“Amazing DX” Contract Conditions for Trademark Registration Application Agency Service

The “Amazing DX” Contract Conditions (hereinafter referred to as the “Contract Conditions”, including the content after revision or change) are set forth in accordance with the provisions of Article 10 of the Terms of Use of “Amazing DX”.

Article 1: Definitions

　The terms used in the Contract Conditions are defined as follows.

  1. “Amazing DX”
    This term means the entire AI system of HARAKENZO WORLD PATENT & TRADEMARK (hereinafter referred to as “FIRM”) which can be used as a means of filing a trademark registration application with the Japan Patent Office (JP trademark registration No. 6497115).
  2. Data pertaining to documents for trademark registration application
    This term means data pertaining to application documents prepared using the “Preparation of documents for trademark registration application” service set forth in (1) of Clause 3 of Article 7 of the Terms of Use of “Amazing DX” for the purpose of filing a trademark registration application with the Japan Patent Office.
  3. Client
    Any individual (excluding the persons listed below) or juridical person, including a successor thereof, who appoints the FIRM as an agent thereof and requests the FIRM to perform the agency service for the procedures to file a trademark registration application with the Japan Patent Office using “Data pertaining to documents for trademark registration application”.
    ・Any minor or adult ward who is not represented by a statutory representative (the consent of a supervisor of the guardian, if any, is required).
    ・Any person under curatorship who has not obtained the consent of the curator.
  4. “Amazing DX” Contract
    This term means an individual commission contract concluded between the Client and the FIRM for the purpose of requesting the FIRM to perform the agency service for the procedures to file a trademark registration application using “Data pertaining to documents for trademark registration application” and the subsequent series of procedures.
  5. Revenue stamp fee
    This term means the fee paid to the Japan Patent Office.

Article 2: Subject to which Contract Conditions are applied

  1. Cases covered
    The Contract Conditions shall apply to cases where trademark registration applications will be filed or were filed with the Japan Patent Office using “Data pertaining to documents for trademark registration application”.
  2. Cases not covered
    The Contract Conditions shall not apply to cases where, as conventional cases, the FIRM is requested to perform the agency service for trademark registration applications, to perform the procedures stipulated in Clause 2 or 3 of Article 5, and the like without using “Amazing DX.”

Article 3: Revision and change, etc. of Contract Conditions

  1. Publication, revision, change of Contract Conditions
    The FIRM may revise or change the Contract Conditions by presenting them on the “Amazing DX” platform without the acceptance by the Clients.
  2. Effective time of revision or change
    The effective time at which the revised or changed Contract Conditions come into effect shall be announced through the “Amazing DX” platform in advance. Provided, however, that the Contract Conditions as of the date of execution of the “Amazing DX” Contract set forth in the following article shall apply to trademark cases which the FIRM is requested to deal with at the time of effectuation, excluding the revenue stamp fees, registration fees, and renewal fees.

Article 4: Conclusion of “Amazing DX” Contract

　The “Amazing DX” Contract is concluded when the Client presses the button to agree to the Contract Conditions presented by the FIRM on the “Amazing DX” platform.

Article 5: Scope of commission

  1. Matters to be commissioned at examination and registration phases
    In addition to the procedures for trademark registration application with respect to the Japan Patent Office under the “Amazing DX” Contract, the FIRM shall perform the agency services as stipulated in the following items:
    1. Procedures related to Invitation for Amendment
    2. Procedures related to Notification of Reasons for Refusal
    3. Procedures related to payment of registration fee (including cases where the registration is made as a result of examination in a trial against examiner’s decision of refusal)
    4. Trademark renewal procedures
    5. Other procedures related to trademark registration applications, such as accelerated examination, change of name, and change of address
  2. Matters to be commissioned in trial against examiner’s decision of refusal phase
    The FIRM may, pursuant to the instruction by the Client, perform the agency services listed in the following items. In this case, the “Amazing DX” Contract set forth in the preceding article is not terminated, but a separate commission contract will be concluded, and a fee will also be separately charged.
    1. Demand for appeal against decision of refusal or decision of dismissal of amendment
    2. Action against a trial decision of refusal or a trial decision of dismissal of amendment
    3. Other procedures
  3. Procedures not subject to commission
    The procedures for responding to oppositions and other procedures occurring after the registration of trademark (excluding the item (4) in Clause 1) are not included in the scope of commission. Provided, however, that in the event of a separate request as set forth in Clause 2 of Article 8 (Points to consider after trademark registration), the FIRM will accept such request unless there are any legal restrictions, such as a conflict of interest. In this case, the Contract Conditions shall not apply in accordance with Clause 2 of Article 2.

