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 (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.
By using The Trademark Company website (the “Site”) or any of The Trademark Company applications or application plug-ins (“Applications”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
It is your responsibility to review these Terms of Services periodically. If at any time you find these Terms of Services unacceptable or if you do not agree to these Terms of Services, please do not use this Site or any Applications. If you have any questions about these Terms of Services, please Contact Us.
YOU AGREE THAT BY USING THE SITE OR ANY SERVICES PROVIDED BY The Trademark Company YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
The Trademark Company’ Services
The Trademark Company provides online legal information to give visitors a general understanding of the law and to provide a proprietary software solution to individuals who choose to prepare their own legal documents. The Site includes general information on commonly encountered legal issues. The Trademark Company’ services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. The Trademark Company is not a law firm and may not perform services performed by an attorney. The Trademark Company, its services, and its forms or templates are not a substitute for the advice or services of an attorney.
The Trademark Company endeavors to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, The Trademark Company cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind The Trademark Company provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
This Site and Applications are not intended to create any attorney-customer relationship, and your use of The Trademark Company does not and will not create an attorney-customer relationship between you and The Trademark Company . Instead, you are and will be representing yourself in any legal matter you undertake through The Trademark Company’ legal document service.
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 The Trademark Company. 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 them in any manner.
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.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The content on this site is owned and maintained by TTC Business Solutions, LLC dba The Trademark Company, a licensee of the domain TheTrademarkCompany.com and related intellectual property from an independent third-party entity. All good will associated with the name The Trademark Company remains the property of that third-party. TTC Business Solutions, LLC dba The Trademark Company is responsible for the content posted to the site. Except as otherwise expressly provided by The Trademark Company, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any applications shall be construed to confer any license under any of The Trademark Company’ intellectual property rights, whether by estoppel, implication or otherwise. The Trademark Company does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by The Trademark Company. Any rights not expressly granted herein are reserved by The Trademark Company.
The Trademark Company respects your privacy and permits you to control the treatment of your personal information.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested, through our forms and otherwise through communication with The Trademark Company. When using the Site you will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify The Trademark Company immediately of any unauthorized use of your account, user name or password. The Trademark Company shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by The Trademark Company, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
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 [email protected] expressing your desire to opt out from our lists or simply click the “unsubscribe” button, if any, in any email communications you may receive.
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. Note, this disclaimer does not apply to North Carolina consumers.
Use of The Trademark Company’ Legal Forms
On our Site, through our Applications and otherwise, we offer self-help “fill in the blank” forms. If you buy or download a form on our Site, the terms and conditions of these Terms of Service control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs by The Trademark Company.
Review, Execution (i.e., Signature), and Amendment of Legal Forms
We offer self-help “fill in the blank” forms. Once assembled, depending on the form or service purchased, your signature may be required to complete the legal requirements of the form. You acknowledge that it is your responsibility to sign and/or have an authorized person sign the assembled documents when requested and prior to any signature link expiring, as applicable. We cannot and will not sign or execute any document on your behalf as it is beyond the scope of services that we provide.
It is your responsibility to review your assembled documents prior to signing the same to ensure our software or other systems have accurately inserted the information provided. Should you discover an error or need to amend any information in the assembled document(s) the following terms apply:
(1) Amendments Caused by the Company Prior to Filing: If an amendment is required to a document prior to filing attributable to the Company the Company will amend and/or re-assemble the document to the customer’s specification at no additional charge.
(2) Amendments or Expired Signature Link Caused by the Customer Prior to Filing: If an amendment is required to a document prior to filing attributable to the customer or if a document’s signature link expires without the customer having signed the same the Company will amend and/or re-assemble the document subject to an additional Amendment / Re-Assembly Fee of $50 per requested amendment / re-assembly.
(3) Amendments After a Filing: If an amendment is required to a document after it has been filed the Company’s standard subsequent document package rates shall apply.
License to Use
The Trademark Company grants you a limited, personal, non-exclusive, non-transferable license to use our forms for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the forms in any manner, except for modifications in filling out the forms for your authorized use. You shall not remove any copyright notice from any form.
Your 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.
Limitation Of Liability and Indemnification
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD The Trademark Company AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING 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 THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF The Trademark Company HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF The Trademark Company, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Disclaimer of Warranties
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, The Trademark Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Trademark Company MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS 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, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. The Trademark Company SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
NOTWITHSTANDING THE ABOVE, The Trademark Company OFFERS A SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.
Right to Refuse
You acknowledge that The Trademark Company reserves the right to refuse service to anyone and to cancel user access at any time.
We may terminate this Agreement and your license to use its web site and services at any time and for any reason.
Cancellation and Completion of Services
You acknowledge that payment for services is required contemporaneous to the services being performed. The scope of the services performed under our packages is more fully set forth in the respective packages as described on-line on The Trademark Company’ web site and as purchased and confirmed through the web site and other confirming correspondence.
