Terms & Condition

The use of trademarkensure.com Trademark Ensure website (the "Website") constitutes your assent to and acceptance of these terms and conditions in full as an agreement between you and trademarkensure.com Trademark Ensure. As if fully explained herein, our Privacy Policy is also incorporated into this Agreement. Please do not use the Website in any way if you do not agree to these terms.

You can use our website to prepare and file trademarks, and we also offer general information about trademarks. As a legal firm, we have licensed attorneys and paralegals on staff who can provide legal services and advice regarding your trademark matters.

BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS ARE CONTAINED IN THIS AGREEMENT, BELOW.

CONDITIONS TO USE OUR WEBSITE

Acceptance of the following terms and conditions will result in authorization to use the Website. By agreeing to these Terms of Use, you:

Are at least 18 years old and will refrain from using the Website in a manner that contravenes the laws of the United States, including but not limited to its export and re-export regulations. Will not copy or distribute any part of the Website in any manner without our prior written consent. Will provide accurate information when creating an account, submitting content or registering for our Website. Will not allow others to use the Website under your User ID. Are solely responsible for your User ID and the activity that occurs through your User ID. Will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website, and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers. Are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links, videos and pictures, and you have the ownership of any licenses or rights necessary to use the work of others. Will not submit any copyrighted materials or work subject to others’ proprietary rights. Grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of, and/or display any materials provided by you. Agree that we have the right to remove any and/or all of your content and to terminate your account with or without prior notice.

YOUR CONTENT

Any material you provide to us (referred to as "User Generated Content" or "UGC") may be published by us with your permission. Posting or using UGC in the following ways is strictly prohibited:

Infringing on others' copyright, trademark, trade secret, or other proprietary rights. Violating third parties' privacy, publicity, or other rights. Being unlawful, false, inaccurate, defamatory, discriminatory, libellous, pornographic, obscene, abusive, threatening, harassing, hateful, or encouraging conduct that would be illegal, violate any law, or otherwise inappropriate, as decided by us in our sole discretion. Potentially damaging to our company, parent company, sister companies, affiliates, advertisers, or other parties.

We have no obligation to remove UGC that may violate any of these restrictions. However, we reserve the right to delete any UGC that violates these conditions, suspend or delete user accounts, or take other action as we see fit. We are not responsible for any harm caused to you by other users' content.

YOUR CONDUCT

You understand and agree that by using the Website, you are not allowed to:

Engage in or support any illegal activities. Try to deduce the software's source code (including methods, infrastructure, and tools). Access restricted areas of the Website. Use the Website to send unsolicited email ads or spam. Search or harvest information from the Website using any automated or manual process. Disrupt the Website's proper functioning. Pretend to be someone else.

TERMINATION

At any moment and without warning, we may change or remove the Website or any service herein. We also have the power to end this Agreement whenever we want, for whatever reason, and without giving you any kind of notice. If, at our sole discretion, you fail to comply with any of the terms and conditions outlined below, this Agreement will be automatically terminated. Upon termination, all access to the Website will be immediately disabled. Upon termination of this Agreement, the terms and conditions pertaining to Your Content, as well as the provisions regarding Disclaimers of Warranty and Limitation of Liability, Indemnity, and Dispute Resolution, will remain in full force and effect.

DISPLAY OF DATA AND SEARCH

We rely upon government records and may display them on this website. While we try to use the most recent information available, we cannot guarantee its accuracy or timeliness.

CALENDAR REMINDERS

There may be deadlines specific to your trademark that we may help you remember by sending you notifications or reminders. While these notices are generally appropriate for most trademarks, they are provided for informative purposes only. The general principles may not apply to your individual circumstances.

CREATION OF FORMS AND LEGAL SERVICES

We are a law firm and legal service provider with licensed attorneys and paralegals; we also provide a platform that facilitates the creation of forms. You will be entitled to a form document that incorporates the information you or your files provide if you purchase a package that includes cease and desist letters, assignment of trademark letters, or other forms.

