- INFORMATION ABOUT US
- CREATING AND MAINTAINING AN ACCOUNT
- NOTICES AND COMMUNICATIONS
- CUSTOMERS NEEDING EXTRA ASSISTANCE
- INQUIRIES AND CONSENT TO RECEIVE EMAILS AND TELEPHONE CALLS
- UNSOLICITED SUBMISSIONS
- LINKS TO THIRD PARTY SITES
- REFUND POLICY
- RIGHT TO REFUSE SERVICE AND ACCESS RESTRICTION TO THE SITE
- DISCLAIMER OF WARRANTY
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- COPYRIGHT, TRADEMARKS AND OTHER COMPLAINTS REGARDING INTELLECTUAL PROPERTY
- AGREEMENT FOR BINDING ARBITRATION
- WAIVER, SEVERABILITY AND ASSIGNMENT
- TITLES AND HEADINGS
- ENTIRE AGREEMENT
igerent.com is a website operated by iGerent LLC. iGerent LLC is a limited liability company registered in the state of Delaware, USA, under file number 5564855.
You must be 18 years of age and able to form a binding contract in order to hire the services offered through the website and online platform accessible through igerent.com.
In the event of a difference of interpretation of these general Terms due to the different language versions available on the Site, the English version thereof shall be decisive.
“iGERENT”: Is IGERENT LLC, a limited liability company registered in the state of Delaware, USA, under file number 5564855.
“Site”: Is the content and online platform accessible through and visible only at the online addresses associated with the domain name igerent.com.
“Proprietor”: Is the person for whom services shall be executed and under whose name, a right or interest will be filed, registered or presented, or to whose name it shall by transferred. It is the owner, titleholder or holder of a trademark, patent or copyright application or registration.
“User”: Is the person who accesses the site and has an account with iGERENT, and who may request services for himself or a third party, be these natural persons or legal entities.
“Attorney”: Is the independent third party lawyer or law firm in a specific “Territory” that iGERENT has previously engaged in order to negotiate a reduced schedule of fees for the clients of the “Attorney”, and to who the “Proprietor” has directly given “Power of Attorney”.
“Power of Attorney”: Is the authorization issued by the Proprietor according to the corresponding legal requirements of each “Territory”, delivered by the User to the Attorney, appointing the Attorney with the required legal faculties in order to perform all necessary actions required to fulfill a “Service”.
“Service”: Is the specific service offered through iGERENT, requested by the User that has been accepted by both parties and prepaid by the User before it is processed.
“Price of Service”: Is the amount of US dollars or other currency accepted by iGERENT and the site administrator to be paid by the User in order for a service to be rendered, be these services executed directly by iGERENT, such as consulting services or Intellectual Property portfolio management, or services hired by the User to be rendered by the Attorney.
“Territory”: Refers to a specific country´s jurisdiction or other territorial organizations in which services are to be performed on behalf of the Proprietor.
“Local Agency”: Is the Government agency, institute, department, intellectual property office, or any other institution recognized by law or local practice of the Territory in which a trademark, patent, copyright, authors’ rights, domain name dispute processes or any other service requested by the User must be filed, registered, solicited or processed, in order for the rights or interests to be recognized, granted, protected, cancelled or enforced.
iGERENT assists Users in understanding international intellectual property law and shall provide, among other services, consulting services and intellectual property portfolio management services. However, iGERENT is not a law firm and its employees are not lawyers. Recommendations given by iGERENT employees should not serve as substitute for the advice of a lawyer. No attorney-client relationship or privilege is created between iGERENT and the User.
Any legal Service requested through the Site is entrusted to the Attorney of the Territory of interest, to whom Power of Attorney is given directly by the Proprietor, who may or may not be the User. When requesting a Service, the User does it under the acknowledgment and acceptance of the condition that all communication with the Attorney, as well as required payments, shall be done through the Site and iGERENT. In all cases, iGERENT will not influence or interfere in any way with any Attorneys’ independent professional judgment. This condition is emplaced in order to ensure the fulfilment and quality of the intellectual property portfolio management Services hired to be fulfilled by iGERENT, service that is inseparable to any Service offered or requested through the Site, advertised or offered by iGERENT.
When using the Site, opening a new account and hiring Services from iGERENT, the User is responsible for maintaining the confidentiality of the account and password and for restricting access to the computer used to access said account. User agrees to accept responsibility for all activities that occur under the account or password. iGERENT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
The User shall always immediately update his/her/there account and notify iGERENT of any changes in contact information such as email addresses and telephone number.
