enquiry or a binding offer of the customer via PAVIS Online or via transfer file must be available to PAVIS no later than
3 weeks before the due date of the official fees. In case of a later receipt (from 10 days before the due date) as well as in case of enquiries or binding offers of the customer, which are received in the surcharge period (deadline after the due key date, at which a deposit is still possible) by PAVIS, PAVIS is entitled to pay official surcharges if necessary and if applicable additional incurred costs at the local partners by passing on the charges to the customer. In the stated cases PAVIS is entitled to charge an additional service fee.

14.8 After sending the order confirmation PAVIS will prepare the documents that are if applicable to be submitted and send these ready to the customer for signing. PAVIS shall further inform the customer about special requirements, such as e.g. notarial certifications of documents. The customer will ensure that the requested documents have been received by PAVIS no later than 10 days before the due date of the official fees (postal stamp).

14.9 Insofar as a proof of use of the trademark is necessary for the maintenance/renewal of a trademark, the customer shall be responsible for its monitoring and its proof. The customer will send corresponding proof to PAVIS upon request.

14.10 Special services, e.g. changes to the address of the holder, changes to the name of the holder, translation of the list of goods/ services, re-classification of the goods/ services, etc. will be charged separately.

14.11 Necessary fee deposits will be carried out by PAVIS in its own name directly to the respective office of a country or through a local partner of PAVIS, irrespective of the receipt of the payment of the service prices by the customer. PAVIS shall not be entitled to a claim for reimbursement of expenses exceeding the service price for the deposited fees.

14.12 At the customer’s request, after a separate coordination and additional written agreement between the parties by stating the necessary data, local representatives, named by the customer, can also carry out the country-specific orders. Additional costs which may be caused hereby shall be borne by the customer.

14.13 Placed orders can be cancelled by the customer at the following conditions.

  • In the event of a cancellation by the customer, which is carried out earlier than six weeks before the day of the due date of the renewal fees, PAVIS is entitled to charge a cancellation fee in the amount of up to EUR 14.00.
  • If the customer cancels six weeks before the day of the due date of the renewal fees or later PAVIS is entitled to charge a cancellation fee in the amount of 100% of the service price.

14.14 If fee costs have been incurred for partners and/or representatives of PAVIS, which PAVIS uses for performing the service, before the cancellation already, these fee costs are to be borne by the customer.

14.15 PAVIS is entitled to charge the cancellation fees stated in Subclause 14.13, if the customer does not prove that PAVIS did not suffer any damages at all or substantially less than the amount of the cancellation fee.

15 | IP right management in Alicante ZMA

15.1 The subject of the IP right management ZMA is the management of IP rights towards the Office of the European Union for Intellectual Property (EUIPO), including the deposit of official fees, in Alicante. PAVIS shall prepare the respective measure for which an application is made and independently submit the necessary documents itself or through a local partner to the responsible bodies.

15.2 The prerequisite for the proper processing of an order is the notification of the following data by the customer:

  • Type of fee, e.g. registration fee
  • Type of IP right (trademark or model)
  • Designation of the IP right, e.g. trademark text
  • Official file no.
  • Day of submission
  • Applicant or holder
  • Representative
  • Classes
  • Amount of the fee
  • Reference

In case of opposition fees:

  • Opposition fee
  • Designation of the IP right, e.g. trademark text
  • Official file no.
  • Publication date
  • Applicant
  • Opposition trademark
  • Opponent
  • Representative
  • Reference

15.3 PAVIS will carry out necessary fee deposits in its own name directly to the respective office of a country or through a local partner of PAVIS irrespective of the receipt of the payment of the service prices by the customer. PAVIS shall not be entitled to a claim for reimbursement of expenses for the deposited fees that goes beyond the service price. In case of orders, which are available no later than by 11 am (CET) on a bank working day (Monday to Friday, with the exception of statutory public holidays in Bavaria) before the day of the due date of the fees, PAVIS guarantees their processing on the day of the due date of the fees still as an express payment liable to costs. PAVIS will carry out fee deposits in its own name directly to the EUIPO, irrespectively of the receipt of the payment of the service prices by the customer.

15.4 Placed orders can be cancelled by the customer at the following conditions. PAVIS will inform the customer of the expected payment date.

