This "Agreement" governs the terms of use for the www.miregistrodemarca.com website.
PLEASE READ AND REVIEW THIS AGREEMENT CAREFULLY BEFORE USING THE "WEB SITE". THE SOLE USE OF THE ‘WEB SITE’ BY THE "USER" IMPLIES THAT HE/SHE HAS READ AND EXPRESSLY ACCEPTS ITS CONTENTS. IF THE ‘USER’ DOES NOT ACCEPT THIS AGREEMENT, THE ‘USER’ MUST NOT ACCESS THE ‘WEBSITE’ OR ANY OF ITS RELATED SITES AND LINKS.
The present contract describes the Terms and Conditions applicable to the services offered by MIREGISTRODEMARCA.COM through the site www.miregistrodemarca.com (hereinafter "The Site" to you hereinafter "User". These Terms and Conditions are mandatory and binding. The User´s use of this site constitutes agreement to all of the Terms and Conditions, and we therefore suggest that the User read them carefully. By using "The Site" the "User" agrees to these Terms and Conditions of Use, as well as any other terms, guidelines or rules applicable to all or part of this Site. If the User does not agree to these Terms and Conditions of Use, the User must refrain from using the Site and consequently the services offered.
1. The MIREGISTRODEMARCA.COM web site (‘Site’) includes content that is offered as a service to Users under the following terms of acceptable conduct.
2. Your right to use the Site is governed by these Terms of Use and our Privacy Policy (collectively, the ‘Terms’) and you should take the time to review both carefully before using the Site.
3. By using the Site in any way, the User agrees to be bound by these Terms.
4. The Site reserves the right to modify the Terms and Conditions at any time and for any reason. Updated versions of the Terms and Conditions will be posted on the MIREGISTRODEMARCA.COM website and you should visit this page periodically to keep informed of any changes.
5. By continuing to use the Site after any changes, you accept and agree to the modified Terms and Conditions.
6. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any of its features, benefits (including, without limitation, blocking or terminating your account), rules or conditions, all without prior notice, notwithstanding that such changes may affect your use of the Site.
7. You agree that the Site shall not be liable to You or any third party for any modification or discontinuance of the Site.
8. These Terms and Conditions constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site.
9. You may also be subject to additional Terms and Conditions that may apply to you when you use affiliated services, third-party content or third-party software, or when you visit one or more other sites linked to this one.
10. The individual section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
11. You agree to comply with all applicable laws, statutes, regulations and ordinances regarding your use of the Site.
12. For all effects and purposes of this Agreement, the following definitions shall apply:
12.1) ‘Lawyer’ means a licensed independent professional, a law firm or a partnership of professional lawyers, who shall deal with the requests of ‘Users’, as defined below, exclusively, within the territory and in the course of their business.
12.2) ‘Agent’ means a registered professional specialised in industrial property rights, whose management is carried out within the Argentine territory and correspondent agents abroad.
12.3) "User" is the "Holder" or his representative, who identifies himself as such when accessing the ‘Web Site’, and is responsible for submitting all the information in any of the ‘Web Site’ Service Request forms.
12.4) It is understood that the "User", in the case of being a representative, is expressly authorised by the "Holder" to provide this information on the ‘Website’.
12.5) The "Company" will maintain its communications with the "User".
12.6) "Agreement" means the AGREEMENT TO TERMS AND CONDITIONS OF USE and PRIVACY POLICIES.
12.7) "Company" is MEGISTRODEMARCA.COM, a company whose mission is to promote, facilitate, grant in Argentina and abroad, according to its availability, the service of registration of trademarks, domain names, protection in Intellectual Property rights, web domains and other services related to them.
12.8) The "Contracting Parties" are the "User" and the "Company". The "Company" is responsible to the ‘User’ for all services contracted by the ‘User’ on the ‘Website’. The "Company" represents the "User" before the "Trademark Office", "Intellectual Property Offices" and "Internet Domain Administrator".
12.9) "Fees or Prices", is the amount of money in the currency specified for each case or country, which must be paid by the "User" on the "Web Site", in exchange for the contracted service.
12.10) "Power of Attorney", is the written authorisation certified by the corresponding authority, if applicable, that the "User" gives to the "Company" and the "Lawyer and/or Agent" to represent him/her before the Industrial and Intellectual Property Office and competent Courts, in order to carry out all the necessary steps to register and/or protect the trademark, domain name or copyright deposits, or to comply with any "Service Request". The model Power of Attorney is available to the "User" on the page of the country in which the service request will be submitted and/or sent to his/her e-mail once the service has been contracted.
12.11) The “Registry Manager” is the organization in charge of managing top-level domain names. These top level domain names are classified into generic domain names (gTLDs or Generic Top Level Domain, com, org, net,...) and domain names that identify a country code (ccTLDs or country code Top Level Domain Names ...., .ar, .ar, .es, .com.br, .cl, pe, etc,....).
12.12) “Service Request”, is the form to be filled out by the “User” in the “Web Site”, with the data required therein for the “Company” through the “Lawyer and/or Agent” to provide a specific service.
12.13) “Contract”, is the agreement by which the “Company” commits with the “User” to perform the services ordered to it through a specific “Service Request” contained in the “Web Site” and in turn the “User” commits to deliver all the information required therein, together with the payment of the “Fee” or “Prices”, for the requested service.
12.14) “Proprietor” means the person who declares to be the owner of the trademark or domain name to be registered, or of the company and who is identified as such in the application for trademark registration, domain name registration, copyright, or related services. It may be a natural person (individual) or legal entity (legal entity) and may act by itself or represented. Given the nature of the services, the “User” agrees to pay the “Company” the fees that apply to the services.