Any notice or other communications that iGERENT must send to the User shall be sufficiently served if sent to the email address associated with the User’s account.
iGERENT aims to provide full access to its Site and service offerings regardless of disability. If you are unable to read any part of the Site, or otherwise have difficulties using the Site, please call +1 305 509 6503 for assistance.
By using iGERENT services, contacting iGERENT or creating an account through the Site, User acknowledges and accepts that submitting User’s telephone number to iGERENT via the Site constitutes an inquiry to iGERENT, and that iGERENT may contact User at the number submitted even if such number appears on any state, federal or country do not call lists (taking into account inquiry exception time frames as appropriate). User agrees that they may receive communications from iGERENT, such as newsletters, special offers, and account reminders and updates to the email address associated with an account or submitted through a contact form. User also understands that he/she/they can remove themselves from these communications by clicking the “unsubscribe” link in the footer of the email.
iGERENT does not want User to submit or send confidential or proprietary information through this Site or other forms of communication, other than those materials strictly necessary for the completion of legal services provided by the “Attorney”. All comments, feedback, information or material submitted to iGERENT through or in association with this Site, which are not for the sole intention and purpose of filing, submitting or processing of Intellectual Property rights, shall be considered as non-confidential.
This Site may contain links to websites controlled by parties other than iGERENT (each a "Third Party Site"). iGERENT may also provide links to other citations or resources with whom it is not affiliated. These Third Party Sites are provided for the Users convenience to help identify and locate other Internet resources that may be of interest to the User. iGERENT is not responsible for and does not endorse or accept any responsibility for the availability, contents or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. iGERENT makes no guarantees about the content or quality of the content provided by such sites. iGERENT is not responsible for any form of data transmission from any Third Party Site. Inclusion of links does not imply endorsement by iGERENT of the Third Party Site, nor does it imply that iGERENT sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links and sites there accessible. The User acknowledge that he/she/they bear all risks associated with access to and use of content provided on a Third Party Site and agrees that iGERENT is not responsible for any loss or damage of any sort that the User may incur from dealing with a third party site. User should contact the Site administrator of the Third Party Site if User has any concerns regarding such links or the content located on any Third Party Site.
Prices for Service that are expressed on the Site may vary, and corresponding prices will be those as expressed on the Site at the moment that the User effectively pays the Price of Service. User should be aware that in the case of trademark applications extra charges may be applicable as explained in the corresponding Country Notes and Price Notes. User should read the Country Notes and Price Notes available on the individual country pages before proceeding with a Service.
Oral commitments shall not bind iGERENT, unless they have been expressly confirmed in writing.
Quotations are valid for up to 14 days from the date in which the offer was sent. Offers shall automatically lapse at the end of the fourteenth (14th) day. If quotations or prices for Services are maintained for a longer period of time, this is to be considered for, and as a single case matter and in no way will future quotations deviate for the general rule as here expressed.
All Services offered through the Site or by iGERENT must be prepaid by the User. Only once iGERENT has received the required payment for the processing of a Service will the Service commence to be processed. If iGERENT were to give credit or proceed with a Service before it has been fully paid for by the User, this will merely constitute an exception and shall not alter the general rule for prepaid Services as stated above.
Through the Site the following services are offered:
Trademark Assessment Report: Also referred to as (A.K.A.) trademark study, trademark registrability report, trademark compliance report, trademark success verification report, trademark comprehensive study, etc.
The service for a trademark assessment report is for a specific trademark as submitted by the User, for a determined Territory and only in respect to the class or classes for which the Service has been ordered. Depending on the availability and the User’s choice, the trademark search will be for: a) word elements of the mark only, b) Figurative elements of the mark (Device) only, or c) Both word elements and figurative elements of a trademark.
The purpose of this service is to assess the viability of successfully registering a trademark. For this preliminary knockout searches are carried out in order to determine if similar trademarks to that for which the trademark assessment report is hired, have already been registered or filed for identical or related products or services under the class of interest.
Searches will only be performed for trademarks filed in the Territory for which the service has been hired. Depending on the Territory for which the search will be performed, this will be done through official online databases of the Local Agency entrusted with trademark matters for the specific jurisdiction, official online databases of intergovernmental organizations (e.g. WIPO, OHIM, ARIPO, OAPI, BENELUX) and/or privately owned databases or resources for screening, searching, and analyzing trademarks. Access to these private tools and resources has been paid for by iGERENT or the Attorney entrusted with the search.
