GENERAL SERVICE AGREEMENT

Introduction

In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our web site, “we”, “us” and “our” refer to The Trademark Company, PLLC (hereinafter “The Trademark Company”) and “Service” refers to the services provided by us. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our web site. In addition to this Agreement, specific services or information contained within this web site may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

Acceptance of Terms & Conditions

By clicking “Submit” or otherwise contacting us through our web site or our toll free number you accept these Terms & Conditions concerning The Trademark Company’s services.  You further authorize The Trademark Company to charge the minimum charges for your requested service.

General Terms

Legal Representation

We are a law firm assisting our customers in understanding U.S. federal and international trademark and copyright laws. You agree that the mere submission of a form through this web site does not, in and of itself, create an attorney-client relationship.

Intellectual Property

This web site contains proprietary material that is or may be protected by United States Copyright Law, Trademark Law, trade secret law, and by international treaty provisions.

All rights not granted to you herein are expressly reserved by us. No portion of the materials obtained from or through this web site may be reprinted, republished, redistributed, reproduced, retransmitted or otherwise transferred in any form except for your private or internal business use without our prior express written permission.

The Trademark Company, The Trademark Company logo and other product and service names are our service marks. Without our prior permission, you agree not to display or use in any manner, our service marks.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of our Service(s).

Modification and/or Termination of Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice subject to applicable laws and rules of professional ethics.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Privacy Policy

Any information we collect from you is subject to our Privacy Policy. To view our Privacy Policy please see below.

Email Opt In Notice

When you submit your email address through our web site or provide it to an agent of The Trademark Company over the phone you agree that The Trademark Company may use the email address provided to contact you concerning existing products and services ordered and/or discussed and may further use the email for direct marketing of similar products or services.  If you choose to opt out of receiving said communications simply email The Trademark Company at info@TheTrademarkCompany.com expressing your desire to opt out from our lists or simply click the “unsubscribe” button, if any, in any email communications you may receive.

Disclaimer

Our web site, including any content or information contained within or provided through it, is provided “as is” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You assume total responsibility and risk for your use of this web site and the information received through it.  Further, we make no representations whatsoever about other web sites which you may access through our web site.

Limitation of Liability

Although we make efforts to ensure the accurateness and integrity of the information contained on and through its web site, we make no guarantees whatsoever as to the correctness or accuracy of the web site and information contained therein.

It is possible that the web site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the web site by third parties.

We, our affiliates, partners and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the web site or any information received from the web site, including the content of any information contained within or through the web site.  Your sole remedy for dissatisfaction with the web site is to stop using the web site and the information obtained therein.

Warranty and Indemnification

You represent and warrant to us that your use of the materials contained within this web site will at all times comply with all applicable laws, rules, regulations, and this Agreement. You hereby agree to indemnify, defend and hold harmless our company and our officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, legal costs and expenses and attorneys’ fees) arising out of or relating to any breach by you of the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our sole cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.

Termination

We may terminate this Agreement and your license to use its web site and services at any time and for any reason.

Completion of Services & Earned Legal Fees

You acknowledge that payment for services is required contemporaneous to the services being performed.  The scope of the services performed under our flat or fixed fee arrangements is more fully set forth in the packages as described on-line on The Trademark Company’s web site and as purchased and confirmed through the web site and other confirming correspondence.

The Trademark Company’s services are performed at or about the time they are ordered.  You acknowledge that once the services are performed, despite the outcome of said services, the fees paid for the services to The Trademark Company have been earned.  In the case of our filing package services, you acknowledge that fees are earned for these flat or fixed fee services as of the date of performing work sufficient to complete a filing.  Remaining services are offered complimentary to those services so long as you remain a client of The Trademark Company.  In regard to other services, you acknowledge that the fees paid for services to The Trademark Company have been earned under these flat or fixed fee arrangements as of the date performing of work sufficient to complete the package purchased.

You agree and acknowledge that fees paid to The Trademark Company may not be deposited or held in a trust account pursuant to D.C. Rules of Professional Conduct 1.15(d).  You have the right to terminate the client-lawyer relationship at any time.  You are entitled to a refund of all or a portion of any agreed-upon fee or unincurred costs if the agreed-upon legal services are not performed per the services to be performed as more fully outlined in this Terms of Service and the specific package(s) purchased per D.C. Rules of Professional Conduct 1.16(d).

