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Contract Conditions regarding request for trademark application and registration

These contract conditions are created by Attorney Kazuyasu Gomi of Hatsuna IP (hereinafter referred to “Entrusted Attorney”), and they constitute contents of commission contracts regarding trademark applications for registration between customers and the entrusted attorney. Customers need to request a work to the entrusted attorney after understanding following commission conditions.
Please note that cotobox, Inc. does not participate in the contents of the commission contracts between the customers and the entrusted attorney, and this request form is not created by cotobox, Inc.

1. Job contents in commission

The terms in this terms shall mean as follows.

  1. The entrusted attorney shall proceed following procedures to the JPO on behalf of the customers.
    • (1)Procedures for trademark applications for registration
    • (2)Procedures for Notification of an amendment and Notice of Reasons for Refusal
    • (3)Procedures for payment of registration fees
  2. Entrusted Attorney’s job is limited to the above scope. Also, the entrusted attorney doesn’t warrant the accuracy of application documents prepared by the customers, thus the customers file the application documents prepared by using services cotobox, Inc. provided to the JPO. However, this shall not apply to cases in which a plan the entrusted attorney does trademark research, prepares documents, and gives all sort of advice (hereinafter refereed to “premium plan”) is selected,

2. Accomplishment of Jobs in commission

The entrusted attorney shall conduct the jobs in commission with the care of a good manager according to Patent Attorney Act in good faith by the best method he considers. However, trademark registration possibility is eventually considered by the JPO, thus the entrusted attorney does not warrant attainment of trademark registration and other purposes the users wish.

3. Remuneration and Expenses of Attorney

Remuneration and expenses for attorneys who conduct the jobs in commission are as follows.

  1. Procedures regarding trademark applications for registration
    • (1)Remuneration for the entrusted attorney (exclusive of consumption tax) 5,000 yen for 1 application with 1 class (5,000 yen is added for each 1 class after the 2nd class) However, as for premium plan, 1 class 1 application 35,000 yen (35,000 yen is added for each 1 class after the 2nd class)
    • (2)JPO Official Fee (Note: Fee should be paid to the JPO)
      12,000 yen for 1 application with 1 class
      8,600 yen is added for each 1 class after the 2nd class
  2. Procedures for Notification of an amendment and Notice of Reasons for Refusal
    30,000 yen for Preparation for Amendment and Argument
    However, as for Notice of Reasons for Refusal for multiple classes, additional fee is required according to a number of class.
  3. Procedures for payment of registration fees (for 5 years)
    • (1)Remuneration for the entrusted attorney (exclusive of consumption tax)
      15,000 yen for each 1 class
    • (2)JPO Official Fee
      16,400 yen for each 1 class

4.Payment method

Customers shall pay us the remuneration and expenses of attorney defined in the preceding paragraph by their credit cards through settlement agents cotobox, Inc. designates. In this case, the customers shall complete to pay the entrusted attorney by completing the payment to the settlement agents. Please note that we don’t have credit card information for the customers in their credit card settlement. However, as to a part that the credit card settlement cannot be used, it shall be used bill paymenent.

5.Contents of Application Documents

After a client confirm contents of application documents, our law firm file the documents to the JPO.

6.Notification of Examination Result

As follows, we send a notification about examination result to an email address that a client designates. Regarding non-delivery of emails, the entrusted attorney doesn’t have a responsibility for that, this, please make sure to prepare email reception environment from the entrusted attorney.

  1. In cases in which the JPO considers that an application cannot be registered
    We contact clients about a notification that the application cannot be registered.
    In case in which the entrusted attorney further responds to the Notice of Reasons for Refusal, additional fee is required, this, please consult him.
  2. In cases in which the JPO considers that an application can be registered
    We contact clients about a notification that the application can be registered.
    The registration fee should be paid to the JPO within 30 days after receiving examiner’s decision of trademark registration, and the client needs to pay the fee to the entrusted attorney until then. Please note that the entrusted attorney shall not pay the registration for the client, thus, if the client shall not pay in advance, the registration fee cannot be paid, and a trademark registration may not be obtained.
    Also, the registration fee shall be paid by installments in a former and latter periods. The registration fee for the latter period should be paid within 5 years from the date of registration of establishment. Please note that the client can use services for automatic notification and a payment of the registration fee provided by cotobox, Inc.

7. Procedures for Renewal of Duration of Trademark Right

The duration of a trademark right shall be valid for a period of ten years from the filing date of the application for registration. An application for registration of renewal shall be filed during the period from six months prior to the expiration of the duration of a trademark right to the date of expiration thereof. Please note that client can use services for automatic notification and an application for renewal registration of a trademark provided by cotobox, Inc.

8.Treatment when there is unpaid expenses and remuneration of attorney

When remuneration and expenses of attorney are unpaid, the entrusted attorney cancels the commission contract with the client, and stop the jobs in commission in future.

9.Treatment for Stopping Jobs in commission

  1. Due to cancellation of the contracts in the preceding paragraph, or the customer’s decision, if performance of the jobs in commission are stopped and not completed, we charge remuneration of attorney according to the jobs’ progress. Also, please note that as for the fees that have already been paid to the JPO, we cannot refund in any case.
  2. In cases in which stopping the jobs in commission is decided after sending documents (“deliverables”) to the client, the entrusted attorney’s jobs are almost done, thus, we charge 100% of remuneration of attorney.

Concluded

Supplementary Provisions

Revision on November 6th 2017