User understands that many public and private databases are not updated on daily or weekly bases and that iGERENT can only consider and include as results trademarks that are accessible through the databases on the day in which the search is performed.
iGERENT will also analyze if the proposed trademark complies with local requirements or if it may be rejected due to one or more grounds for refusal (e.g. Deceptive marks, Descriptive or Misdescriptive Marks, etc). User understands that although trademark professionals´ are assigned for the completion of the trademark assessment reports, trademark examination is not an exact science and precise predictions are not possible. The trademark professionals’ analysis is subjective, just as the analysis that will be carried out by the Local Agencies examiner. Although circumstances are rare, the trademark assessment reports may not identify all potential grounds for refusal.
Although expressed probability or percentage of chance for success are based on the search of similar trademarks and our a trademark professionals´ experience, as a probability, iGERENT cannot guarantee that the trademark will be successfully registered in the Territory or jurisdiction of choice, regardless of how high the probability or percentage of chance may be. iGERENT makes no warranties that use of the trademark is authorized by law or cannot receive pre-registration opposition actions or post registration invalidation actions (e.g. cancellation or annulments) by third parties.
The Trademark Assessment Report shall be presented in a standard format as determined by iGERENT, including the following section:
-The search of potentially conflicting registered or filed trademark as stated above.
-An expert’s opinion on whether the proposed trademark may be refused or rejected due to other possible grounds of refusal (e.g. merely descriptive, deceptively misdescriptive, etc.)
-An expert’s opinion of the likelihood of successful registration of the trademark. The expert’s opinion however positive, as stated above, CAN NOT ensure successful registration of a trademark and merely constitutes an opinion.
-An expert´s opinion on what steps may be taken in order to increment probabilities for successfully registering a trademark.
Meaning of probabilities included in trademark assessment reports:
90% - Probabilities for successful registration are very high. No previously filed trademarks of significance have been found. No elements of the trademark either analyzed globally or individually, should constitute grounds for refusal.
75% - Probabilities for successful registration are high. No previously filed trademark should be considered as deceptively similar. Probabilities of receiving office actions, initial refusal, examiners report or objections are low. Probabilities of receiving third party oppositions are low.
60% - Probabilities for successful registration are considerable, existence of previously filed trademarks that may be considered confusingly similar exist, or the trademark may include elements that individually may be considered as generic, descriptive or indicative, nevertheless, when analyzed globally the proposed trademark will most likely be accepted for registration. Though low, probabilities of receiving office actions, initial refusal, examiners report or objections exist and/or though low, probabilities of receiving third party opposition from owners of previously registered trademarks in the jurisdiction exist. In case of obstacles such as office actions and/or third party oppositions appear, there are good chances they may be overcome.
40% - Probabilities for successful registration are low, existence of previously filed trademarks that will almost certainly be considered confusingly similar exist, or the configuration of elements of the trademark will almost certainly constitute absolute ground for refusal of a trademark. Probabilities of receiving office actions, initial refusal, examiners report or objections are considerable and/or probabilities of receiving third party opposition from owners of previously registered trademarks in the jurisdiction are considerable. In case of obstacles such as office actions and/or third party oppositions appear, there are low probabilities they may be overcome (chances increase if the trademark has been effectively used in this jurisdiction by the applicant for a considerable period of time).
Unregistrable - Probabilities for successful registration are very low, existence of an identical previously filed trademark, or the configuration of elements of the trademark will almost certainly constitute absolute ground for refusal of a trademark or third party oppositions.
Trademark Application service: Also referred to as (A.K.A.) trademark filing, trademark initial presentation, trademark registration (initial presentation, not assuring effective registration).
The Service for a trademark application is for a determined trademark as submitted by the User, for a determined Territory and only in respect to the class or classes and description of goods and/or services determined by the User.
The Trademark Application Service includes:
-Preparing and filing of the Trademark application before the Local Agency of the Territory.
-Revising, if required by the User, the scanned copy of the Power of Attorney that the User will send to the Attorney.
-Payment of all official fees required by the Local Agency for the filing of the trademark, including any corresponding publication fees.
-Sending the User a scanned copy of the official filing receipt as proof of filing as soon as this is available.
