Online Trademark Services

Article 1 (Definitions)

It should be noted that the definitions of terms used in this terms are as follows.

1. ”This service” means a generic term for services constituted of “Cotobox” and other services managed by cotobox, Inc. (hereinafter referred to “we”).
2. “Charge-free service” means a service which is available at no charge among this service.
3. “Charged service” means a service other than charge-free service.
4. “This system” means a generic term for our system that we may use for providing this service.
5. “User” means a person who use this service by any method.
6. “Registered Expert” means an expert such as attorney or lawyer with concluding a separate contract with us.

Article 2 (About this terms)

1. This terms has a purpose of establishing contractual rights and obligations involving us and customers regarding provision conditions and use for this service, and it applies to all relationships regarding this service between users and us.
2. Users are deemed to accept all the content described in this terms, by using this service in any method.
3. We can change this terms without users’ consent by notifying to users in a manner as we may think fit.
4. A rule regarding the use of this service on a website launched for this service forms part of this terms regardless of the rule’s name.
5. In cases in which the content of this terms contradicts or conflicts with an explanation etc. for this service in rules in the preceding paragraphs and other outside of this terms, the provisions of this terms apply preferentially unless specified that the rules in the explanation, etc. are prioritized.

Article 3 (Charge-Free Service)

1. It should be noted that a content of a charge-free service is as follows.
   (1) Information Search (Domain name, account name of web application, and trademark)
2. Anyone can use the charge-free service, however, regarding a part of detailed search functiononly, according to the procedure provided in Article 5, only users who make a member registration (hereinafter referred to “member”) can use.
3. Even when using the charge-free service without registering a member, for using this service, it should be needed to agree with the content of this terms and follow this terms.
4. We can always change specifications, functions or contents for the charge-free service without notifying to users.

Article 4 (Charged Service)

1. It should be noted that a content of a charged service is as follows.
   (1) Documents Preparation for Trademark Application and Registration
   (2) Information Management
   (3) Option Service
2. Charged service can be used by only registered members.
3. We can always change specifications, functions or contents for the charged service without notifying to users. However, for members using the charged service who have already paid using fees (will be defined in Article 8, paragraph 1), we provide the same service as before changing.

Article 5 (Member Registration)

1. A person who wish to be a member (hereinafter referred to “registration wisher”) should apply for member registration by our　 prescribed method after agreeing to the contents of this terms. A registration wisher becomes a member when we accept the application.
2. In cases in which we consider that a registration wisher does or is likely to fall under following items, we may not accept the application. In this case, we don’t have all duties for explanation and compensatory damages regarding noncompliance reasons.
   • (1) In cases in which the application defined in the previous paragraph contains deficiencies (includes falsefood, error, omission, but not limited to them)
   • (2) In cases in which a registration wishers applies for member registration in duplicate.
   • (3) In cases in which a registration wishers has received disposition such as use suspension of this service or this system, or removing member registration due to the violation of the terms
   • (4) In cases in which registration wisher has a relationship with anti-social forces (will be defined in Article 23), or do business which is contrary to public order and morality
   • (5) In other cases in which we consider that it is inappropriate for a registration wisher to be registered as a member
3. Members should follow our prescribed change procedure promptly, when name, address, phone number, email address and other information at the time of registering which you report to us are changed, and report the change of your registered information. The member shall be responsible for any damages that may occur through the non-change of the registered content, and we assumes no responsibility for that.

Article 6 (Our Notification Method for Members)

1. Our notification to members is deemed to be completed by sending to members’ email address registered in this service.
2. Members shall not set rejection of email reception from us. Even if our email is not delivered to the members due to an error, etc. for reasons such as the email reception rejection setting and the members’ email address change, the notification is deemed to be completed when our notification is transmitted.
3. When the email delivery error is caused, we may stop the email delivery to the email address .
4. Please note that in case of the paragraph 2, when the members suffer damages due to non-reception of our notification, we assume no responsibility for that.