  • In the event of a cancellation by the customer, which is carried out earlier than three weeks before the day of the due date of the renewal fees, PAVIS is entitled to charge a cancellation fee in the amount of up to EUR 14.00.
  • If the customer cancels three weeks before the day of the due date of the renewal fees or later PAVIS is entitled to charge a cancellation fee in the amount of 100% of the service price.

15.5 PAVIS is entitled to charge the cancellation fees stated in Sub clause 15.4 if the customer does not prove that PAVIS did not suffer any damages at all or substantially less than in the amount of the cancellation fee.

16 | Fee monitoring system GS

16.1 The subject of the fee monitoring system GS is the monitoring of the due date of official renewal fees for IP rights by producing a set of forms for each due date, which the customer of PAVIS can use towards its customer for processing the renewal. The set of forms will be created once a month with an advance time period that is to be determined by the customer for the respective due date for the fees. A list of all created sets of forms will be supplied with the sets of forms. With a separate agreement the expiry of a one-year priority deadline and a seven-year examination request period can additionally be monitored.

16.2 The fee monitoring system GS does not include acts towards the patent and trademark authorities in order to maintain the IP rights, in particular not the deposit of maintenance fees. The special fee deposit systems of PAVIS are available for the deposit of maintenance fees.

16.3 PAVIS will operate owing to an order that is to be placed separately for each IP right.

16.4 Enquiries for monitoring orders must be available to PAVIS by no later than on the 10th of the month before the month, in which the first set of forms is to be created. The same shall apply to changes to the order.

16.5 The customer can terminate the monitoring order at all times with a period of notice of one month as of the 10th day of the current month.

16.6 In case of enquiries for monitoring orders the customer will take over the IP right data and the details on the sets of forms that are to be printed out according to Subclause 16.8. PAVIS will issue the order confirmation in the form of a control print-out, which contains the aforementioned processing data to the extent as they were recorded in the data stocks kept by PAVIS.

16.7 The prerequisite for the execution of monitoring orders by PAVIS is the instruction of the customer in the fee monitoring system GS by PAVIS. The instruction will be given after the sending of the order confirmation.

16.8 The sets of forms are created with the processing data, which are contained in the data stocks kept by PAVIS. The customer must principally enter the following data:

  • Type of IP right
  • Advance time for the reminder
  • IP right country
  • Application file no.
  • Order duration
  • Client’s address
  • Reference
  • Title of the IP right
  • Surcharge mark-up

16.9 The created sets of forms state the service prices for the majority of the countries. The respective underlying costs are based on regular determination; however PAVIS does not assume any warranty for their accuracy.

Research

17 | Patent research

17.1 Determination of legal status patents RS 1

17.1.1 The subject of the determination of the legal status is the examination of a patent or utility model document in the database INPADOC or a comparable database. At the choice of the customer the following services can be provided by PAVIS:

  • Continuous monitoring of the legal status after each change published in the database. The query in the database is carried out every three to four weeks.
  • Quarterly register query: Procurement of a current register excerpt (if applicable on 15.02., 15.05., 15.08. and 15.11. of each year).
  • One-off notification of the current legal status.

17.1.2 If a continuous monitoring of the legal status is agreed for other than DE or EP patents or patent applications there can be a larger time interval between the publication and the report.

17.1.3 If the customer does not request that the monitoring be set up immediately it will inform the time, at which the monitoring of the legal status should begin. Otherwise the monitoring will be set up as of the next possible date. In its enquiry the customer will state the patent or application number and stipulate which of the researches is requested according to Subclause 18.1.1. The same shall apply accordingly with a change or a termination of the order. The customer will be informed of the start of the monitoring with the first current register excerpt.

17.2 Retrospective patent research RS 2

17.2.1 The subject of the retrospective patent research is the research of patent and utility model documents according to applicants, holders, inventors, IPC units and key words in patent databases.

17.2.2 The customer will coordinate the search terms with PAVIS, for which the research is to be carried out. In addition the customer can stipulate requested restrictions with regard to one or more of the aforementioned search criteria. They key words are to be entered in German or English.

17.2.3 The customer shall receive the results of the research from PAVIS with a file no., title, bibliography and – if available – a summary or the main claim. The search profile of the database query is also supplied.