-Notifying the User of any changes in the status of the trademark during any stage of the process, including but not limited to trademark publications, Office Actions of any kind, such as formal examination rejections, objections, declaration of use requirements, third party oppositions, acceptance for registration, as well as notifying when payment of final registration fees are due, if required in a Territory.
The Trademark Application Service DOES NOT include the following:
-Search for previously filed conflicting trademarks or analyses of the proposed trademark in order to determine if it complies with local requirements or if it may be rejected due to one or more grounds for refusal. For this, a Trademark Assessment Report service should be hired, service that is independent to the Trademark Application Service.
-In Territories where trademark applications require a final government fee or tax be paid when a trademark has been accepted for registration, and such payment of government fee or tax is required for a trademark to be effectively registered, the Trademark Application Service DOES NOT include payment of these fees. Payment of these fees will constitute a separate Service for which iGERENT shall contact the User and notify him/her when such payment is required. Information of the Territories in which final payment of government fees or taxes are necessary are clearly stated in each individual country page pricing box visible through the Site.
-Trademark Application Service does not include response to office actions (e.g. examiner’s initial refusal, examiner’s report, objections) or third party oppositions to the trademark. iGERENT will notify the User if such obstacles appear, along with the price for the Attorney to respond when such is necessary. The response to Office Actions or Third Party Oppositions will constitute a separate service to that of the Trademark Application Service.
Trademark Watch service: Also referred to (A.K.A.) trademark monitoring services.
The Service for a Trademark Watch Service is for a determined trademark as submitted by the User, for a determined Territory, Region or World Wide, and only in respect to the class or classes determined by the User. To see a complete list of Regions in which Trademark Watch services are offered, along with the Territories included in each Region, as well as for the World Wide watch, visit the Sites Trademark Watch section here.
The Trademark Watch Service includes the following:
-For word marks, the service includes the report of newly published identical and phonetically identical marks, together with confusingly similar marks, for the class or classes hired by the User.
-For figurative elements or device marks, the service includes the report of newly published visually similar marks, for the class or classes hired by the User.
-The Trademark Watch Service is for a one year period starting from the fourth day in which payment for Service has been received by iGERENT.
The Trademark Watch Service DOES NOT include the following:
-Presenting trademark opposition actions or trademark cancellation actions against identical or similar trademarks to that for which the trademark watch service was hired. If the User wishes to oppose the registration of an identical or similar trademark, or present cancellation actions, these will constitute a separate service to that of the trademark watch service.
Other services related with Intellectual Property Rights: Any other service related to trademarks, copyrights, authors’ rights, patents or domain name disputes offered by iGERENT or through the Site will be governed by these Terms. Price of Service will be determined beforehand and will be prepaid by the User before a Service is processed. In no way does iGERENT ensure the success of any process for which a Service is hired.
Once a Service has commenced to be processed the User shall have no right to a refund.
Requested Services that are yet to be processed due to pending documentation or information required from the User, have a refund deadline of 60 days. Refunds will be made for the amount of full payment minus (less) the transfer costs that iGERENT will incur in order to return the amount paid.
In case of services paid with BITCOIN, refunds will be made in US Dollars; the amount returned will be the amount of US Dollars that the amount of BITCOIN was worth at the moment of payment. In this case, the refund will be made to the bank account that the User choses and transfer fees will be deducted from the refunded amount.
User accepts that iGERENT may not transfer refunded amounts to certain banks or Territories, in this case both iGERENT and the User will work together in order to determine a method of sending the refunded amount in accordance with US Law and regulation.
You acknowledge that iGERENT reserves the right to refuse service to anyone and to cancel Users access to the Site, for any reason and at any time without prior notice. iGERENT also reserves the right to discontinue, either temporarily or permanently, any part of its Services without notice.
iGERENT makes effort so that the information, materials, software, products and services made available through the Site are as accurate and correct as possible, however these may include inaccuracies or typographical errors. iGERENT may at any time make improvements or changes to its Services. The Site and all materials or services offered and provided on the Site by iGERENT are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, iGERENT expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. iGERENT expressly disclaims any representation or warranty that services will be error-free, timely, secure or uninterrupted.
iGERENT makes no warranty that: (a) the Site, materials or services will meet the Users requirements; (b) the Site, materials and services will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site, or any materials or services offered through the Site, will be accurate or reliable; or (d) the quality of any products, services, information or other materials purchased or obtained by the User through the Site or in reliance on the materials or services will meet the Users expectations. Use of any materials obtained or services provided through the use of the Site is done at the Users own discretion and risk. iGERENT shall have no responsibility for any damage to Users computer system or loss of data that results from the download of any content, materials, information or software.