12.15) Fees paid for services rendered are non-refundable.
12.16) “Trademark Office” means the Governmental Authority of the country before which the “Attorney and/or Agent” applies for and processes the registration of trademarks.
12.17) “Web Site” means the Internet site www.miregistrodemarca.com on which services related to Trademark Registration, Web Domain Names and Intellectual Property Rights Protection are offered.
12.18) “Territory” includes all the territory of the country in which the “Lawyer and/or Agent” will exclusively provide the services requested by the “User” through the “Web Site”.
1. If in order to request reports of viability of registration of marks, quotation of tariffs or prices, or any other information offered by “The Site”, it is required to consign certain information. The User is obliged to complete these processes, providing MIREGISTRODEMARCA.COM true, updated, complete and accurate information.
2. MIREGISTRODEMARCA.COM, is not responsible for the information (hereinafter “Personal Data”) provided in these processes by the User. The User, in any case, is responsible for and guarantees the validity, veracity, integrity and accuracy of the Personal Data entered.
3. MIREGISTRODEMARCA.COM is not responsible for errors or delays in responding to any request for information, quotation or service request resulting from outdated, false, incomplete or inaccurate information provided by the User.
4. MIREGISTRODEMARCA.COM reserves the right to refuse any request for information or quotation, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.
5. The User understands and accepts that: (a) by entering a query in any of the forms on the Site, is subscribing to our newsletter; (b) expressly authorizes MIREGISTRODEMARCA.COM to contact via e-mail, telephone or any other means you have indicated in order to send you information and offers about our services; and (c) authorizes MIREGISTRODEMARCA.COM to save the information sent. Notwithstanding the foregoing, the User may unsubscribe from such newsletter at any time by clicking on the link provided for such purpose, or by means of a request by reliable means, pursuant to the provisions of Law 25.326 Argentina.;
GENERAL RULES
1. The trademarks and logos used in the “Web Site” are protected by the rules of intellectual and industrial property and may not be used in any way by third parties without the authorization of their owner(s).
2. All material on the Site, including without limitation, logos, images, text, illustrations, and audio and video files, are protected by copyrights, trademarks, service marks or other proprietary rights licensed to the Site, or owned by it or by third parties who have posted on the Site. a)Material from this Site and any other website owned, operated, controlled or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. b) Except as expressly provided herein, you are not granted any rights or licenses, copyrights, trade secrets, rights of publicity or trademarks with respect to any content, and MIREGISTRODEMARCA.COM reserves all rights not expressly granted herein. c) MIREGISTRODEMARCA.COM, expressly disclaims all liability for any use you make of any content obtained on the Site or in connection therewith. d) MIREGISTRODEMARCA.COM is a trademark registered by the “Company” and/or its owner/s. It is strictly forbidden to use any trademark or service mark MIREGISTRODEMARCA.COM, without the express written consent of MIREGISTRODEMARCA.COM, including its logo and trademark isotype.
3. The “Company” is only responsible for providing the services for which it has been contracted through the “Web Site”, which include, by definition, e-mail and telephone orders.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO “USER”.
The information, services and products available to the “User” on this Site may contain errors and are subject to periods of interruption. While the Site makes every effort to maintain the information, services and products offered on the Site, the Site shall not be liable for any errors, defects, lost profits or other damages arising from the use of the Site.
4. It is understood that the “User” by the mere fact of accessing the “Web Site” or using its services, expressly waives any indemnity, claim or right that he/she may have against the “Company” and its representatives.
5. Under no circumstances shall the “Company”, the “Lawyer”, the “Agent” and/or employees, be liable for damages that the “User” may have for the use of the “Web Site” or for any link to the site, unless expressly stated otherwise. The scope of this limitation of liability is applicable to any type of damage whatever its nature, including, but not limited to, loss of data and programs, loss of results, loss or interruption of business, third party claims. a) “Company” services are provided AS AVAILABLE, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose. b) “Company” expressly disclaims any representation or warranty that its services will be error-free, timely, secure and uninterrupted. Oral advice or written information given by the “Company”, its employees, licensees or agents shall not create a warranty, nor may it be used as a basis for any subsequent action. c) The “Company” and its affiliates shall under no circumstances, including negligence, be liable for any direct, indirect, incidental, special and consequential damages resulting from the use or inability to use the “Company´s” services, including but not limited to reliance on information obtained from the services provided by the “Company”; or resulting from errors, omissions, interruptions, deletion of files or e-mails, loss or damage of data, errors, defects, viruses, operational or transmission delays, or any failure in the execution, are limited to acts of nature, force majeure or acts of God, communication failures, theft, destruction or unauthorized access to the records, programs or services of the “Company”. d) The “User” hereby acknowledges that this provision shall apply whether or not the “Company” has been warned of the possibility of such damages. Also that this provision shall apply to all content, products or services available through its affiliates.
6. In spite of the efforts made by the “Company”, the information provided in the “Web Site” may contain typographical or data errors, which will be rectified immediately upon detection. The “User” assumes all responsibility and risk for the use of this “Web Site” and for the information obtained from it.
7. The “Company”, the “Lawyer” and the “Agent” do not assume any responsibility in the event that a Trademark, Domain Name or Company is not accepted for registration. a) The “User” accepts that any objection, opposition or rejection, or any situation that prevents to continue with the processing of an application for registration, are not the responsibility of the “Company”, its directors, its employees or its “Agents” and waives any indemnification.
8. a) To this effect, the “Company”, the “Lawyer” and the “Agent” will not be responsible in case this information infringes third party rights or contains errors or omissions. b) The “User” is absolutely responsible for the data provided in any “Request for Service” available in the “Web Site”, whether or not these are recommended by the “Company”.
