TERMS AND CONDITIONS VAMO VARUMÄRKESOMBUDET AB
These terms and conditions of engagement (“Terms and Conditions of Engagement”) apply to all services that VAMO VARUMÄRKESOMBUDET AB, org. no. 556878–3012 (the “Law Firm”) provides to its clients (the “Client”). When the Client hires the Law Firm, the Client is deemed to have accepted these Terms and Conditions which constitute an integral part of the agreement between the parties (the “Agreement”). The Law Firm and the Client are hereinafter referred to individually as a “Party” and collectively as the “Parties”.
1 THE ENGAGEMENT
1.1 The scope of the Engagement (“the Engagement”) shall be agreed upon in writing between the
parties at the beginning of the Engagement, for example, via email. At the Client’s request, the Law
Firm shall provide a written order confirmation.
1.2 The Law Firm’s description of the Engagement and its scope is hereinafter referred to as
the “Engagement Description”.
1.3 If the Client makes reference to deviating terms and conditions in its order or in other
documentation, these shall not be applicable.
1.4 The Agreement between the Parties consists of the Engagement Letter and these Terms and
Conditions. The Engagement Letter takes precedence over these Terms and Conditions if and to the
extent that they are not compatible with each other.
2 THE LAW FIRM’S COMMITMENTS
2.1 The Law Firm shall ensure that the Engagement is conducted in accordance with what is stated in
the Agreement and in accordance with good practice in the industry.
2.2 Unless otherwise agreed upon between the Parties, the Law Firm shall have the right to take the
measures that the Law Firm considers necessary or desirable to carry out the Engagement. For
example, the Trademark Agent shall have the right to engage other advisers and professionals on
behalf of the Client and also incur reasonable costs to the Client within the framework of the
Engagement. If the Trademark Agent engages other advisers and professionals, then the Trademark
Agent may request that the Client engages them directly and thereby assumes direct responsibility for
the payment of fees and costs incurred.
2.3 In cases where the Law Firm makes statements concerning other jurisdictions, this will not
constitute legal advice. Statements concerning other jurisdictions will be based on our general
experience. In cases where there is a need for legal advice from other jurisdictions, the Trademark
Agent can assist with obtaining this expertise, but will not be responsible for this advice.
3 THE CLIENT’S COMMITMENTS
3.1 The Client is responsible for remunerating the Law Firm in accordance with what is stated in the
3.2 The Client shall provide accurate information in order that the Law Firm can carry out the
Engagement in accordance with the Agreement, including but not limited to relevant data and facts
concerning the Client’s business and any expansion plans that are relevant to the Engagement. The
Client warrants that the Client has the right to enter into this Agreement and is entitled to pursue it in
accordance with its wording.
3.3 The Client shall review received documents and communicate such decisions that the Law Firm
reasonably requests and otherwise implement agreed measures, so that the Law Firm has the
opportunity to follow the agreed schedules and otherwise act in a timely manner, for example, with
regards to the authorities.
4 MARKETPLACE FOR TRADEMARKS
4.1 In the event that the Client uses the service “Marketplace for Trademarks” in its capacity as a seller,
the Client guarantees that the trademark in question (“the Trademark”) belongs to the Client with full
and clear title, that it is not subject to licenses, liens or other rights of third parties and that no third
party claims that such a right exists. The Client warrants that the Client has the right to market and
transfer the Trademark. As long as the Trademark is offered on the Marketplace for Trademarks, the
Trademark Agent has the exclusive right to broker the sale of the Trademark. In the event of transfer,
the Client agrees, in its capacity as seller, to sign the confirmation documents required for the new
owner to register themselves as owner of the Trademark.
4.2 In the event that the Client uses the service Marketplace for Trademarks in its capacity as a buyer,
the Client also instructs the Law Firm to register the Client as holder of the Trademark at the current
registration body, in accordance with the Law Firm’s then-current fee / charge for such registration.
4.3 The Law Firm can, on a specific Engagement, assist the Client with the transfer / acquisition of
the Trademark, i.e. with implementing the transfer of ownership of the Trademark. If the Trademark
Agent has not specifically been engaged for implementing the transfer of ownership, the Client
guarantees that the Trademark was acquired in a proper manner and that the transfer confirmation
that shall be signed and provided to the registration authority is correct in all parts. It is not the
responsibility of the Trademark Agent to verify that the transfer itself has been implemented correctly.
5 PRICES AND PAYMENT TERMS
5.1 For the performance of the Engagement, the Client shall pay remuneration in accordance with what
is stated in the Agreement or, if the price is not specifically agreed upon, then the Client shall pay
remuneration in accordance with the Law Firm’s current price list and fee levels. Unless otherwise
agreed, VAMO’s hourly rate is SEK 1,800 (excl. VAT).
5.2 (a) For work on an open account, the time spent on the case is charged at the current hourly rate
(currently SEK 1,800 excl. VAT).
5.2 (b) The fixed price for the work performed will mostly apply to all types of reporting of received
documents (e.g. office actions, refusals, applications for opposition, etc.), but also to other entrusted
work, subject to specific agreement. The fixed price for reporting is usually SEK 1,800, unless otherwise
5.2 (c) In the event work on an application is suspended during the processing of the case, the Law
Firm’s charge for first class of the application is charged.