No advice, be this oral or written information given by the iGERENT, its employees, licensors or agents will create a warranty; nor may the User rely on any such information or advice.
Except as prohibited by law, User will hold iGERENT and its affiliates, officers, directors, employees and agents harmless for any general, direct, indirect, punitive, special, incidental, or consequential damage, however it arises (including reasonable attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including, without limitation, any claim for personal injury (including death) or property damage, arising from these Terms or Services and any violation by the User of any federal, state, or local laws, statutes, rules, or regulations or arising out of or in connection with the use or inability to use this Site or Services available through the Site, including but not limited to reliance on any information obtained by iGERENT; or information or quality of service that result from mistakes, omissions, interruptions, deletion of files or e-mails, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of God, fires, acts of war, coups d’état, civil war, acts of terrorism, communication failure, theft, destruction or unauthorized access to iGERENT’s records, programs or services. The User hereby acknowledges that this provision will apply whether or not iGERENT has given notice of the possibility of such damages and that this provision will apply to all content, merchandise or available services. If the User’s use of materials or services from this Site results in the need for servicing, repair or correction of equipment or data, User assumes any costs thereof. If the ability of limiting liability or indemnification is not fully recognized, the amount due will be limited to the amount paid by the User for the specific service that has caused dispute between the User and iGERENT.
All content included in or made available in the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of iGERENT and protected by United States and international copyright laws.
IGERENT (igerent) is a registered trademark of iGERENT. The use of any IGERENT trademark or service mark, including the logo or device mark consisting of a three dimensional cube, without express written consent from iGERENT is strictly prohibited.
iGERENT respects the intellectual property of others. If you have a good faith reasonable belief that any content on the Site is infringing on your copyrights, trademark rights or other intellectual property rights, and you wish to notify iGERENT and the site administrator of such alleged infringement, you must provide the following information in a written communication via e-mail, fax or letter (in case of a letter, a scanned copy by e-mail or fax should also be sent) to iGERENT´s Designated complaint department (see below for contact information):
i.A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive intellectual property right that is allegedly infringed;
ii.Identification of the copyrighted work, trademark, service mark or any other intellectual property right claimed to have been infringed or, if multiple infringed rights at a single online website are covered by a single notification, a representative list of such works, marks or rights in the Site;
iii.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 that may permit iGERENT or the Site Administrator from locating the material on the website;
iv.Sufficient contact information that may allow iGERENT or the Site Administrator to contact the complaining party, such as an e-mail address, telephone number, fax number, and, if possible, a physical mailing address at which the complaining party may be contacted or reached;
v.A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the owner, agent or the Law.
vi.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner that is allegedly infringed.
Please note that this procedure is exclusively for notifying iGERENT that your copyrighted material or other intellectual property rights have been infringed.
Contact Information for Designated Agent for Notification of Claimed Copyright or intellectual property rights:
MAILING ADDRES: 2637 E Atlantic Blvd, Pompano Beach, 33136. FL, USA.
iGERENT is committed with User’s satisfaction of the Site and Services provided and does not anticipate having any disagreements with the User. However, if any concerns regarding Services or the use of the Site were to arise, please notify us immediately via email at . iGERENT will endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes, then both the User and iGERENT hereby agree that all disputes or claims between the User and iGERENT of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of Services offered by iGERENT, shall be resolved by binding arbitration.
User agrees that it is waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. Consequently, any controversy or claim arising out of or relating to the use of the Site, quality of Services, these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall not be of the nationality of either of the parties. The place of arbitration shall be in the State of Delaware. The language(s) of the arbitration shall be in English. These Terms shall be governed by the laws of the state of Delaware. The award shall be made within nine months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the parties or by the arbitrator if necessary. In no event shall an award in an arbitration initiated under this clause exceed USD $ 3,000 for any claimant. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
iGERENT’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting the original intentions of the parties as closely as possible. User may not assign any of its rights under these Terms, and any such attempt will be void, unless prior written consent exists on behalf of iGERENT. iGERENT may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret these Terms.
These Terms constitute the entire agreement between the parties concerning its subject matter, and supersedes any previous accord, understanding, agreement or Terms, express or implied.
Last Uptaded: 20/08/2015 (dd/mm/yyyy)