9. The “Company” does not represent or control the other web sites which may be accessed through the “Web Site”, and therefore, is not responsible for the content, use, products and services that may be available on such other web sites.
10. The surveillance service and the Trademark and Domain Name search service may contain errors or omissions derived from the fact that the information available in the data banks, whether their own or those of third parties, of the “Trademark Office” or of the “Registry Administrator”, may contain errors or omissions. a) The “User” releases the “Company”, the “Attorney” and the “Agent” from all liability, waiving any indemnity action for error or incomplete information or for the recommendations or proposals made by the “Company”, the “Attorney” and the “Agent” by virtue of this information.
11. Under no circumstances shall the “Company”, the “Lawyer”, the “Agent” and/or employees be liable for damages, loss or data entry occurred to the “User” as a consequence of his connection to the “Web Site” or due to the effect of the interruption of communications or malfunction of the “Company´s” servers.
12. The parties agree that the “Company” may modify the terms and conditions of operation of this “Web Site”, without notifying the “User”, for reasons of good service or due to a change in the official regulations of the country in which an application is being processed. It is understood that the unmodified terms and conditions remain in force and must be complied with by the parties.
13. The “Company” will provide the “User” with a password or a personal password to access the web pages of the “Client Area”. a) The “User” will be responsible for the custody and confidentiality of this password or password, as well as for its use. b) Certain services provided on this Site or through the same require the “User” to first open an account. c) The “User” is responsible for maintaining the confidentiality of your information, including your password, and any activity that occurs with your account. d) The “User” agrees to immediately notify MIREGISTRODEMARCA.COM of any unauthorized use of your account or password, or any other breach of security. e) The “User” may be held liable for losses incurred by MIREGISTRODEMARCA.COM or any other user of the Site, due to the use of your password or customer account by another person. f) The “User” may not use another person´s password or customer account at any time. g) The “User” may not attempt to gain unauthorized access to the Site. h) If the “User” attempts to do so, assists others in such attempts or provides instructions, software or tools for that purpose, his or her customer account will be terminated. i) The “User” agrees to provide accurate, current and complete information about himself or herself and his or her billing information as required in the registration process. j) The “User” may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, browse, test or monitor any portion of the Site or any content, nor may it reproduce or circumvent, in any way, the navigational structure or presentation of the Site or any content to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Site. k) “User” agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
14. Also, the “User” agrees that MIREGISTRODEMARCA. COM may, in its sole discretion and without prior notice to the “User”, terminate your access to the Site and your account for any reason, including, without limitation: (a)attempting to gain unauthorized access to the Site or assisting others to do so, (b)overcoming software security features that limit the use of or protect content, (c)discontinuance or modification of material on the Site or any services offered on or through the Site, (d) violating these Terms of Use, (e) failure to pay for purchases made, (f) alleged or actual copyright infringement, (g) unexpected operational difficulties, or (h) requests by law enforcement or other governmental agencies.
15. The “User” agrees that MIREGISTRODEMARCA.COM shall not be liable to the “User” or any third party for the cancellation of his access to the Site.
16. Delays and errors derived from force majeure, including but not limited to problems derived from natural disasters, fires, wars, attacks, coups d´état, interruptions in the “Web Site” derived from major technical problems determined by the “Company”, will not be considered as non-compliance of the services of the “Company”, “Lawyer” and the “Agent”. Neither will be considered as non-fulfillment of the services of the “Company” the delays and errors of the different administrative instances or competent courts and international organisms, which are related to the service being provided.
17. By submitting the Service Request, the “User”, not “Holder”, certifies that he/she is authorized by the “User” to request the services and commit him/her to the terms and conditions of this Agreement.
18. The “Company” will not reimburse the “Fee” paid in case of errors or omissions made by the “User”, including but not limited to the non-compliance with the terms and conditions of this “Agreement”, the delivery of erroneous information when making any “Service Request”, the incorrect modification of information necessary for the processing of these, and the delivery of documentation out of time.
The refund period for requested services that are pending delivery of documentation or information by the client is 30 days. After this period only the official expenses of the Office will be refunded.
19. The “User” is responsible for contracting with the “Company” through the “Web Site”, within the deadlines set by the “Company”, the legal services in case of objections, oppositions, refusals and rejections in the processing of the “Service Request”. The “User” must bear in mind that the deadlines are irreplaceable, that is to say, that if he/she does not comply with what is required within that time, the right of action is lost, which normally leads to the loss of the registration request.
20. The “User” accepts and declares that, in case of not contracting certain services within the term required by the “Company”, it is presumed by right that he/she has no interest in continuing with the processing of the respective “Service Request”, terminating the “Contract”, without the reimbursement of money under any concept, on the part of the “Company”.
21. The “Charges” for the different services offered on the “Web Site” are those in effect at the time of payment by the “User”.
MIREGISTRODEMARCA.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS RATES, PRICES AND BILLING METHODS, FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON PUBLICATION ON THE SITE OR AFTER SENDING AN EMAIL TO THE “USER”.
22. The “User” declares that by the sole fact of completing any “Service Request” form, he/she guarantees to the “Company” that all the information provided therein is true and that it is based on the principles of good commercial faith. Furthermore, he/she guarantees that he/she is fully aware of this “Agreement” and the other contracts associated with it.
23. The “User”, by means of this “Agreement”, declares that he/she is solely responsible for any claim, proceeding, damage, injury, loss or cost that may arise from or be related to his/her actions.
24. The “Company” is not responsible for the publication and/or content of the website. Nor is it responsible for any claims, demands, lawsuits, judgments, damages, costs or expenses related to the violation of the rights of third parties claimed by them, in or out of court. The “User” declares his full responsibility for any claim, proceeding, damage or defamation.
