By using the legaltrademark.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and legaltrademark.com and Legal Trademark (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.
We offer general information regarding trademarks and a website that enables you to prepare and file trademarks. Please note that we are not a law firm and cannot provide legal advice.
THIS AGREEMENT BELOW INCLUDES A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
Your authorization to use the Website is subject to your acceptance of the following terms:
To access certain parts of the Website, we may ask you to create an account and/or profile. All information provided by you must be accurate, and you agree to keep said information up to date. Anyone whose right to use the Website was previously terminated by us may not register for another profile or account, nor use another person's profile or account to use the site or create an account on your behalf.
By creating an account, you authorize us to use SMS or other text messaging methods to communicate with you regarding your order and other opportunities with Legal Trademark. Through our messaging provider, you may choose to opt out of receiving messages through SMS or text.
Since sharing User IDs is prohibited, we assume that access to the Website through your User ID is indeed you. You are solely responsible for any and all access to the Website by individuals using your User ID. If you believe your User ID is being used without authorization, please inform us immediately at info@legaltrademarkservices.com
We reserve the right to permit the publication of various content provided by you (hereinafter “User Generated Content or UGC”). You agree not to post or use any UGC in any way that:
By using the Website, you agree not to engage in or promote any illegal activities, attempt to interfere with the functioning of the Website, or attempt to access secured portions of the Website without authorization. You also agree not to use the Website to send unsolicited emails or spam, harvest information from the Website, or impersonate another user.
We may provide links to third-party websites that are not operated or controlled by us. We do not endorse or recommend any products, services, or websites by including a link to them. We are not responsible for the content, privacy policies, or practices of any other websites or their owners.
We reserve the right to modify or terminate the Website or any services provided at any time without prior notice. We may also terminate this Agreement without notice for any reason at our discretion. Any violation of the terms and conditions set forth in this Agreement may result in automatic termination and loss of access to the Website. However, the Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and conditions related to your content will survive the termination of this Agreement.
We use government records to display information on this website. We cannot guarantee the accuracy or timeliness of the information, despite our best efforts to use the most recent data available.
We may offer reminders or notifications about trademark deadlines as part of our services. These notifications are for general informational purposes only and may not apply to your particular situation. You should consult a licensed attorney for legal advice and to determine which deadlines apply to your specific case.
We are a technology platform that helps users create forms, but we are not a law firm or legal service provider. If you purchase a package that includes forms, you will receive a document based on the information you provide. However, we cannot provide legal advice, and our customer service representatives are not qualified to answer legal questions or provide legal advice. We do not have an attorney-client relationship with our users, and any communications with our customer service representatives are not privileged or confidential.
We may review the information you provide for completeness or errors but do not provide legal conclusions, opinions, or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies. We do not apply the law to the facts of your particular situation. Our forms and any accompanying instructions are not customized to your needs, and we do not provide legal advice or practice law. By making a purchase, you acknowledge and understand that you are not receiving legal advice or services from us.
PLEASE NOTE THAT WE RETAIN YOUR CREDIT CARD INFORMATION FOR THE PURPOSE OF PAYING THE GOVERNMENTAL FILING FEE ASSOCIATED WITH YOUR ORDER ONLY AFTER YOU APPROVE THE APPLICATION AND ARE MADE AWARE OF THE COST OF THE FILING FEE.
If you use our search services, we employ methods to find marks that may be similar to the ones you want to use. However, we cannot guarantee that your mark will be approved by the USPTO even if you use our search services. There may be various reasons why the USPTO rejects your mark, and sometimes an automated search may not identify a mark that the USPTO may reject. Our search report aims to provide you with marks that meet the parameters for the type of search you choose, but it is not intended to be legal advice. If you need legal advice, we recommend you consult an attorney.
Our Legal Trademark search covers direct matches, phonetically similar, similar in terms of translation, or appearance by way of design, while our global search also includes the databases of all 50 states, a business registry, the database of domain names, the World Intellectual Property Organization (“WIPO”) database, and the European Community database. We use blockchain technology to create a permanent record of the information you submit regarding your trademark use on the Legal Trademark blockchain.
However, please note that blockchain-based records of trademark use do not guarantee immediate legal standing for trademark ownership or associated claims and that they are not the same as a registration with the USPTO or other governmental entity. Our trademark monitoring service reviews new applications that are similar to your marks as published in the Official Gazette of the USPTO and Legal Trademark.