You should consult one of our attorneys for specific legal counsel; our firm is fully qualified to provide such assistance. You shouldn't confide in our customer service agents or ask them legal questions because communications with non-legal staff do not create an attorney-client relationship and are not protected. In our capacity as your counsel of record, we are able to file your trademark application on your behalf and will assist you in preparing it. Regarding your specific trademark, our attorneys can provide you with legal advice.

The information you give us may (but is not required to) be reviewed for accuracy, consistency, and other administrative mistakes. Our attorneys will apply the law to your unique circumstances, evaluate your responses for legal sufficiency, draw conclusions, and provide you with advice, opinions, or suggestions regarding your legal rights, remedies, defences, alternatives, form selection, or strategy. You are under no obligation to purchase any of our products or services unless you choose to do so. The purchase, download, and/or use of a form document does not by itself create an attorney-client relationship or constitute legal advice. Additionally, please be aware that we can personalise our forms, instructions, or suggestions to meet your unique requirements as part of our services. After you approve or are informed of the opportunity to approve the application and the cost of the filing fee, we will only retain your credit card information to pay the associated government filing fee with your order.

PLEASE NOTE THAT WE RETAIN YOUR CREDIT CARD INFORMATION SO THAT WE MAY PAY THE GOVERNMENTAL FILING FEE ASSOCIATED WITH YOUR ORDER ONLY AFTER YOU APPROVE OR HAVE THE OPPORTUNITY TO APPROVE THE APPLICATION AND ARE MADE AWARE OF THE COST OF THE FILING FEE.

SEARCH SERVICES

We employ commercially reasonable methods to identify marks that may be similar to the ones you are seeking to use when you utilize our search services. Nevertheless, we cannot ensure that your mark will be approved and pass, even if you utilize our search services. The USPTO may reject your mark for a variety of reasons, and there are instances in which an automated search may not identify a mark that the USPTO identifies as a reason for doing so.

Similarly, when your order includes common law mark searches, we employ commercially reasonable methods to identify marks that may be similar to the ones you are seeking to use. We, however, are unable to guarantee that your mark will be clear of or will prevail over all claims or challenges made by holders of common law rights to all marks. In certain situations, an automated search may fail to detect a common law mark that is potentially similar to your mark.

The purpose of the search report is to furnish you with the necessary marks to meet the parameters specified for the search type you employ. It is not intended to serve as legal advice regarding the likelihood of your proposed mark being rejected or whether it would be deemed similar to another mark. You may wish to seek the advice of an attorney with respect to the findings of the search report that we provide.

Our Trademark Ensure conducts a federal trademark search of the USPTO database, which is restricted to direct matches or phonetically similar marks, similar in terms of translation, or similar in terms of appearance by means of design.

Our Trademark Ensure conducts federal, state, and common law searches of the USPTO database, the databases of all 50 states, a business registry, and the domain name database. It is restricted to direct parallels, phonetically similar marks, similar in terms of translation, or similar in terms of appearance by design.

Our Trademark Ensure conducts a global search by reviewing the USPTO database, 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. It is restricted to direct matches, phonetically similar marks, or marks similar in appearance by design.

TRADEMARK MONITORING SERVICES

Our trademark monitoring service reviews the filing of new applications that are direct matches, phonetically similar, similar in terms of translation, or similar in terms of design/appearance to your marks, as published in the Official Gazette of the USPTO and Trademark Ensure.

NEW SERVICES/FEATURES

From time to time, we may offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Disclaimers of Warranty and Limitations of Liability

The Website and any related services are provided by us on an "as is," "where is," and "as available" basis. Regarding the Website, the advertised goods and services, and any implied warranties or guarantees, we make none. We and our officers, directors, agents, vendors, and affiliated merchants disclaim all warranties, express or implied, that the Website and services are merchantable, of satisfactory quality, accurate, timely, or fit for a particular purpose or need to the fullest extent permitted by law. We do not warrant that the service will be available at all times, free of errors, accurate, reliable, or uninterrupted in any way. We cannot promise that the Website will be available when you want it or that it will work in the manner you expect or in all jurisdictions.