Article 6: Communication methods, etc.

  1. Means of notice
    1. 　Communications between the Client and the FIRM will be made using the notice system of “Amazing DX”.
  2. Handling in case of losing contact and suspension of notice
    In the event the FIRM does not receive a response from the Client after several notices have been made to the Client with use of the notice system set forth in the preceding clause or such notices do not arrive, the FIRM will try to contact the Client by sending email to the Client’s email address as grasped by the FIRM.
    　If, despite such efforts, the FIRM is unable to contact the Client, the FIRM may suspend notice given through the notice system.
  3. Disclaimers by FIRM
    In the event of any damage to the Client, a company to which the Client belongs, or third parties due to the Client’s failure to receive the notice from the FIRM or to reply to the FIRM for any reason whatsoever under the preceding clause, the FIRM shall not be liable for such damage.

Article 7: Procedures for trademark registration application, etc.

  1. Application procedures
    1. 　After the “Amazing DX” Contract has been concluded, the Client may request the FIRM to perform the procedures for a trademark registration application.
    2. 　In such a case, the FIRM shall commence the service with expert judgment after confirming that the remuneration separately set by the FIRM, the expenses and the revenue stamp fees have been settled in the manner set forth in Article 9.
  2. Advisory service
    The Client may seek advice from the FIRM on the outcome of the “Search for trademark search/assessment information”. Note that the expense that is separately set shall be required.
  3. Persons for whom application procedures are restricted
    The following persons may not be an applicant in accordance with the Patent Act which is applied mutatis mutandis to the Trademark Act.
    1. An organization without juridical personality (in this case, the application will be filed under the name of the representative of the organization, etc.)
    2. A minor or adult ward who is not represented by a statutory representative (the consent of a supervisor of the guardian, if any, is required).
    3. A person under curatorship who has not obtained the consent of the curator.
  4. Points to consider and non-guarantee
    If no reason for refusal is found through the examination by the Japan Patent Office after the procedures for a trademark registration application set forth in Clause 1, a decision to register a trademark is made. However, if a reason for refusal is found and the reason cannot be overcome, the registration will not be approved. The FIRM performs the application procedures but does not guarantee the outcome of the examination or the suitable obtainment of rights.

Article 8: Services after trademark registration application and points to consider after registration

  1. Services after trademark registration application
    Upon receipt of a notice from the Japan Patent Office after the application procedures, the FIRM shall notify the Client of it in accordance with the provisions of Article 6 and seek instructions on the procedures.
    　In the event the FIRM needs to be expressly empowered in accordance with the provisions of the Patent Act which is applied mutatis mutandis to the Trademark Act, the FIRM may request a power of attorney from the Client.
  2. Points to consider after trademark registration
    In the event a trademark is registered, the FIRM shall provide the following services. For the other services, if a separate request is made, the FIRM will accept such request unless there are any legal restrictions, such as a conflict of interest.
    1. Where the renewal date of the registered trademark is approaching, the FIRM will give notice to the person who was the Client in accordance with the provisions of Article 6.
    2. Upon receipt of a notice from the Japan Patent Office, the FIRM will notify the person of it who was the Client in accordance with the provisions of Article 6.
      [IMPORTANT] The registered trademark needs to be renewed after registration. Note that if the revenue stamp fee is not paid by the specified time limit, the trademark right will lapse.
  3. Disclaimers by FIRM
    In any of the items of the preceding clause, the FIRM shall not be liable for the lapse of the trademark right and the rescission of the registered trademark if the FIRM is in the situation to suspend the notice through the notice system of “Amazing DX” in accordance with the provisions of Clause 2 of Article 6.