For orders made through our web site, The Trademark Company will promptly confirm all details in your order to ensure the accuracy in your trademark or copyright application, if applicable.  However, if we are unable to do so within one business day The Trademark Company reserves the right to file for your application based upon the information provided in your online order. If this occurs, The Trademark Company further reserves the right to file for the application on an intent-to-use basis depending upon the information supplied through our web site even if use of the trademark is claimed through our online form.  Additional fees may then apply to complete the registration process.

Governing Law

This Agreement shall be construed, interpreted and governed by the laws of the Commonwealth of Virginia without regard to conflicts of law provisions thereof. The exclusive forum for any dispute arising out of or relating to this Agreement shall be the United States District Court for the Eastern District of Virginia, U.S.A. or appropriate state court sitting in Fairfax County , Commonwealth of Virginia , U.S.A. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.

Accuracy of Information

You acknowledge that the information submitted through our web site will be used in the creation or protection of legal rights.  Accordingly, it is imperative that the information provided through our web site be truthful and accurate.

You acknowledge that once your trademark application or other submission has been submitted to the U.S. Patent and Trademark Office, you have 30 days to notify The Trademark Company of any typographical or information errors that appear in the submission.  The Trademark Company hereby disclaims responsibility for inaccuracies in submissions not brought to our attention within this period.

You acknowledge that if you provide information through our web site requesting that The Trademark Company file a trademark application on you or your company’s behalf, You believe that (A) if the trademark is currently in use (1) the listed applicant is the owner of the trademark sought to be registered; (2) the applicant or the applicant’s related company or licensee is using the mark in commerce on or in connection with the goods/services provided; and (3) the sample(s) provided shows the mark as used on or in connection with the goods/services in the application; and/or (B) if the trademark has yet to be used (1) the applicant is entitled to use the mark in commerce; (2) the applicant has a bona fide intention to use or use through the applicant’s related company or licensee the mark in commerce on or in connection with the goods/services provided.

You acknowledge that willful false statements to the U.S. Patent and Trademark Office and the like may jeopardize the validity of the application or any registration resulting therefrom.

Third-Party Acts and Omissions

You acknowledge that The Trademark Company is not responsible for any acts or omissions of third-parties which may damage official documents from the U.S. Patent and Trademark Office (e.g., United States Postal Service).

Outsourcing

The Trademark Company reserves the right to outsource certain specific legal tasks to lawyers or other legal support personnel outside of the firm to provide more efficient, effective, and cost-effective representation for our clients.  You acknowledge and consent that by engaging The Trademark Company for the specific legal services provided under our packages available on our web site that some of these services may be provided by outsourced personnel as outlined herein.

Waiver

No Waiver by either us or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default hereunder.

 

Privacy Policy

Introduction & Scope

This policy relates solely to the online information collection and use practices of The Trademark Company, PLLC (“The Trademark Company”) located at www.TheTrademarkCompany.com (“Web Site”). We recognize that many visitors and users of this Web Site are concerned about the information they provide to us and how we treat that information. This Privacy Policy, which may be updated from time to time, has been developed to address those concerns.

Your use of this Web Site indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Policy. If you have any questions or concerns regarding this Privacy Statement, please Contact Us.

What Information About Your Do We Collect?

When you visit our Web Site, you may provide us with two types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse the Web Site. In some cases, if you choose not to provide us with requested information, you may not be able to access all of our Web Site’s content or services.

Personally Identifiable Information

We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. For example, if you indicate an interest in receiving materials, or if you want to utilize a specific service, you may be asked to submit your name, institution, city, country and e-mail address. We also request your name and e-mail address and other contact details each time you contact us by clicking on the Contact Us link. We may retain a record of users who have contacted us in order to respond properly to questions or concerns and for purposes of future communications.

Non-personally Identifiable Information We Collect

Similar to other commercial Web sites, our Web Site may utilize standard technology called “cookies” and Web server logs to collect information about how our Web Site is used. Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data that are stored by a user’s Web browser on the user’s hard drive. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web Site, and the Web sites visited just before and just after our Web Site This information is collected on an aggregate basis. None of this information is associated with you as an individual.