In the event that you have a dispute or claim with us, your only recourse is to stop using the Website. If you use, or are unable to use, this Website, we (and our affiliates, officers, directors, agents, vendors, and advertisers) are not liable for any indirect, special, incidental, consequential, or exemplary damages. This exclusion includes claims for lost profits, data, goodwill, work stoppage, computer failure or malfunction, damage to equipment, or any other commercial damages or losses, even if we were advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted by law, then to the extent permitted by law, our liability and that of our affiliates, officers, directors, agents, vendors, and advertisers is limited accordingly.

You expressly waive the provisions of Section 1542 of the California Civil Code (and any similar provision in any other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor."

DEFENCE AND INDEMNITY

You agree to defend, indemnify, and hold harmless our company, our officers, directors, representatives, employees, and agents, as well as any of our parent companies, affiliates, related companies, and their respective officers, directors, representatives, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including reasonable attorneys' fees) that may arise from: (i) your breach of these Terms of Service; (ii) your infringement of any third party's rights, including copyright, property, privacy, or any intangible or intellectual property rights; or (iii) any claim that your user-generated content damages a third party.

DISPUTE RESOLUTION

For purposes of this Section, "Trademark Ensure," "you," and "us" shall have the meanings given to them in this Agreement. "Us" also includes our subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as any person or entity using or benefiting from our services or products under these Terms or any prior agreements.

Disputes are defined as “any dispute, claim, or controversy between you and Trademark Ensure (including 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 Trademark Ensure, whether accruing now or in the future, and whether based on contract, statute (including, but not limited to, any consumer protection statutes), regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, intentional tort), or any other legal or equitable theory.”

The Federal Arbitration Act, and not any state laws concerning arbitration, governs the interpretation and enforceability of this Dispute Resolution provision. Without regard to principles of conflict of laws, the laws of the State of Texas shall govern the interpretation of all other provisions of this Agreement and the substantive law applicable to any Dispute, to the maximum extent permitted by law.

Arbitration: Any Dispute shall be resolved by binding individual arbitration conducted by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1–16) shall govern its interpretation and enforcement.

By entering into this Agreement, you and Trademark Ensure each agree that all claims will be arbitrated and that you are waiving the right to a trial in court or by a jury. Except as provided in the AAA rules, both parties waive the right to participate in discovery or a jury trial in arbitration.

The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, scope, enforceability, or validity of this arbitration agreement. The arbitrator’s decision will be final and binding. Any court with jurisdiction may enter judgment upon the arbitrator’s award. This arbitration agreement will survive the termination of this Agreement or your relationship with us. If any part of this arbitration clause is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this clause.

Class Action Waiver: You and Trademark Ensure agree that any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis. Neither you nor Trademark Ensure will seek to have any Dispute heard as a class action, representative action, collective action, or private attorney general action, or in any proceeding in which you act or propose to act in a representative capacity. Combining or consolidating individual claims into a single case or arbitration without the consent of all parties is prohibited.

Opt-Out: You have the right to opt out of the binding arbitration and class action waiver provisions within 30 days of first accepting this Agreement. To opt out, you must notify us in writing within 30 days. Please send an email to info@trademarkensure.com with your name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration and do not agree to the class action waiver.

Under its Commercial Arbitration Rules, the AAA will administer any arbitration. For Disputes where the claimed damages are $75,000 or less, the AAA’s Supplementary Procedures for Consumer-Related Disputes shall apply. We will promptly reimburse your filing fees and the AAA’s and arbitrator’s fees for Disputes totaling $75,000 or less. The arbitration will take place either in your county of residence or in Harris County, Texas, U.S.A., whichever you prefer. If you do not choose the location, it will default to Harris County, Texas. You may request a telephonic or in-person hearing in accordance with the AAA rules. For Disputes involving claims of $10,000 or less, we agree that you may choose whether the arbitration is conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing in accordance with the AAA rules, unless the arbitrator finds good cause to hold an in-person hearing. The arbitrator can award the same damages and relief on an individual basis that a court can. If the arbitrator finds in your favor on any material claim and issues you an award that is greater than the value of our last written settlement offer (if any), then we will pay you more, up to a certain amount which may include attorney’s fees, if applicable. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

If for any reason a Dispute proceeds in court rather than in arbitration, you and Trademark Ensure waive any right to a jury trial. If any provision of this Dispute Resolution section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

The exclusive jurisdiction for any legal action arising out of or relating to this Agreement or the use of the Website that is not subject to arbitration (including any legal action to compel arbitration or to seek temporary or preliminary injunctive relief in aid of arbitration) shall be the state and federal courts located in Houston, Harris County, Texas.