Article 9: Method of payment, etc.

　The remuneration, expenses and revenue stamp fees shall be settled by credit card, and unless the circumstances are exceptional, the FIRM shall commence the service after confirming the settlement.
　The FIRM may provide the information of Clients to the extent necessary upon request of necessary information from the settlement agency set forth in the preceding clause. In this case, the FIRM will impose a duty of confidentiality on the settlement agency. In addition, the Client shall agree that the receiving agency shall directly collect the information of said Client.

Article 10: Termination of “Amazing DX” Contract

  1. Grounds for termination
    The “Amazing DX” Contract shall be terminated in the event of any of the following items:
    1. Where the Client has instructed the FIRM to abandon the application.
    2. Where the trademark registration application has been withdrawn.
    3. Where the examiner’s decision of refusal or the trial decision of refusal has become final and binding.
    4. Where the FIRM has filed a notification of resignation of power of attorney with the Patent Office.
    5. Where the Client is subject to a ruling for the commencement of bankruptcy proceedings.
  2. Request for remuneration, etc.
    In the event of the preceding clause, the FIRM may, irrespective of whether or not there is any reason attributable thereto, charge the Client the remuneration separately set, the expenses, and the revenue stamp fees according to the proportion of performance.

Article 11: Cancellation or discontinuation of “Amazing DX” Contract, etc.

  1. Client’s right to cancel
    The Client may cancel the “Amazing DX” Contract at any time, by means of the notice system of “Amazing DX” etc.
  2. FIRM’s right to cance
    The FIRM may discontinue or suspend the performance of the agency service, or cancel the “Amazing DX” Contract in the event falling under any one of the following items:
    1. In the event the remuneration, expenses or revenue stamp fees are not paid by the designated time.
    2. In the event the Client fails to give notice to the FIRM or fails to respond to the communication despite repeated reminders (including cases in which the FIRM may suspend the notice pursuant to the provisions of Clause 2 of Article 6).
    3. In the event the FIRM determines that the information provided by the Client (including location, contact information, etc.) contains a false content in the application for the “Amazing DX” Contract or in the performance of service.
    4. In the event the FIRM determines that it is difficult to continue the Contract, such as a loss of relationship based on trust with the Client.
  3. Effect of cancellation
    1. 　In the event of cancellation pursuant to the provisions of Clause 1 or the preceding clause, said cancellation shall be effective only for the future.
    2. 　The provision of Clause 2 of the preceding article shall be applied mutatis mutandis to the cancellation of the provisions of Clause 1 and the preceding clause, and in the event of any damage to the FIRM, the FIRM shall not refrain from claiming for such damage against the Client.

Article 12: Non-refund of remuneration, expenses and revenue stamp fees

　In the event the Client has made the credit card transaction as set forth in Article 9, the FIRM shall not refund the Client for any reason whatsoever the remuneration, expenses and revenue stamp fees.

Article 13: Partial invalidation

  1. Severability
    In the event a particular provision or portion thereof in the “Amazing DX” Contract or the Contract Conditions is determined to be invalid by law, etc., the provisions or portion thereof set forth in each of the following items shall remain in full force and effect, and the provisions or portion thereof that are determined to be invalid shall be governed by the law such the Civil Code.
    1. In the event a particular provision is determined to be invalid, any provisions other than said particular provision.
    2. In the event a portion of a particular provision is determined to be invalid, the rest portion other than said portion and other provisions.
  2. Relative efficacy
    1. 　Even in the event a particular provision or portion thereof in the “Amazing DX” Contract or the Contract Conditions is determined to be invalid in the relationship with a particular Client, the validity of the relationships with other Clients shall not be affected.

Article 14: Governing law and agreed jurisdictional court

  1. Governing law
    The “Amazing DX” Contract, the Contract Conditions, and interpretations thereof, etc. shall be governed by the laws of Japan.
  2. Agreed exclusive jurisdictional court
    The Osaka District Court or the Osaka Summary Court shall be the agreed exclusive jurisdictional court of the first instance for any and all disputes arising out of or in connection with the “Amazing DX” Contract or the Contract Conditions, depending on the amount claimed.

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