You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

Privacy protections for children using the Internet Protecting children’s privacy is important to us. For that reason, we do not collect or maintain information on our Web Site from those we actually know are under the age of 13, nor is any part of our Web Site targeted to attract anyone under 13. We request that all visitors to our Web Site who are under 13 not disclose or provide any personally identifiable information. If we discover that a child under 13 has provided us with personally identifiable information, we will delete that child’s personally identifiable information from our records.

How Do We Use and Share the Information We Collect?

We hold your contact details and email address in our client database. We use those details to keep you informed about our company, our products and our services or to provide you with the content or information you have requested. We share this information with our affiliated companies and partners. If any of your details are incorrect, if you no longer wish to receive emails or marketing materials from us or you do not want us to share your details with our affiliates and partners, please let us know by sending an email to info@TheTrademarkCompany.com or a letter to The Trademark Company, PLLC, 344 Maple Ave. West, PMB 151, Vienna, VA 22180 or calling us at (800) 906-8626.

We use non-identifying information collected on our Web Site in the aggregate to better understand your use of the Web Site and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of our Web Site or to analyze the programs and services that we offer.

Additional Disclosure of Your Information

We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site(s), to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to our Web Site(s) or the public. In those instances, the information is provided only for that limited purpose.

We may employ other companies and individuals to perform functions on our behalf. Our agents and contractors who have access to your personally identifiable information are required to protect the information in a similar manner that is consistent with this privacy statement.

We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.

How Do You Access and/or Modify Your Information or Choices

If you visit our Web Site and volunteer personally identifiable information, you may modify, update or delete such information at any time or update your preferences regarding what information you want to receive from us by clicking on the Contact Us link or calling (800) 906-8626. When supplying personal information using one of the online forms on the Web Site, you have the option to opt out from receiving marketing and promotional material relating to our products and services. However, please be aware that your ability to opt out from receiving marketing and promotional materials does not change our right to contact you regarding your use of our Web Site or subscriptions you may have ordered either for trial or purchase.

Consent to Transfer

This Web Site is operated in the United States. If you are located outside of United States please be aware that any information you provide to us will be transferred to United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer. The information you provide may also be transferred to other parts of the The Trademark Company, our affiliates or partners outside of United States in order to provide the information or service you have requested. All reasonable care will be taken to ensure data security and adherence to these privacy practices.

Links

This Web Site may contain links to third party sites as well as to other sites owned and/or operated by The Trademark Company. Please be aware that The Trademark Company is not responsible for the privacy practices of any third party sites. Please also be aware that the privacy policies of other Trademark Company sites may differ significantly from the privacy policy of this Web Site. Therefore, we encourage our users to read the privacy policy of each and every Web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Web Site.

How to Contact Us

For further details on any items associated with this policy or this Web Site, please Contact Us.

Changes to the Policy

From time to time, we may change our privacy policies. If we make a change, it will not affect the choices you have made about any information you gave us before that change. Any changes will be reflected in our Privacy Policy.

Privacy Complaints

We are committed to working with you to resolve, quickly and fairly, any complaints you may have about privacy. If you have any questions or comments, please Contact Us using the online form or call us at (800) 906-8626.

Data Security

We take reasonable steps to maintain the security of the personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.

Identification

This Web Site is controlled and maintained by:

The Trademark Company, PLLC
344 Maple Avenue West, PMB 151
Vienna, Virginia 22180
United States

Satisfaction Guarantee

Our Satisfaction Guarantee is incorporated into this General Service Agreement by reference.  For additional information on our Satisfaction Guarantee click here.

Money Back Guarantees
and Other Package-Specific Terms of Service

Opinion Letter (Copyright)

Our Copyright Opinion Letter Package provides you with our opinion as to whether your work will be registered based upon our experience with the USCO.  However, due to the subjectivity inherent in the opinions of respective examiners at the USCO we cannot guarantee that your work will register even if, in our opinion, it should and your Opinion Letter states the same.

Further, our Copyright Opinion Letter Package makes no guarantees that your use of the work is authorized by law or cannot be challenged by potential third parties known or unknown.

Basic Federal Database Search (Trademark)

Our Basic Federal Database Search (Trademark) conducts a search of the Federal Trademark Database operated by the U.S. Patent and Trademark Office.  The service is limited to identifying potential blocking trademarks in the database which would create an impediment to the registration of the searched mark by searching for and examining:

  • Direct Matches;
  • Near Matches and Similar Trademarks;
  • Phonetic Equivalents; and
  • Translation or Foreign Equivalents.