Article 7 (ID and Password Management)

1. We provide members with ID and password when registering. However, the members can select ID when registering, and have a duty for changing regularly as a part of management.
2. Members shall manage ID and password with due care, and shall not manage in a manner known by a third party. Please note that, if the members suffer damages by neglecting the duty, we assume no responsibility for that.
3. The use of this service by using a certain ID and password is deemed to be done by the member himself/herself who receives the issue of the ID and password. In cases in which we or the third party suffers damages due to an illegal use of the ID and password, whether a person who uses the ID and password is the member himself/herself or not, the member shall compensate for the damages.
4. Regarding their ID and password, members may not allow a use of third parties, and as well as a rental, a transfer, a trading and a pawnage.

Article 8 (Using Fee and Payment Method therefor)

1. A concrete amount of use fees for paid services (hereinafter referred to “using fee”) is displayed in this service by a recognizable method for members.
2. Members shall pay us the using fees by their credit cards through settlement agents we designate. In this case, the members shall complete to pay us their using fees by completing the payment to the settlement agents. Please note that we don’t have credit card information for the members in their credit card settlement.
3. We, as to contracts with the settlement agents, under confidentiality obligation, when the settlement agents request, may provide members’ information. Also, the members shall agree that the settlement agents gather the members’ information directly.

Article 9 (Non-Refund of Using Fee)

We do not refund using fee received from members for whatever reason. However, it does not apply to cases in which we allow separately.

Article 10 (Contract with Registered Experts)

1. We provide a platform which members can conclude a commission contract with registered experts, and the members can use this, however, the members shall not have a duty to use. Whether the members use it or not, and whether the members conclude the commission contracts with the registered experts depend on members’ judgment, and on the other hand, we also do not have a duty to introduce the registered experts to the members.
2. When members conclude the commission contract with the registered experts by using this service’s platform, the members can use their information which is registered with us, however, disclosure of the information to the registered experts is done optionally by members’ judgments, and we shall not disclosure the members’ registered information to the registered experts.
3. Members may select the same method as the using fee payment defined in Article 8, paragraph 2, as a payment method of rewards for the concluded commission contract with the registered experts based on their judgments. In this case, the members shall pay us the rewards through the settlement agents we designate. However, even in this case, parties to the commission contracts are absolutely the members and the registered experts, and we and the settlement agents act for the registered experts, and receive the reward.
4. In case of the previous paragraph, the members shall completer the rewards payment to the registered experts by completing the payment to the settlement agents we designate.

Article 11 (Withdrawal)

1. Members can remove the member registration and withdraw from us by our prescribed procedure.
2. Members lose all rights regarding your ID and password after the withdrawal procedure.

Article 12 (Information Deletion After Member Registration Cancellation)

1. In cases in which a user become a non-member by reasons of withdrawal, member registration cancellation, and others, we may delete all information the user has recorded to this system when the user was a member, and the user cannot access these information again. Please note that we don’t have a duty to delete them.
2. Even if the user suffers damages by measures we defined in the previous paragraph, we don’t have a duty to compensate for these damages.

Article 13 (Use Environment Development)

1. Users shall develop for properly necessary computers, and any other device, softwares, communication means for using this service on their own responsibility and expense.
2. Users shall take security countermeasures such as a prevention for illegal access and information leakage according to their use environment.
3. We do not participate in users’ use environment, and do not have any responsibility for that.

Article 14 (Rights regarding this service and this system)

1. Rights regarding contents and each information included in this service, and rights regarding this system belong to us and licensees for us (hereinafter referred to “we and licensees”).
2. We shall accept users’ use of this service and this system within the scope we define, however, we shall not permit the users to exploit or to use patent rights, utility model rights, design rights, trademark rights, copyrights, know-how which might have rights, and other intellectual property rights we and licensees have. Also, the users may not permit third parties to exploit or to use this service or this system.
3. Users may not do duplication, publication, a transfer, a rental, translation, reselling, forwarding, licensing, and other uses for the contents and each information included in this service and this system by any method.

Article 15 (Prohibited Acts)

Users shall not do following acts when using this service or this system.

