Terms and Conditions
Terms and Conditions
FLOCAR SERVICIOS JURÍDICOS, S. C. (henceforth FLOCAR), with home address at 296 Paseo de la Reforma, 38th floor, Colonia Juárez, C. P. 06600, Mexico City, Mexico, will use your personal data collected through their Website (www.flocarlaw.com), social networks (Facebook, Twitter and LinkedIn), as well as by electronic means such as E-mail, SMS, WhatsApp, telephone calls, fax and documents sent to Prospects/Leads, Clients, Providers, Strategic Allies and any other person in order to contact them, answer to their questions, assist them in their requests, provide them with services hired from FLOCAR, sending promotions, information of interest and in general terms to communicate with our consumers and general audience. For further information about the handling of your Personal Data and rights you can exercise, you can access a full Privacy Notice at www.flocarlaw.com/avisodeprivacidad.
HOW DO WE WORK?
FLOCAR offers, among others, filling, presenting, prosecuting and defending brands and commercial messages before the Mexican Industrial Property Institute (In Spanish, IMPI), as well as the writing and design of legal documents, which una non-restrictive way may be: contracts, agreements, promissory notes, etc. Such services can be requested through the website www.flocarlaw.com, where you will be able to submit all the necessary information in compliance with legislation in effect in order for us to provide the requested service.
It is worth noting that information provided by the Client will be the exact same one with which requests will be presented before IMPI or where appropriate, the same with which contracts will be made, so that it is the Client’s full responsibility to ensure the quality and truth of data and information provided. In case FLOCAR detects an omission/mistake in any of the data required for any of the services requested, an E-mail will be sent to the Client, or else FLOCAR LAW will contact him/her by any means in order to fix the issue before submitting the brand request or commercial message request before IMPI, or where appropriate, before the writing of any contract, with the purpose of avoiding any delay or official action within the procedures of IMPI.
FLOCAR sticks to a policy of confidentiality, privacy and secrecy regarding client information, for which all the information handed over by our Clients will be handled and guarded according to existing best practices and policies. Likewise, we hereby inform you that banking and financial information and data handed over within e-commerce transactions in this website will never be accessed by us; they will instead go straight to our certified banking services providers. For this reason, FLOCAR is exempted of any responsibility derived from any misuse of this kind of information. Nevertheless, should you have any question or you are charged incorrectly or additionally, we can help you mend it with our providers within our scope.
ASK FOR YOUR BRAND AT FLOCAR LAW TODAY
Distinctive signs, specifically brands, are defined by the Industrial Property Law as “any visually perceptible sign capable of distinguishing goods or services of one undertaking from those of other undertakings”. Given that the only authority with the capability to grant a registration after the procedure sanctioned by the said Law is the Mexican Industrial Property Institute (IMPI), it is the Institute who has the last word on the granting or denying the registration of a brand.
Likewise, it is worth noting that brands in Mexico are protected differently depending on the type of product or service they provide under a uniclass system, that is to say, if a certain brand “X” is used to distinguish short sleeve tee-shirts but also sunglasses, two different and fully independent requests should be submitted under the same brand “X”: one for short-sleeve tee-shirts under the international class 25 and another one for sunglasses should be submitted under the international class 9.
In summary, the registration process of a brand in Mexico starts with the submission of a request before the Mexican Institute of Industrial Property (In Spanish IMPI). Within the following 10 business days the request will be issued in a gazette which is the start of the opposition period, which will be over after 30 days from the publishing of the request; the subscriber of the request will be able to respond to the opposition in a term of the same duration as that of his/her opponent. Alongside the opposition proceeding, the Institute will perform an exam of form —in a maximum of two months—to confirm that all the information in the request is correct; if it is not, the Institute will issue an official action or a document containing the inconsistency or inconsistencies found in the initial request. There will be a two-month period to respond to this document or action from the day it was issued; otherwise, the request will be declared deserted.
Once the examination has been overcome, there is a last examination of content by which the authority will make sure that the sign or brand is not one forbidden by the Law. If it is, an official action or document will be sent to the applicant for him/her to state what may convene to his/her rights in order to overcome whatever impediments he/she may face. Finally, the Institute will decide if the requested brand can be granted or denied.
It is worth noting that there are challenge procedures in case the IMPI denied the registration of the brand without reasons being given in fact and in law.
The procedure applicable to Commercial Messages or Slogans is the same.
For all the previos mentioned, we will take all the information you provide us with through this website (www.flocarlaw.com) and will submit the request once we have checked for possible inconveniences during the procedure explained above.
However, our service starts with a background search previous to the submission of the brand request (or commercial message request) and if there is any great impediment that we deem impossible to overcome or in case any information is missing and cannot be corrected, we will contact you immediately to let you know so that we can make any necessary changes or collect missing information. We will also notify if the case is favorable, even though we will immediately proceed to submit the request.
A service request and a payment shall act as power of attorney so that FLOCAR can manage as convenient before the IMPI in order to obtain the requested registration. If it were necessary or the client requested so, we may sign a Limited Power constrained to specific interest, for which the delivery of the original document will be face-to-face.
The cost shown for submitting the request includes a fee for the background search, the submission of the registration request before the IMPI, the exploits paid to the IMPI for the concept of registration request, as well as the VAT. It is worth noting that the compound cost applies to each and every brand and class.
Don’t worry! You are not alone; in case the IMPI issues any legal document, we will serve as your deputies, so we will notified and we will let you know way in advance so you can make any decision and we can continue with the paperwork pertaining your request. Responses to documents issued by the IMPI have an additional cost you will be told about the very momento we notify you on receiving any issued document, as well as the length of the term we have to respond.
Remember; these are not the only services we provide. We can assist you and provide any additional service you and your brand need: Registration of the License of Use, transferal (of brand rights), declaration of use, renewals and litigation, as well as all those services listed under the OUR SERVICES section in this website. Just fill our contact form and we will contact you and clear any doubts.
ASK FOR YOUR CONTRACT AT FLOCAR LAW TODAY
It’s really easy! We have a wide variety of commonly known contracts, on which we can help you the fastest way. If your contract is not among those visible in our website www.flocarlaw.com, please complete the contact form with your request and we will shortly get back to you.
How does this work? We will walk you hand in hand using information we collect from you. We will send a fully written contract within the following 24 hours after processing your payment, and if it is the case, from the last communication from which we can get your approval. It is always possible to make changes or enhancements derived from the business or deal you are closing in order to carry it out in the most accurate and personalized way.
Remember that information you provide us with is the one with which we will write your contract or any documents you request from us, for which we need your full attention and certainty regarding data you provide.
Once we send the finished contract, we will perform a maximum of two changes free of charge, for which if it is necessary to exceed this number, we will continue to support you by charging any additional cost.
Any additional cost we may charge you based on your request or needs, will be previously quoted and we will expect a deposit or bank transfer from you after your acknowledgement in order to proceed.
We can also have you in our headquarters, listen to all the particularities of the business you have in mind and think of innovative tailored solutions.
Last Update: March 2019.
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