5.3 All prices and fees are quoted in SEK exclusive of VAT and other fixed additional taxes that are
incurred after the Engagement commences.
5.4 The Law Firm may request an advance payment of fees and expenses. Sums paid in advance will
be used to settle future invoices. The total amount for costs and services rendered can be higher or
lower than the amount paid in advance.
5.5 The Client shall pay remuneration to the Law Firm in accordance with the invoice. Invoicing shall
be done monthly in arrears. Payment shall be made no later than 10 days (unless otherwise agreed)
after the date displayed on the invoice. In case of late payment, interest will be charged in accordance
with the Swedish Interest Act (1975:635) from the date payment was due until payment is received.
5.6 The Law Firm shall be entitled to reimbursement of expenses and costs associated with the
Engagement. For example, this may include registration fees, investigation costs, costs for other
advisers and professionals, courier and travel costs, costs for agency staff, copying, fax and telephone.
5.7 If possible, the Law Firm can, before an Engagement at the Client’s request, provide an estimate
of what the fee may amount to and also periodically keep the Client informed of the accrued fees as
the Engagement progresses. The Parties agree that an estimate is based on the information that the
Trademark Agent has access to at the time of the estimate and is not a fixed price offer.
The Client may at any time terminate the Agreement/cancel the parts of the Engagement that have
not been performed. In the event of such a cancellation, the Trademark Agent has the right to
remuneration for work performed and costs incurred. An Engagement entered into at a fixed price
cannot be prematurely terminated unless full remuneration is paid. In the event work on an application
is suspended during the processing of the case, the Law Firm’s charge for first class of the application
7 INTELLECTUAL PROPERTY RIGHTS
Copyright and other intellectual property rights to the work product that the Law Firm generates in an
Engagement belong to the Law Firm (this does not apply, for example, to trademark and design applications/registrations), but the Client has the right to use the results for the purposes for
which they are provided. Unless otherwise agreed, documents or other work product generated by the
Law Firm is not to be made widely available or used for marketing purposes.
8 LIABILITY AND LIMITATION OF LIABILITY
8.1 Excluding the limitations below, the Law Firm is responsible for damage incurred as a result of the
Law Firm’s negligence in the performance of their obligations under the Agreement.
8.2 The Law Firm’s services are suited to the conditions of the individual Engagement, the information
and facts presented by the Client, and the instructions that have been received. The Client can
therefore not rely on specific advice on any other matter or use it for purposes other than that for
which it was provided. The Parties agree that the Trademark Agent’s advice is based on the information
that the Trademark Agent has access to at the time that the advice is being provided and that the
Trademark Agent is not liable for damage resulting from incomplete or inaccurate information or
instructions that has been provided by the Client.
8.3 Other advisers and professionals shall be considered independent of the Law Firm (whether they
are engaged directly by the Law Firm or whether they are engaged by the Client). The Trademark Agent
shall not be responsible for other advisers and professionals, neither for the choice of them nor for the
advice and other services they provide to the Client. This applies regardless of whether they report
directly to the Trademark Agent or to the Client.
8.4 The Law Firm’s services provide no guarantees, e.g. that a preliminary investigation will result in a
trademark being accepted for registration, that a trademark will be approved for registration by a
responsible authority (with or without a preliminary investigation being carried out) or that a dispute
will be won based on an investigation report.
8.5 The Law Firm is not liable for damages incurred as a result of the Client’s use of work results or
advice in any other context or for any other purpose than for which it was provided or for damages to
third parties that results from the Client’s use of the Law Firm’s work results or advice. or for damages to third parties that results from the Customer’s use of Vamo Trademarks’ work product or advice.
8.6 The Law Firm’s liability shall, unless intent or gross negligence is involved, be limited to the
estimated remuneration for the actual Engagement. In any event, the Law Firm’s liability is limited to
a sum of MSEK 1 per claim, event and year.
8.7 The Law Firm is not liable, unless intent or gross negligence is involved, in any circumstance for loss
of profits, loss of or improper production, loss of goodwill or other indirect losses or damages, including
any liability the other Party has towards third parties, or loss of information.
8.8 The Client is responsible for ensuring that the Law Firm has access to current contact details at all
times and is responsible for ensuring that the Law Firm can contact the Client.
9.1 If the Client for any reason is not satisfied with the Law Firm’s services and wants to make a
complaint, this should be done as soon as the Client becomes aware of the circumstances giving rise
to the claim in order for the claim to be considered.
9.2 Claims may not be submitted later than six months after the latter of (i) the date of the Law Firm’s
final invoice for the Engagement to which the claim relates, and (ii) the date on which the circumstance
underlying the claim became known or could have been known to the Client if reasonable enquiries
were carried out.