EXPORT CONTROL

You may not access, download, use, or export the Services in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions, and regulations of any United States or foreign agency or authority, and you assume sole responsibility for obtaining any licenses to export or re-export as may be required.

INTELLECTUAL PROPERTY

All intellectual property rights pertaining to the Website, including trademarks, copyrights, and other proprietary rights (such as trade secrets), are owned by us or by the individuals or entities from whom we have obtained a license. You are granted a limited right to use this Website in accordance with this Agreement; however, no license is granted to you to use any of these intellectual property rights beyond the use of the Website itself. Any and all rights not specifically granted to you in this Agreement are reserved by us. The Website permits you to print a limited number of pages for your personal use, but you may not otherwise use the content in any way not expressly permitted.

All content on the Website, including but not limited to text, scripts, graphics, photos, sounds, and interactive features, and any trademarks, service marks, or logos contained therein (collectively, the "Marks"), is owned by us to the greatest extent possible (unless such Marks belong to merchants who have given us permission to use them on the Website). The Marks and content are protected by copyright and other intellectual property laws and treaties. The content on our Website is provided "AS IS" for your personal and informational use only. You may not, without the prior written consent of the owner, use, copy, reproduce, modify, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content on the Website. All rights not expressly granted in and to the Website and its content are reserved by us.

With respect to any copyrighted materials or trademarks included in UGC that you publish on the Website, you retain ownership of those intellectual property rights. However, by submitting UGC on the Website, you grant us a perpetual, non-exclusive, royalty-free, fully paid, worldwide license (with the right to sublicense through multiple tiers) to use, reproduce, distribute, prepare derivative works of, translate, publicly perform, publicly display, and otherwise exploit such UGC in any form or medium now known or later developed, for any purpose. This license also extends to allowing other users of the Website to access your UGC, and to use, reproduce, distribute, prepare derivative works of, and display your UGC for personal use as permitted by the Website’s functionality.

COPYRIGHT NOTICE

If you believe that any content on our Website violates your copyright, please notify us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)). Send a written notification to our designated copyright agent at info@trademarkensure.com (Subject line: "Copyright Notice") that includes the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material on the Website. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address at which you may be reached. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law. A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

THE OVERALL CONTRACT

This Agreement (including our Privacy Policy) constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the parties. Any waiver of any provision of the Agreement will be effective only if in writing and signed by an authorized representative of Trademark Ensure. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

ALTERATIONS TO THE CONTRACT

We reserve the right to change or remove any part of our Privacy Policy or these terms and conditions at any time if we deem it necessary or desirable. Such modifications may include, for example, the introduction of new fees or charges. If there are any major changes, we may (but are not obligated to) notify you by email (to the address registered with your account) or by posting a notice on the Website. Any modification is effective upon the earlier of our sending of an email or our posting of notice of the changes on the Website. It is your responsibility to check this section of the Website periodically to stay informed of any updates. If you continue to use the Website after any modifications to this Agreement, such use will confirm that you have agreed to the changed terms.

AUTHORIZATION

When you place an order, you authorize us to be included as a co-recipient of trademark-related correspondence from the United States Patent and Trademark Office (USPTO), along with you. You may remove or change this authorization at any time; however, keeping us included may improve our service to you (for example, it enables certain scheduling and monitoring features).

Refund Policy

Certain services we provide involve having an attorney on file, and all packages include searches conducted by attorneys. Please be informed that these packages cannot be refunded once purchased. In the event that we do not receive a response from you by phone or email within one to two business days after we have prepared and sent the search and clearance report.

MISCELLANEOUS

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product or service at any time. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this site is void where prohibited.

Section headings in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall remain in full force and effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You may not assign any of your rights or obligations under this Agreement without our express written consent; any attempted assignment without consent will be null and void.