17.3 Patent monitoring according to IPC profile RS 3

17.3.1 The subject of the patent monitoring according to the IPC profile is the continuous monitoring of patent and utility model documents from a subject area defined with IPC units and/or applicant names.

17.3.2 The customer will designate the IPC units in its enquiry or give a description according to applicant names, for which the monitoring is to be carried out.

17.3.3 PAVIS will supply the customer the bibliographical data including file no., title and – if available – main claim, summary and main drawing from the subject area defined by the customer which the order covers.

17.4 Patent family-research RS 4

17.4.1 The subject of the patent family-research is the determination of domestic and foreign family members relating to a patent or utility model document. Family members within this meaning are all published IP rights, which are connected with one another by a priority.

17.4.2 For the execution of the research the customer will state with regard to a family member, for which country and under which publication number the relevant IP right is registered.

18 | Trademark research

18.1 Status determination of trademarks MS 1

18.1.1 The subject of the status determination is the procurement of a current excerpt from the trademark register or the databases accessible to the public, which list trademarks.

18.1.2 The customer states the trademarks in its enquiry, for which the status determination is to be carried out.

18.2 Retrospective trademark research MS 2

18.2.1 The subject of the retrospective trademark research is the research of trademarks according to certain search and assessment criteria in trademark registers or trademark databases. At the choice of the customer the following research can be provided by PAVIS:

  • Identity research of the German scope of protection: PAVIS researches for identical trademarks that are protected in Germany, i.e. national trademarks, IR trademarks, which are protected in Germany and Union trademarks.
  • Research for similarity in the German scope of protection: PAVIS conducts a search for the sequence of letters, prefix, suffix and infix by;
  • Holder research in the German scope of protection: PAVIS researches the trademarks of a certain holder. The stated research is also conducted for foreign national scopes of protection.

18.2.2 The customer states in its enquiry, for which trademarks and classes which type of research is to be conducted according to Subclause 18.2.1.

18.2.3 Trademarks, which are also protected without a registration owing to reputation in the trade, popularity or fame, cannot be researched.

18.2.4 The customer will receive the results of the research from PAVIS with the file no., bibliography, diagram (if available) and the search strategy of the database query.

18.3 Trademark monitoring MS 3

The subject of the trademark monitoring is the continuous monitoring of publications of trademark applications and trademark registrations in the classes and registers stated by the customer in its enquiry with regard to conflicts with the trademark stipulated by the customer.

19 | Registered design -/design research

19.1 Excerpt from the Design-Register DS 1

The subject of service is the procurement of a current excerpt from the German Design-Register.

19.2 Retrospective registered design /design research DS 2

19.2.1 The subject of the retrospective registered design/design research is the research of registered designs or designs according to certain search criteria.

19.2.2 At the choice of the customer the following research can be provided by PAVIS:

  • Subject matter research: The research covers models with a similar form. The customer states in its enquiry, which model is to be examined. Only one model or design is published in the registered design or design sheet and also only this is determined during the research. The number of models submitted in total can be seen from the hit copy. A separate order can be placed with PAVIS for the procurement of all models or designs from the file and is not the object of the subject matter research.
  • Applicant research: PAVIS researches the registered designs or designs of a certain applicant. The customer states in its enquiry, whose models or designs are to be checked.

19.3 Registered design/design monitoring DS 3

19.3.1 The subject of the registered design or design monitoring is the continuous monitoring of registered design or design publications in the objects, classes or applicants stated by the customer in its enquiry.

19.3.2 The criteria defined for subject matter research in Subclause 19.2.2 shall apply accordingly.

20 | Joint provisions for all research and monitoring

20.1 PAVIS does not assume any warranty for the accuracy or completeness of the details contains in the research sources.

20.2 The customer will make the necessary information available to PAVIS in order to be able to carry out the order. Necessary information is the IPC units, key words, names, models and designations to be checked as well as the countries and registers that are to be checked.

20.3 PAVIS will only supply the customer the researched published data. An evaluation of the data is not the subject of the research.

20.4 A current list of the countries and registers, for which PAVIS offers the various researches, can be requested from PAVIS.