Your Basic Federal Database Search report is then delivered to you within three (3) business days of the completion  of your order including payment therefor.  The Company reserves the right to alter the delivery date of your report provided advanced notice is provided to you.  Our opinions as to whether your trademark is available to be registered before the U.S. Patent & Trademark Office for this report, which are delivered contemporaneous with the report,  are expressly limited to opinions surrounding potential blocking marks existing on the database as of the date of the search.

The Company guarantees it will use its best efforts in completing, delivering, and rendering opinions concerning your trademark.  However, due to the subjective nature of trademark law it is possible, albeit extremely rare, that a Basic Federal Database Search may not identify a prior pending trademark application that is cited as an impediment to the registration of your trademark.

Upon performing the Basic Federal Database Search if we identify and advise you of a basis for refusal within the scope of this service prior to filing you have two options:

First, should you wish to research an alternative mark you will receive a 10% discount off of the regular price for another Basic Federal Database Search.  There is no limit to the number of alternative marks to which this discount will apply.

Second, and in the alternative, our clients can proceed with the filing and if the mark is refused registration on the grounds identified receive a special discount off our Office Action Response Package (Substantive) – a $499 service for $449.

In the unlikely event we fail to spot a potential blocking mark which, upon examination of the search strategy and results you received, should have been identified in your report prior to filing your mark and, moreover, it is refused on that basis we will provide a complimentary response to the Office Action and attempt to argue the mark through to registration at the examination level at no additional cost to you.  The customer agrees that this is the best and sole remedy should this unlikely event occur.

The Basic Federal Database Search makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Comprehensive U.S. Trademark Search

Our Comprehensive U.S. Trademark Search conducts a search of the Federal Trademark Database operated by the U.S. Patent and Trademark Office as well as all 50 state trademark databases, a national corporate filing database as well as registered domain name search (.com, .net, .org).  The service is designed to identifying all potential blocking trademarks on the U.S. Patent and Trademark Office’s federal register as well as all other potential refusals which could be encountered when trying to register the mark with the U.S. Patent and Trademark Office.  The other information in the report is designed to identify other common law use of trademarks which could otherwise affect your federal rights. The Company’s opinions as to registerability of your mark are ultimately limited to opinions concerning federal registration thereof.

Your Comprehensive U.S. Trademark Search report is delivered to you within three (3) business days of the completion  of your order including payment therefor.  The Company reserves the right to alter the delivery date of your report provided advanced notice is provided to you.

The Company guarantees it will use its best efforts in completing, delivering, and rendering opinions concerning your trademark.  However, due to the subjective nature of trademark law it is possible, albeit extremely rare, that a Comprehensive U.S. Trademark Search may not identify a potential basis for the refusal of your trademark.

Upon performing the Comprehensive U.S. Trademark Search if we identify a basis for refusal and advise you of the same prior to filing you have two options:

First, should you wish to research an alternative mark you will receive a 10% discount off of the regular price for another Comprehensive U.S. Trademark Search.  There is no limit to the number of alternative marks to which this discount will apply.

Second, and in the alternative, our clients can proceed with the filing and if the mark is refused registration on the grounds identified receive a special discount off our Office Action Response Package (Substantive) – a $499 service for $399.

In the unlikely event we fail to spot a potential blocking mark or other grounds of refusal which, upon examination of the search strategy and results you received, should have been identified in your report prior to filing your mark and, moreover, it is refused on that basis we will provide a complimentary response to the Office Action and attempt to argue the mark through to registration at the examination level at no additional cost to you.  The customer agrees that this is the best and sole remedy should this unlikely event occur.

