1. Acceptance of Terms
By accessing this website or engaging the services of TrademarkInChile, operated by MPD Intelectual — Intellectual Property Law Firm ("the Firm," "we," "our," or "us"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website or services.
2. Nature of Services
TrademarkInChile provides trademark registration services before the Instituto Nacional de Propiedad Industrial (INAPI) of Chile, as well as related intellectual property legal services including prior art searches, office action responses, and trademark portfolio monitoring. Our attorneys are duly authorized to practice before INAPI. The information provided on this website is for general informational purposes only and does not constitute legal advice. A formal attorney-client relationship is established only through a signed engagement agreement.
3. Service Fees and Payment
Our fees are structured in two phases: (a) a Filing Fee of USD 250 per Nice Classification class, due prior to filing; and (b) a Success Fee of USD 200 per class, due only upon official grant of the trademark by INAPI. A 5% international transfer fee applies to all payments. Payments are processed via PayPal. All fees are quoted in US Dollars. The Firm reserves the right to modify its fee schedule with reasonable prior notice. Fees paid for services already rendered are non-refundable.
4. Success Fee Condition
The Success Fee is contingent on the official grant of the trademark by INAPI. If INAPI ultimately rejects the application after all legally available responses have been exhausted, the Success Fee will not be charged. The Filing Fee covers all procedural steps up to and including INAPI's final decision. Office action responses and standard communications with INAPI are included in the Filing Fee at no additional charge.
5. Power of Attorney
To represent you before INAPI, we require a digital Power of Attorney (Poder Notarial) signed electronically by the trademark owner or an authorized representative of the applicant entity. No notarization, apostille, or in-person meeting is required. By signing the Power of Attorney, you authorize the Firm to act as your legal representative in all matters before INAPI related to the specified trademark application(s).
6. Client Obligations
You agree to: (a) provide accurate and complete information about your trademark and business; (b) notify us promptly of any changes to your contact information; (c) respond to requests for information or instructions within the timeframes we specify; (d) pay all agreed fees on time; and (e) inform us if you become aware of any potential conflicts or third-party claims affecting your trademark. Delays caused by your failure to respond may affect the outcome of your application.
7. Intellectual Property
All content on this website, including text, graphics, logos, and design elements, is the property of MPD Intelectual or its licensors and is protected by Chilean and international intellectual property law. You may not reproduce, distribute, or use any content from this website without prior written authorization.
8. Limitation of Liability
The Firm's liability in connection with any legal matter shall not exceed the total fees paid by the client for the specific matter giving rise to the claim. The Firm is not liable for: (a) decisions made by INAPI or any other government authority; (b) third-party oppositions or conflicts not discoverable through a standard prior art search; (c) delays attributable to INAPI processing times, government closures, or force majeure events; or (d) indirect, incidental, or consequential damages. Our prior art search reduces but cannot eliminate the risk of opposition.
9. No Guarantee of Registration
While we commit to providing competent and diligent legal representation, we cannot guarantee that INAPI will grant any trademark application. The outcome depends on INAPI's examination, the content of the application, and third-party activity. Our Success Fee structure reflects our confidence in our work, but it does not constitute a guarantee of registration.
10. Confidentiality
All communications between you and our attorneys in connection with a legal engagement are protected by attorney-client privilege and professional secrecy under Chilean law. We maintain strict confidentiality of all client information as required by the Code of Professional Ethics of the Chilean Bar Association.
11. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of Chile. Any dispute arising from these terms or from the provision of our services shall be subject to the exclusive jurisdiction of the competent courts of Santiago, Chile, unless mandatory consumer protection laws in your jurisdiction provide otherwise.
12. Termination
Either party may terminate the engagement with written notice. If you terminate after filing but before INAPI's final decision, the Filing Fee is non-refundable. The Firm may withdraw from representation in accordance with professional ethics rules, providing reasonable notice and taking steps to protect your interests. Termination does not affect obligations already incurred.
13. Modifications
We reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with a revised "Last updated" date. For ongoing engagements, material changes will be communicated to you directly. Continued use of our services after changes are posted constitutes acceptance of the revised terms.
14. Contact
For questions about these Terms and Conditions or our services, please use the contact form on our website. Our attorneys will respond within 24 business hours.