If you sign up for one or more subscription services, you are responsible for paying all subscription fees until you cancel your subscription or it is otherwise terminated. Unless otherwise provided, your subscription is on an automatic renewal, and you will be charged for the next applicable subscription term at the beginning of the subscription period.
We may offer promotional trial memberships, and unless otherwise stated in the offer or you cancel, your subscription will renew automatically, and your credit card will be charged to begin your initial subscription term.
We may discontinue offering subscriptions and may terminate your subscription at our sole discretion, subject to your right to a pro-rated refund of fees. We may increase subscription fees and/or terms with 30 days’ notice to you.
Logo design services are available on the website. Once you have paid and provided us with the necessary logo specifications, we will create an original logo that meets your instructions and the package you have chosen. You will receive potential logos (the "Initial Design Samples") and can either accept one, request revisions or a refund. Revisions are free, as long as they do not conflict with your original logo specifications. The number of revisions you can request depends on the package you have chosen. Turnaround time for revisions is 1-2 business days. After you have accepted a design as your final logo, whether it is an Initial Design Sample or a revision, we will send you the completed logo (the "Final Distribution").
Upon receipt of the Final Distribution, you become the owner of the final logo. However, we retain the right to use the final logo or any logo created in the process within printed and online portfolios, including promotional materials such as newsletters and advertisements. You must register the logo with the appropriate governmental agency to obtain full intellectual property rights to your logo. If a transaction is incomplete, we retain all intellectual property rights to the designed logo under Legal Trademark.
You may be eligible for a 100% refund if you request a refund before receiving the Initial Design Samples. You may also be eligible for a refund if you request it within 72 hours of receiving the Initial Design Samples, and before requesting any changes. You are not eligible for a refund if you request revisions to an Initial Design Sample or if you request a refund after 72 hours of receiving the Initial Design Samples. You are also not eligible for a refund if your order is terminated due to a breach of these Terms of Service or any referenced policy.
We reserve the right to impose a design fee on logo design service refunds and to approve or deny a refund request on a case-by-case basis. If the design you receive is defective or different from what was shown at the time of purchasing, and the defect is not a delivery error, you will be entitled to a refund. Whether a logo is defective is at our sole discretion.
We provide the website and related services "as is," "where is," and "as available." We make no express or implied warranties or guarantees about the website, the goods and services described on it, or the advertisers. We and our officers, directors, agents, vendors, and the merchants who advertise with us disclaim any and all express or implied warranties that the website and services are merchantable, of satisfactory quality, accurate, timely, or fit for a particular purpose or need. We make no guarantees that we will meet your requirements, that the website is error-free, accurate, reliable, without interruption, or available at all times. We make no guarantee that you will be able to access or use the website at your preferred times or locations.
Your sole remedy for any dispute or claim with us is to stop using the website. We, our affiliates, officers, directors, agents, vendors, and merchants who advertise with us shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, inability to use, or reliance on the website in any way. These exclusions apply to claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, damage to any other equipment, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages.
In connection with the release mentioned above, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states that a general release does not cover claims that the creditor is unaware of and that would have affected their settlement with the debtor if known.
You agree to defend, indemnify and hold harmless Legal Trademark, our officers, directors, representatives, employees and agents, and all of our parent companies, affiliates, related companies, and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.
For the purposes of this Section, references to "Legal Trademark," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
In this Agreement, Dispute is defined as any dispute, claim, or controversy between you and Legal Trademark, its members, officers, directors, agents, parent companies, and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Legal Trademark that has accrued or may accrue thereafter, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.
The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Texas govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Any Dispute shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
Arbitration of your claim is mandatory and binding. Neither party will have the right to litigate that claim through a court. In arbitration, neither party will have the right to a jury trial or to engage in discovery, except as provided for in the AAA Code of Procedure.
All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, whose award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
No class action or other representative action or private attorney general action or joinder or consolidation of any claim with a claim of another person or class of claimants shall be allowable.
You have the right to opt out of binding arbitration and class action waiver within 30 days. If you do not wish to be bound by the binding arbitration and class action waiver in this section, you must notify us in writing within 30 days of accepting this agreement. Your written notification must be emailed to Legal Trademark at info@legaltrademarkservices.com with the subject line "Opt-Out" and include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with us through arbitration.
