TERMS OF SERVICE

The Profitmark service (hereinafter the “Service”) was developed by Profitmark LLC (hereinafter “We,” the “Registrar,” or the “Company”).

The Company uses the name “Profitmark” as a registered trademark.

Please read this document carefully before using the Service. All the terms and conditions set out herein constitute a legally binding agreement between the User (hereinafter the “Registrant” or the “Applicant”) and the Registrar. By registering on the website, ordering a service, and paying the Registrar’s invoice, you fully and unconditionally accept this Agreement, including all its provisions, rules, restrictions, and other conditions.

Please note that the Registrar may amend this Agreement at its discretion without prior notice to the Registrar.* The current terms of the Agreement are available on this page.

PRIVACY POLICY

Upon registering with the Service, the Registrant must provide accurate and truthful information about themselves. Trademarks and domain names requested by the Applicant will be registered based on the information provided in the registration application submitted through the Service. The trademark registration certificate will be sent to the email address specified by the Registrant. All correspondence and notifications from the Service will be sent to the Applicant electronically, for example, by email and/or telephone and/or through a mobile application, including via Viber, Telegram, WhatsApp, SMS, or other messages.

The Registrar is not required to verify the Applicant’s identity or the information provided. However, Profitmark reserves the right, at its sole discretion, to request supporting documents from clients to accurately identify rights holders based on the contact information provided.

The Registrant’s consent to the storage and processing of the data provided is mandatory. The Registrar may disclose the Registrant’s data to third parties, such as patent offices, lawyers, or partner patent attorneys who directly represent the Registrant’s interests in particular countries or regions.

Please also note that these data will be publicly available in the official trademark registers of the countries where the trademark has been registered.

TRADEMARK SEARCH

Profitmark allows Users to conduct a trademark search free of charge.

The Service’s database is compiled from publicly available sources, including national registers, registers maintained by international organizations, and private registers. The Registrar cannot guarantee the timeliness, completeness, or accuracy of the information obtained through a free search.

Profitmark’s workflow includes a two-stage trademark assessment. The first stage is an automated trademark check. Our system automatically checks for obvious matches with other trademarks when an application is submitted. If no significant risks are identified, the client pays in advance for a professional trademark assessment by our specialist and receives a report with recommendations within 24 hours. Only after the report has been sent and discussed does the client pay the invoice for filing the trademark registration application, after which the application is officially filed.

FILING A TRADEMARK REGISTRATION APPLICATION

After receiving an application from the Registrant, Profitmark files an official application with the relevant national patent office within three business days. Confirmation of the application’s acceptance by the registration authority is uploaded to the User’s personal account within 14 days. This period may be extended if the authority or partner in the country of registration causes a delay in submitting the documents.

The trademark application filing fee covers both official fees and the service fee for filing the application. However, this fee does not include an assessment of trademark registration risks, trademark searches, specialist recommendations on registrability, or the preparation of responses to provisional refusals or objections to trademark registration. These services are provided for an additional fee and must be ordered separately.

The Registrar, patent lawyers, and Service employees are not liable if trademark registration is refused or for any direct or indirect losses incurred by the Registrant or its affiliates as a result of such refusal. The decision to register a trademark is made by the relevant registration authority in the country concerned, and Profitmark’s influence on the patent office’s decision is limited. If trademark registration is refused, amounts paid for trademark registration, official fees, and Profitmark’s service fee are non-refundable.

Trademark registration times vary and may extend to 24 months, depending on the country’s policies. The Registrar cannot be held responsible for delays beyond this period, as application processing times are determined by the country’s registration authority. Registrants may view the current status of the trademark registration process in their personal accounts.

TRADEMARK MONITORING

This service involves notifying the Owner of applications for similar or identical trademarks that may potentially infringe the Owner’s rights. For 12 months from the payment date, the Registrar provides reports containing similar signs and recommendations. All such reports are recorded in the Owner’s personal account.

This service does not include preparing oppositions against the registration of similar trademarks. The cost of preparing such oppositions may vary by country, and pricing information is available upon request.

The Registrar is not liable if a trademark that the Owner considers similar to their own is omitted from a monitoring report. A monitoring report represents a specialist’s subjective opinion and may differ from the User’s view.

DOMAIN NAME REGISTRATION

Domain names are registered in accordance with the regulations and rules applicable to the relevant domain extensions. The domain name registration process requires the provision of personal information about the domain name Owner. Please note that the User’s personal data may be publicly accessible and published in databases such as WHOIS.

The Registrar and the domain name registry administrator are not liable for the Owner’s use, non-use, or misuse of domain names, including where third parties are affected. This includes cases in which the Owner infringes third-party rights.

Domain name registration is performed automatically after payment is received from the Client. Domain registration times may vary from 5 minutes to 14 days, depending on the successful crediting of funds to the Contractor’s account.

LIABILITY

Profitmark acts as an intermediary between the Applicant and patent offices in 150 countries, as well as their partner patent attorneys. The Service does not guarantee successful trademark registration in any particular country. The Registrar arranges for registration applications to be filed on the Applicant’s behalf after the invoice has been paid and a power of attorney has been executed. Upon completion of the examination, the Registrar communicates the Office’s final decision. Accordingly, the Registrar, patent attorneys, employees, managers, and owners are not liable for any direct or indirect losses suffered by the Applicant as a result of the provision of services.

In all cases, the Registrar’s liability shall not exceed the amount of the Registrar’s remuneration. Official fees included in the service price are non-refundable.

If a claim arises, the Applicant must send the details to support@profitmark.ua within three business days of the issue arising. The Registrar will review the complaint and respond to the Applicant within 10 business days.

GENERAL PROVISIONS

The relationship between the Applicant and the Registrar established by this Agreement is governed by the laws of Ukraine. In the event of a dispute, both Parties are encouraged to negotiate a resolution. If negotiations are unsuccessful, the Parties may pursue legal remedies in accordance with Ukrainian law.

By using Profitmark’s services, the Applicant confirms that they have read and accepted all the terms set out in this Agreement. If the Applicant does not agree with this Agreement, they must refrain from registering with Profitmark, ordering services, or paying invoices, as these actions automatically confirm acceptance of all the terms set out herein.

CONSENT TO THE PROCESSING OF PERSONAL DATA

I voluntarily consent to the processing of my personal data by the Profitmark Service and Profitmark LLC, registered and operating at Office 412, 9A Hrushetska Street, Kyiv, Ukraine. This includes, but is not limited to, my name, address, email address, telephone number, and other information I provide when registering a trademark through the Profitmark website and the corresponding mobile application.

Purpose of processing: My data will be used to process and register my trademark application, enable communication with me, and for marketing purposes, including sending current promotions and offers from the Profitmark Service.

I consent to the publication of my data in publicly accessible sources—trademark registers.

Data retention period: My personal data will be stored by the Company and the Service for an indefinite period, but no longer than necessary for the processing purposes specified in this Agreement.

Personal data rights: I confirm that I have been informed of my rights to access, rectify, erase, or restrict the processing of my data, my right to object to processing, and my right to data portability under the General Data Protection Regulation (GDPR).

Right to withdraw consent: I understand that I may withdraw this consent at any time by giving the Company prior written notice.

The owner of the Profitmark Service is Profitmark LLC.