Each Party undertakes to not disclose to any third party, without the consent of the other Party during
the Engagement and for a period of three (3) years thereafter, information about the other Party’s
business that can be regarded as business or trade secrets or which by law, is subject to confidentiality
requirements. Business or trade secrets shall always be regarded as information that the Party
considers to be confidential. Confidentiality does not apply to such information as the Party can prove
became known to the Party in a manner other than through the Agreement or which is common
knowledge. Confidentiality does not apply when the Party is obliged to disclose information by law. If
the Party is required to disclose information by law, they shall inform the other party thereof before
the disclosure is made.
11 FORCE MAJEURE
If a Party is prevented from fulfilling its obligations under this Agreement due to circumstances beyond
the Party’s control, such as lightning strikes, fire, official intervention, war, terrorist attacks, acts of
war, industrial disputes, blockades, major accidents, currency restrictions and errors or delays in
services from subcontractors due to circumstances specified herein, this shall constitute grounds for
exemption that entail a postponement of the time of performance and exemption from liability for
damages and other possible consequences.
12 AMENDMENTS AND ADDITIONS
12.1 In order to be binding, any amendments and / or additions to the Agreement shall be made in
writing and signed by authorised representatives from both Parties.
12.2 These Terms and Conditions of Engagement may from time to time be amended by the Law Firm.
The current version is always published on the Trademark Agent’s website
www.varumarkesombudet.se. Amendments apply only with respect to Engagements initiated after
the amended version has been posted on the website.
If any provision of this Agreement or any part thereof is found to be invalid, this does not signify that
the Agreement in its entirety is null and void, but shall, to the extent that the invalidity substantially
affects the performance of the Party or exchange of the Agreement, allow for reasonable adjustment
to be made.
14 GOVERNING LAW AND DISPUTE RESOLUTION
14.1 Swedish substantive law applies to the Agreement as applicable between Swedish parties.
Disputes arising in connection with the Terms and Conditions of Engagement shall be finally settled by
arbitration under the Rules for Expedited Arbitration of the Arbitration Institute of the Stockholm
Chamber of Commerce. The seat of arbitration shall be Gothenburg and the language of the
proceedings shall be Swedish.
14.2 If the disputed amount of the submitted claim does not exceed three (3) times the applicable
price base amount according to the Social Insurance Code (2010: 110), the dispute shall, in contrast to
what is stated in clause 13.2 above, be settled in the first instance by the District Court in Gothenburg.
The Party has the right with such claims to apply for an order to pay at the Swedish Enforcement
14.3 The Parties undertake, without limitation in time, not to disclose the existence or content of the
arbitration ruling in connection with this Agreement or information about negotiations, arbitration or
mediation in respect of the Agreement. The provisions of this clause shall not apply unless otherwise
stipulated by law, other regulations, government bids, stock exchange rules or good practice on the
stock market or otherwise required for the execution of a judgment.
The Law Firm is the controller of the processing of personal data within the scope of our business and we work actively to safeguard the privacy of our clients, contacts, job applicants and partners.
15.1 Client engagements
When assessing whether we can accept an engagement, when administering an engagement and when completing an engagement, it is necessary for us to process personal data. Generally, personal data is provided by the customer, but they may also be added by us with help from private and public registers or other external sources. The purpose of this processing is to be able to execute the engagement agreement with the customer or to fulfill legal obligations.
Your personal data may be transferred to third parties (e.g. public authorities/bodies, courts, service providers, other legal advisers, auditors, consultants, etc.) if this is required for the performance of the engagement.
For the above-mentioned purposes, the personal data may be transferred to a party in a country which is not a member of the EU/EEA (third country) or to an international organization. However, such transfers only take place when the personal data can be sufficiently protected.
The Law Firm does not store your personal data longer than what is necessary to fulfill the above-mentioned purposes.
The contact information of clients might be used for marketing purposes. Such processing of personal data is based on our legitimate interest. If you no longer want to receive marketing e-mails from us, click on the link in the e-mail/invitation, or contact us at [email protected].
15.2 Recruitment and job applications
To process your application, we need to handle the personal data necessary for the recruitment process e.g., your contact information and the information that you provide in your resume, CV and other attached documents. We process this information to take steps prior to entering into an eventual employment contract with you.
Employees responsible for the recruitment have access to the information and they may also be transferred to companies, consultants and experts who help us with it.
The Law Firm stores your personal data during the recruitment process. If we want to keep your application documents for a longer period, e.g. for future recruitment purposes, we will contact you first and ask for your consent.
15.3 Requests and social media
To be able to handle and answer your request we need to process the contact information you provide. We base our initial processing of your personal data on our legitimate interest in following up your request. Therefore, we save your personal information for a reasonable time required to get back to you with our answer.
When you interact with us on our social media pages (Facebook, Instagram, Twitter, etc.), your user profile information is shared with the social media platform provider and the Law Firm can’t guarantee the safety of this processing.
15.5 Questions and your rights
As a data subject, you are entitled to know how your personal data is processed. This means that you can request access to information about the processing. You may also revoke your consent and to request correction of incorrect personal data, restriction of excessive processing, erasure of baseless processing, and in some cases transfer of personal data from our systems to another party. If you want to submit a complaint contact the Swedish Authority for Privacy Protection at [email protected].
You are always welcome to contact us at [email protected] if you want to exercise your rights or if you have feedback or questions associated with our processing of personal data.