25. User” agrees to indemnify and hold harmless the indemnified parties from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms, or the infringement by you, or other users of the Site who have used your computer, of any intellectual property right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by “User”.
26. The “Company” is not responsible for the publication, nor for the content of the pages of the site nor for the claims, lawsuits, demands, damages, costs or expenses related to the violation of the rights of third parties and claimed by them before and out of court. The “User” declares that he/she is fully responsible for any claim, proceeding, damages, injury and costs that may arise from or be related to an event of his/her own or linked to his/her website.
27. It will be the sole responsibility of the “User”, the content of the web domain names that the company requests and registers at the request of the “User”, whose registration must not contravene the regulations in force, morality and good customs. In case of non-compliance with the above, the “User” must respond before the competent authorities, releasing the “Company” from any responsibility.
28. The “Company” or “Lawyer” and the “Agent” shall be obliged to grant the requested service after: (a) Having received from the “User” the information required in the respective “Service Request” (b) The payment of the respective fee or price (c) The Power of Attorney, in case it is necessary.
29. The “User” must provide and cooperate, during the process of processing the required “Service Request”, in a comprehensive, complete and timely manner, delivering accurate and reliable information, and must respond to the information requirements requested by the “Company” within the response deadlines indicated by the “Company”.
30. The Trademark Registration grants the “Holder” the right to use the trademark in the form in which it was granted and for the products, services and industrial or commercial establishments included in such rights, as established and granted by the local laws and regulations of each country.
31. The Site has created a Privacy Policy, which sets forth how information collected about the “User” is collected, used and stored. By using the Site, “Users” acknowledge and consent to our privacy policy. The “User” further acknowledges and agrees that the Site may use his or her personal information in the manner described in our Privacy Policy.
32. The “Company” may terminate this “Agreement”, the “Contract” and the authorization to the “User” to use this “Web Site” from the moment the “User” ceases to comply with the contracted obligations. The following shall constitute grounds for the termination of this “Agreement”: (a) The provision by the “User” of inaccurate information. (b) The refusal of the “User” to update or deliver the requested information. (c) The non-delivery of instructions to the “Company” within the terms required by the “Company” to continue with the procedures related to the contracted services.
33. All communication between the parties shall be by e-mail or telephone, addressed to the addresses of the “Contracting Parties”.
34. These Terms, the use of the Site and MIREGISTRODEMARCA.COM collection and use of customer information shall be governed by, construed and enforced in accordance with the laws of the country for which the services are ordered, without regard to its choice of law provisions. Any suit brought by the “User” or a third party to enforce these Terms in Argentina shall be brought only in the state or federal courts located in the Autonomous City of Buenos Aires - Argentine Republic, and the “User” expressly consents to the jurisdiction of such courts.
Further, “User” agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be brought within one (1) year after such claim or cause of action arises. Otherwise, it will be forever barred.
35. The “Company” reserves the right, without expression of cause, to reject any service request. Any new service request ordered directly to our executives, without using the “Web Site” will be subject to these Terms of Use. You agree that, MIREGISTRODEMARCA.COM may terminate any account where it believes, in its sole and absolute discretion, that you are transmitting or connecting with any spam or unsolicited mail. If the damages created cannot be reasonably calculated, you agree to pay MIREGISTRODEMARCA.COM liquidated damages in the amount of $5.00 for each piece of spam or unsolicited mail that is transmitted or found to be connected to your account.
36. The Site has the right to terminate your access for any reason if we believe that you have violated these terms in any way. You agree not to hold the Site liable for such termination and further agree not to attempt to use the Site after termination.
37. You agree that, except as otherwise provided in these Terms of Use, there shall be no third party beneficiaries to these Terms.
38. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been infringed, please provide the following information to the Site Intellectual Property Attorney or Agent: a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the Intellectual Property Rights claimed to have been infringed, or, in the case of multiple Intellectual Property covered by a single notification, a representative list of such infringement;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MIREGISTRODEMARCA.COM to locate the material on the Site;
d. Your name, address, telephone number and email address and information reasonably sufficient to permit MIREGISTRODEMARCA.COM to contact the complaining party, such as address, telephone number and, if available, an email address at which the complaining party may be contacted; e. A signed statement that You have a good faith belief that the disputed use has not been authorized by the owner of the Intellectual Property Rights, its agent or the law; and f. Your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner´s behalf. Our Intellectual Property Attorneys or Agents may be contacted as follows: Lawyer or Intellectual Property Agent MIREGISTRODEMARCA.COM, Email: abuse@miregistrodemarca.com (Please put Intellectual Property Infringement as subject matter).
39. The Site may, in appropriate circumstances and at its sole discretion, deactivate and/or terminate the accounts of those Users who may be repeat infringers.
40. Translations of this Policy are made for local requirements, and in the event of a dispute between the English and non-English versions, the English version of this License Agreement shall govern.
41. Please report any violations of these Terms to: abuse@miregistrodemarca.com
42. You acknowledge and agree that if any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In addition, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision. The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by the Site.
43. You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and content that you upload, post or otherwise make available on the Site if required to do so by law or in the good faith belief that such access, preservation or disclosure is necessary to: (a) comply with legal process; (b) comply with legal requirements imposed by federal, state laws or authorities; (c) enforce these Terms; (d) respond to claims that any content infringes the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of this Site, its Users and the public.
44. The Site has no control over, and is not responsible or liable for, the content of, or statements made on web sites that may be linked to or from the Site, whether or not they are affiliated with the Site. MIREGISTRODEMARCA.COM is also not responsible for the privacy practices or the content of other web sites that contain links to or from the Site.
