INTELLECTUAL PROPERTY RIGHTS
TRADEMARK SOLUTIONS acknowledges that it is the sole owner of the intellectual property rights, whether registered or unregistered, on the Website (www.tmsolutions.mx), including but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, logos, trademarks, domain names, trade names, and data included on the Website (www.tmsolutions.mx).
All Content is protected by intellectual and industrial property laws in Mexico. TRADEMARK SOLUTIONS owns the copyright with respect to the selection, coordination, arrangement, updating, and use of all Content.
Access to this Website (www.tmsolutions.mx) does not grant and may not be considered a license and/or authorization of any kind regarding the intellectual property rights owned or licensed by TRADEMARK SOLUTIONS. The names and logos owned by TRADEMARK SOLUTIONS, all related products and service names, trademarks, designs, and commercial slogans are registered trademarks. All other trademarks are the property of their respective companies. No trademark license is granted in connection with the materials contained on this site. Access to this site does not authorize anyone to use any name, logo, or trademark in any form.
Users are advised that such rights are protected by applicable Mexican and international legislation on intellectual and industrial property. Copying, reproduction, adaptation, modification, distribution, commercialization, licensing, transmission, disclosure, public communication, and/or any other action that constitutes an infringement of applicable Mexican or international intellectual and/or industrial property legislation is prohibited, as is the use of the Site's content without the prior express written authorization of TRADEMARK SOLUTIONS.
ADVERTISING MATERIAL
The User acknowledges and accepts that certain parts of the Website (www.tmsolutions.mx) may contain information, images, advertisements, and other advertising or promotional material from third-party sponsors and advertisers (hereinafter “Advertising Material”). Advertisers and sponsors are responsible for ensuring that the Advertising Material submitted for inclusion on the Website complies with applicable laws and regulatory codes. TRADEMARK SOLUTIONS is not responsible for any error or inaccuracy in the advertising materials.
PROMOTIONS
TRADEMARK SOLUTIONS will inform Users subscribed to the newsletter, by email, of all future promotions and opportunities, together with their respective dates and conditions. Promotions will have their own specific terms and conditions, and Users interested in participating will be responsible for reading and understanding those terms and conditions.
CONTRACTING OF SERVICES
The information about the services advertised on the Website (www.tmsolutions.mx) is accurate and consistent with their characteristics. The images that appear on the Website are for illustrative purposes and are shown as a general guide. We recommend verifying the purchase conditions before placing an order, in order to confirm the terms, conditions, and restrictions that may apply to each service.
All service prices are published in National Currency and include VAT and any other taxes that may apply. These amounts will be shown before you place an order, so that you are able to accept them. The format in which prices are displayed on the Website may vary depending on browser version, operating system, or internet browsing device, which may result in variations when using different devices.
If any inconsistency or error occurs when prices are published on the portal, we will inform you of the situation so you can confirm whether you still wish to purchase the service, or cancel the order and request a refund of the amount paid. If the purchase has not been completed, the change in price and availability will be reported when you access the shopping cart.
Once the purchase has been made by the User, through implicit acceptance of the Terms and Conditions of Use, TRADEMARK SOLUTIONS will send an email to the User informing them of the details of the purchase made.
PAYMENT AND BILLING
You can pay securely with any Visa, MasterCard, or American Express credit or debit card, payment at affiliated stores, electronic transfer, or deposit at a bank branch, through a payment platform provided by OPENPAY (https://www.openpay.mx/). Please note that final authorization of the purchase will depend on the Card Issuer, so for any questions or clarification in this regard, we suggest contacting them directly. Payment can also be made through affiliated merchants, which will take effect once confirmation is received from that merchant. Only after payment is confirmed will the service begin to be provided to the User. TRADEMARK SOLUTIONS reserves the right to request official documents from its clients, as a means of validating the process of contracting services through the Site. For further details, please refer to the Payment Processor's Terms and Conditions at https://www.openpay.mx/terminos-servicio.html.
The order number assigned when the transaction is carried out on the Site does not imply acceptance of the transaction. If there is any problem with the order, the User will be contacted by email from the address marcas@tmsolutions.mx.
If the corresponding Banking Institution disputes (does not recognize) charges made by the applicable User by credit card arising from transactions carried out on the Site, TRADEMARK SOLUTIONS reserves the right to take the appropriate legal action and establish the corresponding liabilities, as applicable, as well as to take any internal actions, which may range from charging said User's credit card again to permanently canceling the User's account on the Site, for which no prior authorization from the User will be required.
ORDER ACCEPTANCE
Once the purchase has been made and the payment has been credited, the order and payment confirmation will be sent by email, along with details of the service(s).
Once the order has been placed, the purchase process begins; if you do not receive any of the purchase confirmation emails, you will need to go to our page and log into your account or your email marcas@tmsolutions.mx.
RESTRICTIONS FOR MINORS
TRADEMARK SOLUTIONS does not intentionally sell to minors, so parents and legal guardians are advised to carry out purchase or registration activities on the Website themselves. Parents or legal guardians of minors will be responsible for acts carried out by them under these Terms and Conditions of Use, including damages caused to third parties, actions carried out by them that are prohibited by law and by the provisions of this agreement, without prejudice to the liability of the User, provided that the User is not the parent or legal representative of the minor who committed the infraction.
