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" 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. Consistent with our customer-service focus, with the exception of the Direct Hit Search referenced below no services will be performed until a representative of The Trademark Company personally confirms your order and insures that it is the best service for your particular needs.
Money Back Guarantee
Standard Filing Package
Upon submission of a Standard Filing 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. 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 Filing Package. Further, should you cancel your order for any reason following submission of a Standard Filing Package you agree that we will refund you all but $75 of the monies paid for the Standard Filing Package in consideration of the Direct Hit Search referenced above.
Platinum Filing Package - Potential Refusal Identified Before Filing
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.
Platinum Filing Package - Potential Refusal Not Identified Before Filing
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.
We are a law firm assisting our customers in understanding United States and International trademark and related 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.
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.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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.
We may terminate this Agreement and your license to use its web site and services at any time and for any reason.
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 FairfaxCounty, 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.
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 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, Suite 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.
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 or call us at (800) 906-8626.
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:
The Trademark Company, PLLC
344 Maple Avenue West, Suite 151
Vienna, Virginia 22180