Terms and Conditions of CheckMarca
Last updated: October 22, 2024
These Terms and Conditions govern access to and use of our platform for intermediation in the registration of trademarks before INAPI (National Institute of Industrial Property). By using our services, you agree to comply with these terms.
1. Company Information
Name: Inversiones Andes Labs Spa
Tax ID (RUT): 78017171-5
Email: contacto@registrodemarcaschile.cl
Phone: +56 959112948
Address: Los Militares N°5620, office N°905, Las Condes, Santiago.
2. Services Offered
CheckMarca provides the following services:
Full management of trademark registration before INAPI.
Feasibility analysis to assess the viability of registering a trademark online.
Continuous monitoring of application status.
Basic technical advice on intellectual property matters (does not include full legal counsel).
We can also manage the registration of domain names with NIC Chile if required.
3. Terms of Use
Services are available to individuals aged 18 years or older.
Users may be required to create an account and provide accurate information.
The client is responsible for providing all documentation necessary for the process.
4. Payment and Refund Policy
The service fee is $140,327 + VAT + INAPI fees
Payments can be made by credit or debit card through available payment platforms such as Webpay Plus or by bank transfer.
If the registration process is rejected by INAPI, we offer a new submission at no additional professional fee (except for INAPI administrative fees and Official Gazette publications).
No refunds will be issued once the registration process has begun, except in cases of error attributable to our company.
5. Timelines
Registration timelines depend on INAPI and may vary, generally between 6 and 8 months.
CheckMarca will notify the client of any relevant updates throughout the process.
6. Limitation of Liability
We are not responsible for delays or failures in the registration process attributable to INAPI.
CheckMarca is not responsible for omissions or errors in documentation provided by the client.
We assume no liability for third-party intervention, such as opposition proceedings filed by other parties.
7. Disclaimer of Liability for Registration Denial
Inversiones Andes Labs SpA, as a company dedicated to trademark registration management, does not guarantee registration approval, as this decision is the exclusive responsibility of INAPI. Our commitment is to prepare and submit the documentation correctly and defend the application in the event of observations or oppositions.
8. Limitation of Liability and Waiver of Legal Actions
Inversiones Andes Labs SpA acts exclusively as a representative of the client before INAPI. By hiring our services, the client acknowledges and accepts that the company is not liable for INAPI's decisions or for any third-party actions that may affect the registration.
9. Commitment to Respectful Treatment
The client agrees to maintain respectful, courteous and appropriate communication with our team throughout the process.
10. Viability Guarantee
If after the feasibility analysis no issues are detected and the registration is rejected for reasons attributable to us, we commit to a new submission without additional professional fees.
The guarantee does not apply if rejection is due to:
Applicants who choose to proceed despite warnings about possible obstacles.
Third-party applications filed during the period between assessment and submission.
Bad faith on the part of the applicant, as defined in Article 20, letter K of Law No. 19,039.
Failure to pay the registration fee or client negligence.
11. Privacy Policy
All information provided by users will be used solely for the provision of our services and will not be shared with unauthorized third parties.
We protect personal data in accordance with applicable laws in Chile.
12. Intellectual Property
All content on our website, including texts, graphics, logos and software, is protected by intellectual property laws.
It is prohibited to use our content to infringe the intellectual property rights of third parties.
13. Amendments to Terms and Conditions
We reserve the right to modify these terms at any time. Changes will be communicated through the platform.
14. Termination of Services
Services may end in the following cases:
Acceptance of the registration of the trademark by INAPI.
Unilateral termination by the client (with no right to a refund of paid fees).
Rejection of the registration by INAPI.
Abandonment of the process due to non-payment of fees or client negligence.
15. Jurisdiction
Any dispute related to the use of our services will be resolved under the laws of the Republic of Chile, and will be subject to the jurisdiction of the courts of Santiago.