INTELLECTUAL PROPERTY
The entire Site, unless expressly stated otherwise, is protected by laws and international treaties on copyright, trademarks, programming code and software, so that all content and without limitation to: text, images, files, databases, management systems and other materials offered via this Site are the property of MIREGISTRODEMARCA.COM. The Site may also contain trademarks and logos relating to other products and services, such as those belonging to quality certification entities, electronic payment providers, credit cards, customers, etc.; all of which are the exclusive property of their respective owners. The improper use and total or partial reproduction of such contents is prohibited, unless expressly authorized in writing by their respective owners.
SERVICE CONTRACT
1. The TERMS AND CONDITIONS OF USE AGREEMENT and the PRIVACY POLICY are an integral part of this Agreement.
2. The present contract is between the “User” who requests the services through the “Web Site”, and MIREGISTRODEMARCA.COM, hereinafter, the “Company”, who will act directly or through its “Attorneys” and/or “Agents”.
FEASIBILITY STUDY
1. Once the “User” has completed the “Feasibility Report Request”, through the “Web Site”, the “Lawyer” and/or “Agent” will proceed to make the report, according to the request made by the “User”.
2. The Feasibility Study is carried out taking into account the use of the trademark described by the “User”. With the description of the use of the trademark, the “Lawyer” and/or “Agent” determines the class(es) in which the Feasibility Study will be carried out, which includes a search for similarity in the corresponding class or classes.
3. The Feasibility Study is executed considering the classes informed and agreed by the “User”, based on the international Nice classification, with the latest version in force.
4. The Feasibility Study will be carried out only on similarities of names and phonetics in the requested classes, except for graphic searches. For feasibility studies in some countries, the client will be promptly informed of the current value and delivery times, depending on the country of registration.
THE FEASIBILITY STUDY INCLUDES:
a. Report on trademark protection: in order to achieve an optimal protection of the trademark, the “Company” will advise the “User” regarding the class(es) in which the Feasibility Study should be carried out.
b. The “Company” will inform the “User” when it is advisable to carry out searches in additional classes to those indicated when contracting the service. In case the “Company” does not receive a new “Feasibility Study Request” through the “Web Site” and the corresponding payment within the term indicated in the communication, it will be understood that the “User” renounces to these additional classes.
c. Search: the “Company” will carry out a search in each of the classes indicated by the “User”, in order to detect registered or applied trademarks that have a denominative or phonetic similarity with the trademark object of the Feasibility Study, in some cases only trademarks will be evaluated by their denomination, which will be informed in the tariff of each country.
d. Analysis and Recommendations: the “Company” will present to the “User” an estimate of the probabilities of registration of its trademark and a recommendation as to the convenience of applying for registration and in which classes, based on the search carried out and on its own experience in the matter.
e. Proposed Application for Registration: the “Company” will submit for consideration of the “User”, a proposed “Application for Trademark Registration”, which may be used as a reference in the next step to apply for trademark registration online.
f. The Feasibility Studies are carried out by Attorneys and Agents experts in Trademark Registration and their recommendations are based on the research of similar trademarks officially published and on their professional experience. Due to the subjective nature of the trademark search and the possible inaccuracies that the databases of the “Trademark Offices” may contain, the “Company” does not guarantee that the Feasibility Study is free of errors and/or totally complete. Likewise, the result of the Feasibility Study does not guarantee the granting of the Trademark Registration by the “Trademark Office”. Consequently, the “User” accepts the aforementioned terms, conditions and limitations and releases the “Company, the ‘Attorney’ and/or ‘Agent’ from any liability.
g. The Contract will come into effect when the “User” requests the Feasibility Study through the “Web Site” and the “Company” receives the corresponding payment for the service.
h. The Contract will cease its effects when the “Company” informs the “User” that its Feasibility Study is available in the “Client Area” section of the “Web Site” or sent by e-mail to the “Users” registered e-mail address.
i. The “User” is absolutely responsible for the data provided in any service request available in the “Web Site”, whether they are recommended or not by the Feasibility Study carried out by the “Company”.
TRADEMARK APPLICATION
1. The “User” undertakes to send to the “Lawyer” and/or “Agent” within 15 days after the request of the “Registration Application” service, a “Power of Attorney” of the “Holder” and/or its representative. The terms of the Power of Attorney, its formality and the additional documentation required are available on the “Web Site” in the section of the country in which the “Registration Application” is to be submitted.
2. The “Company”, undertakes to provide the following services once the “User” has completed the “Registration Application”, through the “Web Site” and the “Company” has received the “Power of Attorney” and the corresponding payment for the service:
a) Processing the application: The “Attorney” and/or “Agent” must (i) prepare and file the “Application for Registration” before the Trademark Office, according to the instructions indicated in the “Web Site” by the “User”, and (ii) pay the initial official fees and charges, on behalf of the “Holder”, in order for the trademark registration process to continue.
b) Periodic information: The “User” will be informed by the “Company”, when so requested or circumstances so require, regarding the progress of the registration process of its trademark. Additionally, the “User” will have access to the status of the registration process of his trademark through the “Web Site” in the “Client Area” section.
c) The “Company” shall notify the “User” when its “Application for Registration” is accepted, objected or is the object of an opposition by a third party. If the trademark is accepted, the “User” will be able to request, in the corresponding cases, the “Certificate or Registration Title” within the terms established by the “Company” for the services included and payments required for the management. If the “User” does not request this service, the “Certificate or Title of Registration” will remain pending and will not be delivered, or the mark will be considered abandoned.
d) Advice in case of objections: In case of objection or opposition of the “Registration Application”, the “Company”, shall communicate this situation to the “User”, shall make a recommendation on the steps to follow, and inform the costs involved. In this communication, the “Company” will require the “User” to indicate within a specified term, which are the actions he/she has decided to adopt.
e) The “Company” shall not be responsible for any possible obstacles or rejections that the registration process may experience, due to the lack of response from the “User” within the established term. Consequently, the amount paid for the service will not be refunded.
f) In case the “User” maintains his interest in registering the trademark, after the expiration of the terms, he must request again this service in the “Web Site”.
g) The “Holder” of the trademark will have the rights of use, enjoyment and disposition of the trademark, once it is registered. As soon as the registration number is available, the “Company” will inform the “Holder”.