SERVICES
The services consist of the preparation, filing, and prosecution of trademark or commercial slogan applications. In addition, if registration is granted, the services may include the maintenance and upkeep of those rights. TRADEMARK SOLUTIONS is not responsible for the examination and granting of applications, since that function is the responsibility of the Mexican Institute of Industrial Property.
SITE LICENSE
Subject to compliance with these Conditions, a limited, non-exclusive, non-sublicensable, revocable, non-transferable license is granted for: (i) access to and use of the Site on your personal device solely in connection with your use of the services; and (ii) access to and use of any content, information, and related material that may be made available through the services, in each case solely for your personal, non-commercial use.
USER ACCOUNTS.
In order to use most aspects of the services, you must register and maintain an active personal user account for the services (“Account”). To get an Account, you must be at least 18 years old. Registering an Account requires you to provide certain personal information, such as your name, address, mobile phone number, information about the trademark or commercial slogan to be filed, billing information, as well as at least one valid payment method (either a credit card or an accepted payment method). You agree to keep the information in your Account accurate, complete, and up to date. If you do not keep your Account information accurate, complete, and up to date, including having an invalid or expired payment method, this may result in your being unable to access and use the services or in the termination of these Conditions entered into with you. You are responsible for all activity that occurs on your Account and agree to keep your Account's username and password secure and confidential at all times.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining internet access from your personal device, which is necessary to use the services. Your internet service provider's data rates and fees may apply if you access or use the Website, and you will be responsible for those rates and fees. You are responsible for acquiring and updating the compatible hardware or devices necessary to access and use the services and the Website, and any updates to them. We do not guarantee that the services, or any part of them, will work on any particular hardware or device. In addition, the services may be subject to malfunctions or delays inherent to the use of the internet and electronic communications.
MODIFICATIONS TO THE SITE www.tmsolutions.mx
TRADEMARK SOLUTIONS may, at any time and whenever it considers it appropriate, without any need to notify the User, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of said site, without this giving rise to any claim or right to compensation, nor implying any acknowledgment of liability in favor of the User.
TERM, TERMINATION, AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE
TRADEMARK SOLUTIONS, as well as the User, acknowledge that the Terms and Conditions are of unlimited duration, and will take effect as of their publication on the Site.
TRADEMARK SOLUTIONS reserves the right to make changes to this document without prior notice. For this reason, TRADEMARK SOLUTIONS recommends that the User read this document regularly, so as to stay informed of any changes. Changes to this document will take effect immediately upon publication on the Site. Once the changes have been made, any User who continues to use the Site will be presumed to have full knowledge of, to have read, and to have consented to the amended Terms and Conditions. If the User does not accept the amended terms and conditions, the User must stop using the Website.
TRADEMARK SOLUTIONS may at any time suspend access to the Website and/or terminate these Terms and Conditions. The termination of these Terms and Conditions will under no circumstances mean that TRADEMARK SOLUTIONS must compensate the User.
SURVIVAL
These Terms and Conditions of Use, together with the additional terms, constitute the entire agreement between the parties, and supersede any other agreement or contract entered into previously. Any clause or provision of this agreement, as well as of the additional terms, that is legally declared invalid will be removed or modified at TRADEMARK SOLUTIONS' discretion, in order to correct its defect or flaw. However, the remaining clauses or provisions will keep their force, binding effect, and validity.
ADDITIONAL TERMS
From time to time, TRADEMARK SOLUTIONS may review, update, and/or add additional provisions to these Terms and Conditions of Use relating to specific areas or new services provided on or through the Website www.tmsolutions.mx, which will be published in the specific areas or new services of said site for reading and acceptance. The User acknowledges and agrees that such additional terms form an integral part of this agreement for all legal purposes to which they may give rise.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use will be interpreted and governed by the laws in force in Mexico City, Mexico.
INDEMNIFICATION
The User agrees to indemnify TRADEMARK SOLUTIONS, its affiliates, suppliers, vendors, and advisors against any action, demand, or claim (including attorneys' fees and court costs) arising from any breach by the User of this agreement; including, without limitation, those arising from:
- Any matter relating to the use of the website tmsolutions.mx.
- The information contained in or available on or through said Site, or insults, defamation, or any other conduct by the User that violates these Terms and Conditions in the use of the aforementioned Website.
- The violation of applicable laws or international treaties relating to copyright or intellectual property, contained in or available on or through said Website.
NOTICES AND CONTACT
Site made available by the Mexican company PANAMERICANA DE PATENTES Y MARCAS, S.C., with address at Av. Revolución 1392, 2nd floor, Col. Guadalupe Inn, CP 01020, Mexico City, Mexico. For any questions or suggestions, please contact one of our advisors by email at marcas@tmsolutions.mx.
By accepting our Terms and Conditions, you authorize us to send you notifications through various channels, including email, text message, automatic notices or messages on the website, or any other electronic or physical means determined by TRADEMARK SOLUTIONS; you may revoke this consent at any time by contacting us using the contact details provided. Likewise, during the registration process you authorize TRADEMARK SOLUTIONS to send you promotional emails; you can choose not to receive such promotional emails through the link found at the bottom of any promotional email. The foregoing is in accordance with the Federal Consumer Protection Law and its regulations.
Last updated: March 17, 2021