1. Acts of copy of information provided by this service (in whole or in part), or reproduction, duplication, sending, transferring, distribution, circulation, reselling thereof in other methods or stocking for the purpose of any of these acts
2. Acts in violation of this terms
3. Acts of infringement on another’s intellectual property rights
4. Acts of infringement on another’s privacy
5. Acts of infringement on another’s reputation and credibility
6. Act of being contrary to public order and morality
7. Criminal Acts or acts of leading to criminal acts
8. Acts of providing information which is contrary to the truth, and is fictional
9. Acts of providing information for a purpose of study and academic research
10. Acts of preventing a management of this service or this system and discrediting
11. Acts of delivering harmful programs such as computer virus to a server constituting this system
12. Acts of doing reverse engineering, decompilation, disassembly, and other modification
13. Acts of using ID and password illegally
14. Acts in violation of laws or regulations or acts in violation of laws or regulations potentially
15. Other acts that we consider to be inappropriate

Article 16 (Coping Method to Prohibited Acts, etc.)

1. In cases in which users are deemed to violate this terms, and other cases in which we need, we may make following dispositions for the users. However, we don’t have a duty for that.
   • (1) Requesting a stop of the acts in violation of this terms, and non-repetition of the same acts
   • (2) Use suspension of this service or this system in whole or in part
   • (3) Cancellation of a member registration by force when the user is a member
   • (4) Refusal of the user’s use of this service and the user’s try of the membership registration again
   • (5) Notifying to the police and other official organizations when it may fall under a criminal case, an administrative case and others
2. In cases in which we make the dispositions in the preceding paragraph, the users may not state their objections. Also, if the users suffer damages by the dispositions, we don’t have a duty to compensate for the damages, and a duty to refund using fees the members already have paid.

Article 17 (Compensatory Damage)

In cases in which users violate this terms and inflict damages, users are deemed to compensate us for damages we sustain.

Article 18 (Legal Compliance)

1. We comply with the Lawyers Act, the Patent Attorneys Act, and other related acts for providing this service.
2. We are a stock company providing this service through the Internet, but not attorneys, patent professional corporations, lawyer, and legal professional corporations. Therefore, we do not do professional business which mostly only a person allowed in the Lawyers Act or the Patent Attorneys Act engage in, and we do not conclude a commission contract related to trademark application, and other legal business provision between user and us by using this service or this system.
3. In cases in which the users conclude commission contracts with registered experts such as attorneys or patent professional corporations in this service, we shall receive an introduction fee from the attorneys or the patent professional corporations within a scope allowed in the Patent Attorneys Act, Also, in addition to the introduction fee, we shall receive advertisement fee and other consideration for providing services based on a contract between the registered experts and us. Please note that we do not do legal services recommendation prohibited in Article 72 of the Attorney Act in any cases.

Article 19 (Discharge)

1. Users shall use this service on users’ own responsibility, and we assumes no responsibility for all acts and results thereof by using this service.
2. We confirm that registered experts are qualified when making contracts with us, however, it does not mean research for a quality, reputation, an achievement and a career in corrections of their service.
3. We neither mediate individual commission contract between the users and the registered experts or negotiate contract conditions, and we are not involved in service contents the registered experts provide the users and disputes between the users and the registered experts arising from the commission contracts, and not responsible for that.
4. We take great care of a content of this service or this system, and ensure accuracy therefore, however, we, in light of the nature of the contents of this service or this system, don’t warrant that there are no technical inaccuracy, typographical errors and misprints, and that information is set based on the latest data at that time, and that troubles and failures don’t occur.
5. External websites linked throughout information provided by this service or this system are not under our management and operation, thus, we shall not have any responsibility for legality, morality, reliability and accuracy of the contents and change and update of the website.
6. We shall not have any responsibility for the users regarding (1) the users used this service or this system, or couldn’t use them, (2) the users made deals through this service or this system to spend expenses for obtaining information or substituting service, (3) the users’s sending (transmitting), illegal accesses to data, and illegal modification was performed, (4) speeches by third parties within this service or this system, (5) all damages due to matters related to, or arising in connection with this service or this system.
7. We don’t warrant, regarding output result by using this service, attainment of trademark registration and other purposes the users wish.
8. The users have responsibility for necessary information for preparation of trademark application documents. We shall not have any responsibility for legality, morality, reliability, accuracy and others regarding information contents entered by the users and the trademark application documents prepared according to the input result.
9. We have a right to read the information entered by the users. However, we don’t have a duty for that. Also, if damages occur by the above, we don’t have responsibilities to compensate for the damages.
10. We don’t have a duty to store information that the users entered in this system, the trademark application documents based on the input result, and all other information. The users shall realize this, and necessary information shall be properly backed up by the users.
11. In cases in which this terms shall fall under a consumer contract of paragraph 3 of Article 2 in Consumer Contract Act, and we bear the burden of responsibility for damages due to defaults or unlawful actions, unless there is intent or gross negligence on us, we shall bear the burden of responsibility for damages up to the damages that the users suffered directly and actually, and shall not have responsibilities for damages etc. due to particular circumstances (including the case where occurrence of damages is foreseen, or could be foreseen).