20.5 PAVIS undertakes to maintain secrecy concerning the topics and developments, which have become known by the order or are submitted for research and neither to use these directly, nor indirectly itself or make these accessible for use.

Recordal of Changes

21 | Recordal of Changes ZMU

21.1 The subject of recordal of changes is the coordination of transfers of IP rights through single or various steps (as assignment, merger, change of name, etc.) through the national IP Offices.

21.2 The customer will send a list of IP rights to PAVIS with the enquiry for a change of recordal service. The customer will primarily use the PAVIS sample Excel file for this purpose. If the order is placed via www.pavis-online.com, the customer will enter its data in the PAVIS Online Portal provided for this purpose. The customer will state for which countries and for which types of IP rights and which type of recordal of change single or various steps is to be carried out.

21.3 An offer for recordal of changes services of PAVIS within the meaning of Subclause 2 is valid for four (4) weeks from the creation.

21.4 The inclusion of additional IP rights in the customer order for which an application is filed is only possible until the receipt of the acceptance of the offer by the customer by PAVIS. After receipt of the order confirmation the commissioning of recordal of changes services for further IP rights will represent a new enquiry of the customer.

21.5 Insofar as not otherwise stated by PAVIS the prerequisite for the proper processing of an order for a recordal of changes service is the provision of the following data by the customer:

  • Type of IP right, quantity and form by stating the application date and numbers as well as the registration data and numbers
  • Name/title of the current and the new IP right holder
  • Country details according to the ISO - Country Codes
  • Clear determination of the recordal of changes step(s) which is (are) to be carried out (assignment, change of address, change of name, merger) by the customer based on proof (excerpt of register of companies, contracts, etc.).

21.6 Insofar as necessary for the execution of the order, PAVIS will submit the necessary documents available to the customer after sending the order confirmation and inform about the drawing up of the documents, if applicable also according to specific national features.

21.7 Insofar as the requirements from the documents that are to be submitted change at short notice after returning the documents to PAVIS in the country of the recordal of changes order the customer will send updated documents to PAVIS at the corresponding request.

21.8 PAVIS is entitled in the following cases to cancel the order liable to payment of costs:

  • if the order cannot be executed due to inaccurate, unverified details of the customer PAVIS will charge a cancellation fee in the amount of 30% of the service price
  •  if requested notarized documents are not returned to PAVIS within six (6) months from the date of request by PAVIS, PAVIS will charge a cancellation fee in the amount of 50% of the service price
  • if certified, legalized documents are not returned, which PAVIS requests from the customer, within twelve (12) months to PAVIS since the date of the request by PAVIS at the customer, PAVIS will charge a cancellation fee in the amount of 50% of the service price.

21.9 Decisive for the charging of cancellation fees in case of cancellation by the customer is the respective processing status of the order:

  • For cancellations of the customer after the sending of the order confirmation by PAVIS and before the sending of the documents that are necessary for the recordal of changes to the customer PAVIS will charge a cancellation fee in the amount of 50% of the service price.
  • For cancellations of the customer after the sending of the order confirmation by PAVIS and after the sending of the documents that are necessary for the recordal of changes to the customer PAVIS will charge a cancellation fee in the amount of 100% of the service price.

21.10 Insofar as before a cancellation (by PAVIS or by the customer) fee costs have already been incurred for partners and/or representatives of PAVIS, which PAVIS uses for the execution of the service, these fee costs are to be borne by the customer.

21.11 PAVIS is entitled to charge the cancellation fees stated in Subclauses 21.8 and 21.9, insofar as the customer does not prove that PAVIS did not suffer any damages at all or substantially lower damages than in the amount of the cancellation fees.

21.12 PAVIS is principally entitled, after six months beginning from the filing of the application for the recordal of changes, to issue a final settlement for the total order or only individual parts of the order towards the customer.

21.13 PAVIS will carry out fee deposits in its own name directly to the respective office of a country or through a local partner of PAVIS irrespective of the receipt of the payment of the service price by the customer.

21.14 At the customer’s request, after a separate coordination and an additional written agreement between the parties by stating the necessary data, agents of records, named by the customer, can also carry out the country-specific recordal of changes orders. Possible additional costs caused hereby shall be borne by the customer.

Interested? Any questions?