3. The Agreement shall enter into force when the “User” requests the “Trademark Registration” through the “Web Site” and the “Company” receives the corresponding payment for the service.
4. The Agreement shall cease to have effect, when the “Company” communicates to the “User” the final decision of the Trademark Office granting the registration of the trademark or refusing it, based on an objection or opposition or articles of the Trademark Law.
5. In the event that the trademark application is rejected due to an objection or opposition, the “User” may continue with its defense and for this purpose must hire the corresponding Legal Service, within the term indicated in the communication from the “Company”.
6. In the event that the defense action is satisfactory to the “User”, this Agreement shall extend its term until the new resolution of the Trademark Office granting or rejecting the “Application for Registration”.
OF THE TRADEMARK REGISTRATION CERTIFICATE/TITLE
1. Once the “Registration Application” is granted, the “User” may, within the terms established by the “Company”, request the “Registration Certificate or Title”. This service includes the payment of the final registration fee and the performance by the “Company” of all the necessary actions in order to obtain and send via e-mail the certificate to the “Holder” in his “Client Area”. This procedure is applicable only to certain countries.
2. As soon as the “Company” has news about the registration of the trademark, it shall notify the “User” of this fact without further delay.
3. The “User” must communicate to the “Company”, within the term established in the aforementioned notification, its intention to acquire the “Certificate or Registration Title”, by means of the request of this service through the “Web Site” and payment of the rates and/or fees indicated in the notification.
4. Likewise, the “User” must indicate to the “Company” if he/she requires the certificate to be sent by conventional mail or courier and the address to which it should be sent. In case of sending by courier there will be an additional charge for the service. The “Company” will only be able to guarantee the delivery of the certificate and the absence of delay, when it has been sent by registered mail.
5. If the “User” does not request this service, or does not comply with any of the aforementioned requirements, the “Certificate or Registration Title” will not be forwarded, and the process will be kept pending or considered abandoned.
6. The Contract will come into force once the “User” confirms the request for the “Certificate or Registered Title” through the “Web Site” and pays the corresponding rates and fees for the service.
7. The Contract will cease its effects, once the “Company” sends to the “User”, according to the instructions, the “Certificate or Registration Title”.
OTHER SERVICES
1. It is necessary to be registered as a “User” to access “Other Services”, in addition to feasibility studies, trademark registrations, web domain registration and copyrights, since these are not available on the “Web Site”.
2. Those “Users” who are not registered, may open an account through the “Web Site” in the “Client Area” section. Once the registration process is completed, the “User” will receive confirmation of this by e-mail.
3. In order to request “Other Services”, the “User” must contact the “Company” through the “Web Site” in the “Contact” section, via telephone, or if he/she is currently a client, directly with the “Account Executive” in charge of his/her brands, from his/her Client Area.
4. When contacting the “Company”, the “User” shall indicate the service required along with all the data required to estimate the time needed to perform them, costs and steps to follow. The “Company” shall, within a reasonable period of time, submit to the “User” a quotation or cost estimate for the requested services.
5. Once the quotation is approved by the “User”, the “Company” will enable the payment of such services through the “Web Site” in the “Client Area” section.
6. As soon as the payment is received by the “Company”, it shall immediately instruct the corresponding “Lawyer” and/or “Agent” to proceed to manage the contracted service.
7. The Contract will come into force once the “User” sends through the “Web Site” or e-mail the service request and makes the payment of the contracted services.
8. The Contract will cease its effects, once the “Company” informs the “User” the conclusion of the requested service, when it is successful, or the final resolution that denies, rejects or cancels the subject matter of the service.
WEB DOMAIN NAME REGISTRATION
1. Once the “User” has completed the form and paid the fee, for the “Internet Domain Name Registration Request” in the “Web Site”, the “Company” shall provide the following services:
a. To process the application: The “Company” must submit the “Internet Domain Name Registration Application” to the “Registry Administrator” of the corresponding “Domain Name/s”, according to the requested domain level (global Top Level Domain “gTLD” or country Top Level Domain “ccTLD”). Likewise, it will have to pay on behalf of the “User”, the taxes and/or other charges if applicable. The “Company” will be the administrative and technical contact before the “Registry Administrator”.
b. Periodic information: The “User” will be informed periodically, upon request or when circumstances warrant, about the progress of the registration process. Additionally, the “User” will be able to access information on the status of the registration process through the “Web Site” in the “Client Area” section.
c. Advice in case of objections: During the processing of the “Web Domain Name” the “Registration Administrator” may issue objections of an administrative nature or reject the registration, in which case the “Company” will notify the “User” of the decision of the “Registration Administrator”, at the same time as it will recommend the steps to be taken. In such notification, the “Company” shall require the “User” to respond with respect to the appropriate actions, within the term indicated therein.
d. Communicate the “Registration of the Domain Name”: Once the “Registry Administrator” authorizes the domain name, the “Company” will communicate such registration to the “User”.