The Comprehensive U.S. Trademark Search makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Comprehensive U.S. & International Trademark Search

Our Comprehensive U.S. & International Trademark Search conducts a search of the Federal Trademark Database operated by the U.S. Patent and Trademark Office, all 50 state trademark databases, the World Intellectual Property Organization (WIPO) database; the Canadian Federal Trademark database;  the European Community database; the German Federal database; the France Federal database;  as well as a national corporate filing database and a registered domain name search (.com, .net, .org).  The service is designed to identifying all potential blocking trademarks on the U.S. Patent and Trademark Office’s federal register and the foreign registers searched as well as all other potential refusals which could be encountered when trying to register the mark with the U.S. Patent and Trademark Office or foreign registers searched.  The U.S. state, corporate, and domain name information in the report is designed to identify other common law use of trademarks which could otherwise affect your U.S. federal rights. The Company’s opinions as to registerability of your mark are ultimately limited to opinions concerning federal registration thereof.

Your Comprehensive U.S. & International Trademark Search report is delivered to you within three (3) business days of the completion  of your order including payment therefor.  The Company reserves the right to alter the delivery date of your report provided advanced notice is provided to you.

The Company guarantees it will use its best efforts in completing, delivering, and rendering opinions concerning your trademark.  However, due to the subjective nature of trademark law it is possible, albeit extremely rare, that a Comprehensive U.S. & International Trademark Search may not identify a potential basis for the refusal of your trademark on U.S. and/or foreign registers searched.

Upon performing the Comprehensive U.S. & International Trademark Search if we identify a basis for refusal and advise you of the same prior to filing you have two options:

First, should you wish to research an alternative mark you will receive a 10% discount off of the regular price for another Comprehensive U.S. & International Trademark Search.  There is no limit to the number of alternative marks to which this discount will apply.

Second, and in the alternative, our clients can proceed with the filing and if the mark is refused registration in the U.S. or in other jurisdictions within the scope of the report receive a special discount off our office action response services of 10%.  Note, this does not include any fees or costs from government agencies or foreign counsel which may be required to complete any such response before foreign trademark offices.

In the unlikely event we fail to spot a potential blocking mark or other grounds of refusal which, upon examination of the search strategy and results you received, should have been identified in your report prior to filing your mark and, moreover, it is refused on that basis we will provide a complimentary response to any U.S. Office Action and attempt to argue the mark through to registration at the examination level at no additional cost to you.  In regard to any foreign refusal, the Company shall waive its charges for the response to the same but you will remain responsible for any charges incurred – as agreed to in advance – for foreign counsel fees.  The customer agrees that this is the best and sole remedy should this unlikely event occur.

The Comprehensive U.S. & International Trademark Search makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

International Trademark Search

Our International Trademark Search may use third party services to complete the search of your requested trademark and the requested country.

The Company guarantees it will use its best efforts in having your research report completed, delivered, and opinions rendered concerning your trademark.  However, due to the subjective nature of trademark law it is possible, albeit extremely rare, that an International Trademark Search may not identify a potential basis for the refusal of your trademark on foreign registers searched.

As a result, you acknowledge that The Trademark Company cannot be held responsible for errors or omissions in your report as a result of a third-party vendor.

Gold and Gold Expedited Registration Packages (Copyright)

Our Gold and Gold Expedited Registration Packages (Copyright) do not include a search for copyrights that are similar to the work you are seeking to register. Nor do they include an opinion as to whether the U.S. Copyright Office will register your work.

Purchase of our Gold or Gold Expedited Registration Packages (Copyright) does not guarantee that your copyright will be registered with the U.S. Copyright Office.  Our Gold Packages also do not include responding to substantive refusals such as lack of sufficient artistry or otherwise which may block the registration of your copyright.  Further, they makes no warranties that your use of the any copyright is authorized by law or cannot be challenged by potential third parties known or unknown.

Platinum and Platinum Expedited Registration Packages (Copyright)

Our Platinum and Platinum Expedited Registration Packages (Copyright) do not include a search for copyrights that are similar to the work you are seeking to register.

Upon the purchase of our Platinum and Platinum Expedited Registration Packages (Copyright) we will perform our Opinion Letter Service (Copyright) prior to filing to register your work with the U.S. Copyright Office.  The results of your Opinion Letter will be delivered to you in three (3) business days.

If, in our opinion, your work lacks sufficient artistic nature or otherwise is unlikely to receive a copyright registration you have the option of receiving a full refund of all fees paid less the standard cost of our Opinion Letter Package.  Should you proceed forward with filing for your copyright following such an opinion, and should your application be rejected, you will receive a 10% discount off of a Request to Reconsider the subject refusal.  Note, this does not include official government fees that cannot be discounted.