Nothing herein prohibits Legal Trademark from asking the arbitrator to award Legal Trademark all costs of the arbitration, including any Administrative Fees paid on your behalf.
If the dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arise out of or relate to this agreement or use of the sites shall be decided exclusively by a court of competent jurisdiction.
The Legal Trademark services may not be accessed, downloaded, used or exported in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. Compliance with all export laws and restrictions and regulations of any United States or foreign agency or authority is required, and sole responsibility for obtaining licenses to export or re-export as required is assumed.
All intellectual property rights associated with the website, including applicable trademarks, copyrights, and other proprietary rights such as trade secrets, are owned by the Legal Trademark or licensed to it. The use of this website pursuant to this agreement grants a limited right to use the website, without any license granted under any of those intellectual property rights. All rights not expressly granted in this agreement are reserved by the Legal Trademark. Limited printing of one or more pages from the website for personal use is allowed.
All ownership of text, software, scripts, graphics, photos, sounds, interactive features, and the trademarks, service marks, and logos on the website are retained by the Legal Trademark unless they are marks provided by merchants for use on the website. The marks are owned or licensed to the Legal Trademark and subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where the user resides, and international conventions. All content on the website provided by the Legal Trademark is provided to users “AS IS” for their information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. The Legal Trademark reserves all rights not expressly granted in and to the website.
Users retain intellectual property rights in any copyrighted materials and trademarks contained in user-generated content posted to the website. The Legal Trademark is granted an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of the user's intellectual property rights related to the user-generated content in any manner the Legal Trademark chooses.
If the user believes that the Legal Trademark has infringed on their copyrights, a notification must be submitted pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to info@legaltrademarkservices.com or to the copyright agent on file with the U.S. Copyright Office, with the Subject: “copyright notice.” The notice must include (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the user, such as an address, telephone number, and, if available, an electronic mail; (5) a statement that the user has a good faith belief that use of the material in the manner complained of is not authorized by the copyright.(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement, along with the Privacy Policy, constitutes the entire agreement between the parties regarding the subject matter discussed herein. Waiving any breach or default does not constitute a waiver of any prior or subsequent breach or default.
Modifications to the AgreementWe reserve the right to discontinue or modify any of these terms and/or our Privacy Policy at our discretion. This may include adding certain fees or charges. We may or may not notify you of significant changes via email to the email address associated with your account or by posting the change on the website. The revised Agreement will be effective upon our sending you an email notice or posting notice of the changes on our Website, whichever comes first. We recommend that you periodically review this section of our Website to stay up-to-date with any changes. Your use of the Website after such notice indicates your acceptance of the modifications.
By placing an order, you acknowledge that you are authorizing us to include ourselves as a recipient of correspondence from the United States Patent and Trademark Office regarding your trademarks. You may modify this at any time, but including us helps us better serve you and may prevent us from being unable to offer certain services such as monitoring and calendaring.
The Legal Trademark endeavors to meet our customers' trademark needs in a professional, courteous, and efficient manner. We aim for 100% customer satisfaction, and we will work with you if you have any questions or concerns about your filings. Our customer service team consists of dedicated trademark representatives with one goal: to meet each client's needs in a friendly, caring, and efficient manner. If you are dissatisfied, please inform us, and we will make every effort to resolve the issues to your satisfaction. If we are unable to do so, please request a 100% refund of the fees paid to Legal Trademark. You can contact us at info@legaltrademarkservices.com
If we make an error in your filing, we will acknowledge it and make the necessary corrections as soon as possible, at no additional cost to you.
Please note that only Legal Trademark fees are refundable; all government fees related to your filing services are non-refundable. The USPTO may experience delays or deny your application, which is beyond the control of Legal Trademark and will not serve as a basis for a refund. All refund requests must be submitted within 60 days of purchase. The refund will be issued in the same form as it was received. For instance, if the payment was made by credit card, the refund will be made to the same credit card. Alternatively, you may request credit for future Legal Trademark purchases/payments instead of a refund.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. On a case-by-case basis, we may exercise this right. All descriptions of products or product pricing are subject to change at any time, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
The section headings used herein serve only for convenience and carry no legal force or effect. Should a court of competent jurisdiction declare any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained herein, and the remaining portions of this Agreement shall remain in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.