e. If the “User” grants a third party a license to make use of the “Web Domain Name”, the “User” will remain solely responsible for the correct delivery of its data and for keeping the administrative and technical contact information updated, in order to facilitate the resolution of any problem related to the “Web Domain Name”.
f. The “User” must comply with all the regulations established by the “Internet Corporation for Assigned Names and Numbers” (ICANN), and by the “Registry Administrator”.
g. For Canadian domains (.ca), according to the Canadian Internet Registration Authorities (CIRA), only individuals or entities that are Canadian residents (or have such nationality), can register .ca domains, local presence or trademark in the country.
h. If you do not meet the requirements described above, you can still register a .ca domain name by owning a registered trademark in Canada (in this case the domain name must be the same or at least include the name of the trademark. You may apply for the cost of registering a trademark in Canada).
i. The “Company” will assume that the “User” requesting the web domain, is the owner of a trademark registered in Canada when the data of the owner of the domain is not of a resident, understanding that the domain is being requested based on a trademark previously registered by the “User”.
j. The User shall be responsible for providing any additional information requested.
Under no circumstances shall the “Company” be liable for:
1. The suspension, cancellation, deletion, interruption, or transfer of the domain name by virtue of procedures, rules or regulations issued by ICANN or the “Registry Administrator”, or by reason of judicial custom or usage.
2. The refusal by the “Registry Administrator” to grant the “User” and/or “Registrant” the “Web Domain Name”, for any reason whatsoever. As provided by ICANN, the “Users” personal data included in the registration application submitted to the “Registration Administrator” will be available to the general public. This data will also be used by the “Company” for its own databases and registration requests.
3. Once the “Web Domain Name” is duly registered the “Registrant” will have full right to make use of it, which will be informed by the “Company”. The rights over a “Domain Name” are subject to suspension or cancellation by reason of new policies adopted by ICANN, or by any procedure or policy of the “Registry Administrator”.
4. The “User” waives any indemnification action against the “Company” and agrees to hold the “Company”, its directors, “Attorneys”, “Agents”, and employees harmless from any liability for damages, claims, legal liability, costs or expenses arising from or related to the hiring of this service.
5. The “Company” shall be entitled to terminate the “Agreement” if the “User” does not comply with any of its clauses or those of the Uniform Domain Name Dispute Resolution Policy (UDNDRP). In addition, the contract will be subject to modifications, which the “Company” will be obliged to adopt, as a result of changes in governmental policies or procedures, or those of ICANN, or of the “Registry Administrator”.
6. In case the “User” requests to change the “Holder” of a domain, the service may incur in an additional cost, where the “Company” must inform the “User” about the cost of the task. The “User” must pay the associated cost before starting the process of updating the “Holder”. The “User” must also send documentation signed by the current “Holder” approving the change of ownership. In case the “User” wishes to transfer a .AE domain to another domain registrar, we will assist the “User” according to the respective policies.
7. The Domain Name is registered for a limited period of time. In order to keep the Domain Name in force, the “User” must periodically pay a renewal fee, which will be indicated in the “Companys” tariffs. In case the renewal fee is not paid at the end of the registration period, the domain name will be cancelled and/or suspended by the “Registry Administrator”.
8. The “Company” will inform the “User” the expiration date of its “Web Domain Name(s)” so that the “User” may proceed to pay the renewal of the respective registration. The initial period of registration will be for 1 year and thereafter must be renewed annually, by paying the renewal fee/s for its administration and maintenance. With the exception of some countries that must be initially registered for 2 years.
9. For some countries, the expiration date of the “Domain Names” may vary from the date of your request and will be informed in due course.
10. In countries where the “Company” offers the Trustee service, the domain will be registered under the name of the “Company” or its representative. The “User” will have the right to use the domain and the “Company” accepts to update the information of the domain holder to that of the “User” if he/she complies with the established requirements, service that may incur in an additional charge that the “Company” will inform the “User” before proceeding with the modification.
11. If the “User” wishes to transfer the domain to another domain registrar and is using the Trustee service, he/she will first have to update the owner and pay the associated fee.
12. The “Company” and its representatives are not responsible for the content of the domain names requested and registered at the request of the “User”. It will be of exclusive responsibility of the “User”, that his domain name does not contravene the regulations in force, the moral and the good customs and to answer by himself before the competent authorities in front of any claim, procedure, damage, injury, loss and costs that can arise or that are related to the bad use of his domain name, releasing the “Company” and its representatives of any responsibility.
13. The “Company” reserves the right to cancel the “Web Domain Name” if the “User” engages in illegal activities in the country where the “Web Domain Name” has been registered.
14. The Contract will come into force once the “User” sends through the “Web Site”, via fax or e-mail the “Web Domain Name” registration request and pays the fees or prices corresponding to the service.
15. The Contract will cease its effects once the “Company” informs the “User” the final decision of the “Domain Name Administrator” in which the domain name registration is granted or rejected.
16. The Contract shall also cease to have effect in the following cases:
a. By decision of either party;
b. The “User” does not update the information, or does not provide the information required by the “Company”.
c. Failure to pay the required fees.
17. In case of Country Code Top Level Domains, or “ccTLDs”, the Agreement shall be interpreted and governed by the laws of the country where the “Application for Registration” has been made.
18. In case of Global Top Level Domains, or “gTLDs”, the Contract will be interpreted and governed by the laws of the country where the “Company” has billed the “Registration Application” made by the “User”.
Safeguarding your privacy is important to us. Please read our privacy policy carefully. Confidentiality and data protection rules.
MIREGISTRODEMARCA.COM, through its brand MIREGISTRODEMARCA.COM is committed to adopting a policy of confidentiality and data protection, in order to protect the privacy of personal information obtained through its website.