If our opinion letter states that, in our opinion, your work retains sufficient artistic creativity and is likely to be registered and the USCO nevertheless refuses to register the same we will provide to you, at no additional charge for our services, an included first-level Request to Reconsider the refusal.  Of note, this does not include government fees for the Request to Reconsider for which the client remains responsible and must pay for in advance of the response being filed.

Economy U.S. Registration Package (Trademark)

Upon submission of an Economy U.S. Registration Package your trademark application will be prepared and submitted to the U.S. Patent and Trademark Office.

Our Economy U.S. Registration Package not include a Direct Hit Search or any other search for trademarks that are phonetically similar, similar in terms of translation, or appearance by way of design prior to filing with the U.S. Patent and Trademark Office.

Purchase of our Economy U.S. Registration Package does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office.  Our Economy U.S. Registration Package does not include responding to Substantive Refusals.  Further, it makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Standard and Standard Plus U.S. Registration Packages (Trademark)

Upon submission of a Standard or Standard Plus U.S. Registration Package request a Direct Hit Search will be performed of the U.S. Patent and Trademark Office’s records. Our Direct Hit Search includes a search of your exact mark of the U.S. Patent and Trademark Office records.

It does not include a search for trademarks that are phonetically similar, similar in terms of translation, or appearance by way of design.

You agree that should we encounter a mark which would block the registration of your mark in our preliminary Direct Hit Search upon request we will refund you all but $75 of the monies paid for the Standard or Standard Plus U.S. Registration Package provided the request is made prior to our filing for protection of the mark with the U.S. Patent and Trademark Office or other government office, as ordered.  Further, should you cancel your order for any reason following submission of a Standard or Standard Plus U.S. Registration Package you agree that we will refund you all but $75 of the monies paid for the Standard or Standard Plus U.S. Registration Package in consideration of the Direct Hit Search and other services already performed.

Purchase of our Standard or Standard Plus U.S. Registration Package does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office.  Our Standard or Standard Plus Packages do not include responding to Substantive Refusals.  Further, they make no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Platinum and Platinum Plus U.S. Registration Packages (Trademark)

Upon performing the included Comprehensive U.S. Trademark Search and examining the proposed filing for other common refusals if we see a basis for refusal prior to filing our customers have two options:

First, they can choose not to proceed with the filing and receive a refund of all monies paid but the $299 search report fee.

Additionally, should they wish to try another mark they will receive a $50 discount off another Platinum Filing Package – from $449 to $399.  There is no limit to the number of marks to which this discount will apply.

Second, and in the alternative, our clients can proceed with the filing and if the mark is refused registration on the grounds identified receive a special discount off our office action response services – a $499 service for $399.

In the unlikely event we fail to spot a potential refusal prior to filing your mark and it is refused on that basis we will respond to the Office Action and attempt to argue the mark through to registration at the examination level at no additional cost to our customer.

International Registration Package (Trademark)

Our International Registration Package does not include a search of the foreign trademark offices before which the trademark will be submitted nor does it offer opinions as to whether the trademark as applied for will be registered.  As such, purchase of the International Registration Package does not guarantee that your trademark will be registered in the applied-for territory.  Moreover, it does not include responding to refusals to register the trademark.  Further, it makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Enforcement & Defense Services

The Trademark Company uses its best efforts to zealously defend and enforce the rights of its clients.  However, the Company can never guarantee the results of any enforcement or defense efforts.

The Standard Defense Package and Standard Enforcement Package are non-litigation packages designed to enforce or defend your rights in a cost-effective manner.  No representation in a court or other tribunal will occur in the course and provision of these packages.  The initial step of both packages is the Opinion Letter wherein we conduct research concerning the claims or defenses involved in a specific matter.  If, following the receipt of the Opinion Letter, the client does not wish to move forward with the remainder of the package, all but the standard cost of the Opinion Letter Package will be refunded to the client.

The Standard Defense Package and Standard Enforcement Packages are also limited to one party, as applicable, and may only be used to enforce against that one particular party and will not be expanded to enforce or defend through tangential means.

Finally, our enforcement and defenses services are available to all copyright and trademark registration service clients.  However, they are not a part of our clearance or registration services and must be arranged for separately and apart of any trademark or copyright registration services purchased.