Terms of Service
IN PLAIN ENGLISH
At tumarca, we believe trust is built on transparency. We want you to be clear on what service you’re engaging, what our responsibilities are, and what yours are.
Below are the most important points of our service in plain language.
The Summary
1.
We Cannot Guarantee Success
This is the most important rule. We are expert intellectual property lawyers, and our job is to analyze your case, prepare a flawless application, and maximize your chances of success. However, the final and unappealable decision rests exclusively with IMPI or INDAUTOR. Nobody (no firm or lawyer) can guarantee a positive outcome.
2.
There Are No Refunds
Once we begin a procedure (whether a viability analysis or a registration application), the work is considered complete and the fees have been earned. The official fees paid to IMPI or INDAUTOR are also non-refundable. For this reason, we do not issue monetary refunds, regardless of the outcome of the proceeding.
3.
Objections Are Quoted Separately
The price of a registration application covers the initial filing. Occasionally, IMPI may issue an “oficio” (a legal objection or a request for clarification). Responding to this office action requires a legal analysis and response that is not included in the initial cost and is quoted separately.
4.
Wait Times Are Not Up to Us
We commit to filing your application with maximum agility. However, the waiting periods (which can be months) depend 100% on the workload of IMPI and INDAUTOR. We cannot speed up their internal processes.
5.
You Are Responsible for the Information You Provide
Our work is based on the information you give us. It is your responsibility to ensure that your data (name, address, etc.) is correct and truthful.
6.
Everything is 100% Confidential
Your idea, your trademark, your intellectual works, and the personal data you provide are treated with the strictest confidentiality by our team of lawyers, as established in our Privacy Policy.
Terms of Service
IN LEGAL TERMS
By engaging any of our services, you accept the following terms and conditions set forth by Protegemos tus Ideas, S.C. (“tumarca”) for the provision of its services.
1. Regarding the Service
Tumarca accepts and undertakes to perform the necessary procedures before the competent authority (IMPI or INDAUTOR) for the filing, processing, and follow-up of the registration application entrusted to us by “THE CLIENT”.
The application will be prepared and filed in accordance with the documentation and information provided by “THE CLIENT”, which must comply with current legislation in Mexico.
2. Regarding the Authorities
THE CLIENT” acknowledges and agrees that:
The Mexican Institute of Industrial Property (IMPI) is the sole legal entity empowered to issue trademark registrations.
The National Institute of Copyright (INDAUTOR) is the sole legal entity empowered to issue certificates of reservation of rights or copyright registrations.
Both institutions will determine the viability of the application and will grant (or deny) the corresponding registration. Tumarca’s opinion and viability analysis does not guarantee this outcome.
3. Regarding the Viability Study (Background Search)
The registration application is ideally filed after a background search. This search is conducted in the public database of IMPI or INDAUTOR, which is updated by said authorities. tumarca is not responsible for the accuracy or lack of updates in said databases.
The viability analysis provided by tumarca is a professional opinion based on experience, which significantly increases the chances of success, but it does not constitute a guarantee of registration.
4. Regarding Payments and Refunds
The cost of a registration service covers the preparation, filing, and follow-up of the initial application.
If the authority (IMPI or INDAUTOR) issues an office action (a requirement, objection, citation of prior art, or refusal), “THE CLIENT” acknowledges that the preparation and filing of the response to said office action will have an additional cost for professional fees, which will be notified at that time.
5. Regarding Office Actions and Additional Costs
El costo de un trámite de registro cubre la preparación, presentación y seguimiento de la solicitud inicial.
Si la autoridad (IMPI o INDAUTOR) emite un oficio (requerimiento, objeción, anterioridad, negativa), “EL CLIENTE” reconoce que la preparación y presentación de la contestación a dicho oficio tendrá un costo adicional por concepto de honorarios, el cual será notificado en su momento.
6. Confidentiality
Tumarca and Protegemos tus Ideas, S.C. undertake to maintain all information, data, and communications provided by “THE CLIENT” in a secure and strictly confidential manner.
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