MIREGISTRODEMARCA.COM reserves the right to modify the Rules of Confidentiality and Data Protection detailed below, in order to adapt them to new legislative, jurisprudential, technical requirements or all those that allow you to provide better services and content, with which it is advisable to review these rules periodically.
Also, due to the fact that certain services and contents of MIREGISTRODEMARCA.COM may contain specific rules regarding confidentiality and data protection, it is recommended to the Users to take specific knowledge of them.
It is under the rules of confidentiality and data protection, all personal information that the user enters freely and voluntarily to the website www.miregistrodemarca.com, as well as those who must enter compulsorily, such as username, e-mail and password. The User may enter his/her personal data during registration to the www.miregistrodemarca.com website and on other occasions such as in contests, promotions, purchases, etc. The type of information includes, but is not limited to, names, surnames, company name, address, telephone number, National Identity Card, CUIT/CUIL/CI/RUC, etc., address, marital status, e-mail, sex, age, date of birth, trademark priority information. The user can modify or update some of this information at any time, in this way www.miregistrodemarca.com will be able to provide services and content more in line with your profile.
The personal data voluntarily entered by the Users and contained in the confidential information, are used to provide the User with a more personalized service and content according to their needs, and where appropriate, offering content that may be of greater interest to our management. www.miregistrodemarca.com, will provide this service with the express consent of the User.
Cookies are small pieces of information, transferred from the hard drive of the Users computer through the Internet, that allow the identification of computers connected to a Web site. Cookies are anonymous. The access to information through cookies, allows www.miregistrodemarca.com to offer the User who has previously and voluntarily given their consent, a more personalized service, as they reflect their habits and preferences. It is also important to clarify that these terms of confidentiality and data protection are only applicable to data collected on the website www.miregistrodemarca.com.
MIREGISTRODEMARCA.COM, will not share confidential information with third parties, except with the express authorization of those who subscribed, or when it has been required by court or legal order, or to protect the industrial and intellectual property rights or other rights of www.miregistrodemarca.com.
MIREGISTRODEMARCA.COM, does not sell or rent user information. If the Users personal data should be shared with business partners or sponsors, the User will be notified before they are collected or transferred. If you do not want your data to be shared, you can decide not to use a particular service or not to participate in certain promotions, outreach, community, recommendation links or contests.
The personal data provided by the User will form part of a file containing his/her User profile and Client Area. By accessing it, the user can modify and / or update part of them at any time. MIREGISTRODEMARCA.COM, advises the User to update their data periodically or whenever they undergo any change (for example: change of address, contact telephone, marital status, etc.), as this will allow us to provide a service according to their needs and interests.
If you purchase our services, we will request certain personally identifiable information from you on our registration and/or user application form. You must provide contact information such as first and last name, ID number, marital status, if married spouses first and last name, email address, contact telephone number, home address, city, zip code, country of residence. Also financial information (such as credit card number, expiration date, authorization code, this action will be operated by third parties only for credit card transactions. We use this information for billing purposes and to fulfill your orders. If we have difficulty processing an order, we will use this information to contact you.
We use third-party payment services (e.g., Paypal, Mercado Pago, Wise, Payoneer, among others) to provide credit card payment options on our site. When you pay by credit card, we will forward your credit card information, as necessary, to third parties so that they can provide this service to you.
These third parties are prohibited from using your personally identifiable information for any other purpose. These third parties have high security measures in place to protect the loss of information, misuse, or alteration of information. The sites have secure servers and all personal information is fully encrypted during the transaction.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can send us an email through our contact form.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on registration or order forms, payment providers encrypt that information using Secure Sockets Layer (SSL) technology.
WARNING
MIREGISTRODEMARCA.COM informs the “User” that notwithstanding the above with respect to security measures, its investments in this area, and all measures taken, it is possible that a leakage of information that is absolutely alien to the activity of the “Company” may occur. The “User”, by accessing this site and using the services offered, accepts this contingency and exempts MIREGISTRODEMARCA.COM from any liability, waiving any claim for compensation.
The information provided by the User when registering in www.miregistrodemarca.com, is technologically protected and can only be accessed by the same User through a password or in cases where the user requires it, the members of the area designated to this task.
The User is solely responsible for maintaining his password and account information. To reduce the risks MIREGISTRODEMARCA.COM recommends the User to log out of his account and close his browser window when he finishes his activity, especially if he shares his computer with someone else or uses a computer in a public place, such as a library or a “public internet café”. Although www.miregistrodemarca.com, has a technological protection system that goes from its servers to the exit to the Internet, no Internet transmission can guarantee 100% security. MIREGISTRODEMARCA.COM, cannot guarantee that the information entered to its web site or transmitted using its service is completely secure, with which the user runs its own risk.
Safeguarding childrens personal information is extremely important. www.miregistrodemarca.com does not request personally identifiable information from minors. Minors should always seek parental permission before using www.miregistrodemarca.com services and content or submitting personal information to another User online. The Site is not directed to children under the age of 18. The Site does not collect or distribute information indicating whether the User is a child.
Service Related Announcements
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we may send you an email. Generally, you may not opt out of receiving these communications, which are not promotional in nature. If you do not wish to receive them, you have the option of communicating such a decision by.
This Privacy and Data Protection Statement is subject to the Terms and Conditions of MIREGISTRODEMARCA.COM, which constitutes a legal agreement between the “User” and MIREGISTRODEMARCA.COM
If the “User” uses the services of www.miregistrodemarca.com, it means that he/she has read, understood and accepted the above terms. If you do not agree with them, you have the option not to provide any personal information, or not to use the service of www.miregistrodemarca.com.