The Trademark Company’ 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 monies 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 packages as of the date of performing work sufficient to complete a filing irrespective of whether the filing is ever completed. In the event The Trademark Company performs services sufficient to complete a filing or other services but said services cannot be fully completed due to the action or inaction of the customer or other actor Customer agrees that The Trademark Company has earned the fees for the package ordered and that the only refund, if any, the customer may be entitled to is for government filing fees which ultimately may not have been used. Additional fees may then apply should the customer wish to move forward with the filing.
You acknowledge and agree that once an order is placed with The Trademark Company you may only cancel the same for up to 12 hours after the order has been made subject to the limitations above.
Additional services are offered complimentary to our filing packages so long as you remain a customer of The Trademark Company. In regard to other services, you acknowledge that the monies paid for services to The Trademark Company have been earned under these arrangements as of the date performing of work sufficient to complete the package purchased.
This Agreement shall be construed, interpreted and governed by the laws of the State of North Carolina 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 North Carolina – Raleigh, U.S.A. or appropriate state court sitting in Wake County, North Carolina, 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 submission has been submitted to any government agency 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 willful false statements to government agencies and the like may jeopardize the validity of the documents filed and the rights created.
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 a government agency (e.g., U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Postal Service, and/or state agencies).
The Trademark Company reserves the right to outsource certain specific tasks to personnel outside of the company to provide more efficient, effective, and cost-effective services for our customers. You acknowledge and consent that by engaging The Trademark Company for the specific services provided under our packages available on our web site that some of these services may be provided by outsourced personnel as outlined herein.
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.
Introduction & Scope
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 customer 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 [email protected] or a letter to TTC Business Solutions, LLC dba The Trademark Company, 2703 Jones Franklin Rd., Suite 205, Cary, North Carolina, 27518.
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. 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.
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
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.
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.
This Web Site is controlled and maintained by:
TTC Business Solutions, LLC dba The Trademark Company
2703 Jones Franklin Road, Suite 205
Cary, NC 27518
Our Satisfaction Guarantee, our consumer satisfaction process, is incorporated into this General Service Agreement by reference. For additional information on our Satisfaction Guarantee click here.
LLC and Corporation Formation Packages
Use of The Trademark Company’ services to organize or form your entity does not guarantee that your entity will be organized and/or formed with the respective state agency. Specifics of each service package provided are incorporated by reference herein and are provided by our strategic partner MyCompanyWorks.com.
The Trademark Company’ makes no warranties that your use of the name of the business provided is authorized by law or cannot be challenged by potential third parties known or unknown.
Our Registration Packages do not include a search for copyrights that are similar to the work you are seeking to register. Moreover, purchase of our Registration Packages does not guarantee that your copyright will be registered with the U.S. Copyright Office.
Our Registration 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, the Company 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.
Our enforcement services are available to all of our customers. However, they are not a part of our other services unless expressly provided and must be arranged for separately and apart of any business, copyright, or trademark services purchased.
- Direct Matches;
- Near Matches and Similar Trademarks;
- Phonetic Equivalents; and
- Translation or Foreign Equivalents.
International Trademark Search
Our International Trademark Search uses a third-party service to complete the search of your requested trademark and the requested country.
The Company guarantees it will use its best efforts in researching, completing, and delivering the report and/or having its third party sources perform the same. However, due to the subjective nature of trademark law it is possible, albeit extremely rare, that a International Trademark Search may not generally identify a potential basis for the refusal of your trademark for the 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.
Additionally, you agree that additional charges may apply to any changes requested by you to forms by The Trademark Company based upon information you supplied to the Company wherein you unilaterally decide to change or amend information so supplied prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.
International Registration Package
Our International Registration Package does not include a search of the foreign trademark offices before which the trademark will be submitted. 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.
The Trademark Company provides Office Action and Appellate responses for our customers via software licensed from a third-party.
Through our Procedural Office Action Package, Substantive Office Action Package, and Office Action Appellate Package our customers are provided with access to the proprietary software to create self-directed responses to refusals and appeals of refusals before the U.S. Patent and Trademark Office. You agree and understand that once you have been provided access to the proprietary software for the purpose of responding to your office action we have provided you with the means through which to respond to the same.
Appeal of Refusal
By accepting these Terms of Service or otherwise using our trademark renewal services to renew your federally registered trademark(s), you hereby certify the following renewal certifications:
- Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s);
- Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization;
- The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration;
- There has been no final decision adverse to the owner’s claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner’s right to register the same or to keep the same on the register;
- There is no proceeding involving said rights pending and not finally disposed of either in the United States Patent and Trademark Office or in a court;
- To the best of the signatory’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support; and
- The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.
Sample Documents / Templates
To view representative samples or templates of the legal documents available through The Trademark Company Click Here. If you do not see a copy of the document you are looking for or if you have troubles viewing uploaded document please send an email to [email protected] referencing the sample document or template you would like to see and a copy of the same will be forwarded to you.