Article 20 (Privacy Policy)

Our policy for handling personal information defines as “Approach for Privacy Information”.

Article 21 (Use of Attribute Data, etc.)

1. We shall acquire attribute information for not specifying an individual such as age, sex, occupation, and residential area (limited to information that cannot be specified by combining with other information) and users’ action history on the website (such as accessed URL, contents, and reference order) among provided information when membership registration by using technologies such as Cookie and JavaScript. However, Cookie and the action history is not included in personal information.
2. We may use the information for not specifying an individual such as the attribute information and the action history acquired according to the preceding paragraph without any limitation.

Article 22 (Use Suspension for Maintenance Work, etc.)

1. We shall perform temporary use suspension of this service or this system without prior notice and consent for users when falling under any of the following items, and the users consent in advance.
   • (1) In cases in which maintenance of this system, specification change of this system, or repair of defects on this system is performed
   • (2) In cases in which due to occurrence of a natural disaster-calamity, and the other emergencies, or possibly occurrence of them, or revision and establishment of laws and regulations, etc., management of this system would be difficult or impossible
   • 3) In addition to the cases in the preceding items, in cases in which we consider that the temporary use suspension is necessary on the operation of this service due to unavoidable grounds
2. We don’t have a duty to compensate for damages that the users or third parties suffer due to use suspension of this service or this system provided in the preceding paragraph.

Article 23 (Eliminating Anti-Social Forces from Society)

1. Users shall represent and warrant matters specified in following items at present and in future.
   • (1) The users do not fall under a member of an organized crime group, a person for whom 5 years have not yet passed since leaving an organized crime group, a semi-member of an organized crime group, a person relating to an organized crime group, “sokaiya” racketeer groups, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, and a person equivalent to the above (hereinafter referred to “anti-social forces”).
   • (2) Anti-social forces don’t have relationships believed to control the management
   • (3) Anti-social forces don’t have relationships substantially involved in the management
   • (4) The users don’t have relationships believed to use anti-social forces illegally for the purpose of acquiring an illicit gain of them, their company, or third parties, or the purpose of causing damage to the third parties
   • (5) The users don’t have relationships substantially involved in with anti-social forces by providing funds or convenience
   • (6) A person who is substantially involved in the management doesn’t have socially criticized relationships with anti-social forces.
2. Their users commit not to do actions defined by any item of followings by using themselves or third parties.
   • (1) An act of making violent demands
   • (2) An act of making unreasonable demands that go beyond the limits of legal liability
   • (3) An act of speaking and behaving threateningly or using violence in connection with the deals
   • (4) An act of damages our credit or obstructs our business by spreading rumors or by the use of fraudulent means
   • (5) Other acts that are equivalent to acts in the preceding items
3. We, In cases in which it becomes obvious that the users violate any of the preceding paragraph 2, may perform use suspension of this service by the users, and may perform member registration cancellation if the users are the member.
4. In cases in which the users suffer damages due to measures defined in the preceding items, we don’t have responsibilities to compensate the damages.

Article 24 (Separability)

In cases in which any clauses or a part of the terms is considered to be invalid or non-executable based on Consumer Contract Act and other laws and regulations, the rest of the other clauses in this terms and the rest of the clauses considered to be invalid or non-executable partially continue to have the effect completely.

Article 25 (Applicable Law)

Conclusion, effect, and interpretation for the contract between users and us based on this terms are governed by the laws of Japan

Article 26 (Agreement Jurisdictional Court)

All troubles between users and us regarding this terms are the competence of Tokyo district court or a summary court in First Instance.

Concluded

Supplementary Provisions

Established and enforced on July 15th 2016