By proceeding with the use of the Trademark Royalty website (referred to as the "Website"), you acknowledge and agree to be bound by the following terms and conditions, which form a binding agreement between you, trademarkroyalty.com, and Trademark Royalty LLC (referred to as "we," "us," or "our"). This Agreement also incorporates our Privacy Policy, which is provided in detail below. If you do not agree to these terms and conditions, please refrain from using the Website. We offer general information and updates pertaining to trademarks and operate a website that facilitates the preparation and filing of trademarks. However, we are not a legal entity, and we are not authorized to provide you with legal advice.
THE FOLLOWING AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
To access certain sections of the website, you may be required to create an account and/or profile. It is essential that all the information you provide is accurate, truthful, and not falsified. You agree to keep this information updated regularly. Individuals whose access to the website has been previously revoked by the governing authority are prohibited from registering for another account or using someone else's account to access the site. Sharing or colluding with User IDs is strictly prohibited. We will assume that any logins to the website using your User ID are performed by you. You are fully responsible for any access to the website by individuals using your User ID, regardless of the circumstances. If you believe that your User ID is being maliciously used without your authorization, please notify us immediately at [email protected] so that we can assist you.
We are not obligated to remove any UGC that may violate these restrictions. However, we may, at our discretion, remove any UGC that violates these terms, terminate user accounts, or take other appropriate actions. We are not responsible for any loss or damages incurred by you as a result of UGC.
We may have affiliations with third-party websites that are not owned, controlled, or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of these other websites or their owners. The inclusion of a link to another website does not imply endorsement or promotion of that website, its products, or services.
We have the authority to modify or terminate the Website or any of the services provided here without any prior notice. We also reserve the right to terminate this Agreement at our discretion and for any reason, without any prior notification. If, in our sole discretion, you violate any of the terms and conditions outlined below, this Agreement will be automatically terminated. Termination will result in the immediate restriction of your access to the website. However, the disclaimers of warranty, limitation of liability, indemnity, dispute resolution sections, and all terms and conditions related to your content will still apply even after the termination of this Agreement.
We rely on state records and may display them on this website. Although we strive to use the most up-to-date information, we cannot guarantee its accuracy, reliability, or timeliness and do not take responsibility for the display of any inaccurate/incorrect information.
As part of our services, we may provide reminders or notifications regarding upcoming deadlines that may pertain to your trademark. However, it is important to note that these notifications are for informational purposes only and are based on general standards applicable to most trademarks. It is highly recommended that you seek advice from a licensed attorney for deadlines specific to your individual situation, as each case may have unique guidelines. Please be aware that the automated notifications we provide do not constitute legal advice or legal interpretation for specific situations.
Please understand that we are a technology platform that facilitates the creation of forms, but we are not a law firm or legal advisory provider. If you purchase a package that includes cease and desist letters, assignment of trademark letters, or other forms, you will receive a form document based on the information you provide or upload. However, please note that we are not a legal alternative and cannot provide legal advice. Our customer service representatives are not authorized to answer legal questions or engage in discussions related to the law. Any information exchanged between you and our customer service representatives is not monitored, so it is important not to share any confidential information with them. While we can assist you in preparing your trademark application, we cannot file it on your behalf or provide legal advice specific to your trademark. It is the sole responsibility of authorized and licensed US trademark attorneys and lawyers that are affiliated with us.
We may choose to review the data you provide for completeness, fraudulence, or administrative errors, but we are not contractually obligated to do so. However, it is important to note that we do not review your answers for legal accuracy, or provide legal counsel, advice, or opinions. We do not undertake any legal review of your data or provide recommendations on legal rights, remedies, defenses, options, form selection, strategies, or the application of the law to your specific case. If you believe that you have received legal assistance or advice from us, you should refrain from making a purchase. It is important to acknowledge that purchasing, downloading, or using a form document does not constitute a legal action or provide legal advice. Furthermore, you understand that each form and accompanying instructions or guidance are not tailored to meet your specific requirements or circumstances.
PLEASE BE AWARE THAT WE STORE YOUR CREDIT CARD INFORMATION SOLELY FOR THE PURPOSE OF PAYING THE STATE FILING FEE ASSOCIATED WITH YOUR ORDER. WE ONLY RETAIN YOUR CREDIT CARD DATA AFTER YOU HAVE REVIEWED AND APPROVED THE APPLICATION, AND WE INFORM YOU OF THE FILING FEE COST BEFORE PROCEEDING WITH THE FILING. We offer a draft of the application for your review. If you fail to respond within the specified timeframe, you give us the authorization to sign your name on the application, file it as presented in the draft, and collect the applicable government filing fee of $350 per class from you at that point.
While utilizing our search services, we employ reasonable methods to identify marks that may correspond to the ones you intend to use. However, we cannot guarantee that your mark will be approved by the USPTO even if you utilize our search services. The USPTO may reject your mark for various reasons, and there may be instances where an automated search fails to identify a mark that the USPTO considers grounds for rejection. Additionally, when your order includes common law mark searches, we use justifiable methods to identify marks that may closely match the ones you intend to use. However, we do not guarantee that your mark will be free from any claims or challenges by holders of common law rights to similar marks. There are cases where an automated search may not identify a common law mark that resembles your mark. The purpose of the search report is to provide you with relevant marks that meet the criteria specified for the particular type of search you conduct. It is not intended to serve as a legal determination or advice on whether your proposed mark will be rejected or considered similar to another mark. If you require legal guidance regarding the results of the search report we provide, it is advisable to consult an attorney.
The comprehensive trademark search conducted by Trademark Royalty LLC involves reviewing the USPTO database for direct matches, as well as considering marks that are phonetically similar, similar in terms of translation, or similar in appearance through design. Trademark Royalty LLC conducts a comprehensive federal, government, and common law search that includes reviewing the USPTO database, databases of all 50 states, a business registry, and the database of domain names. This search is focused on identifying direct matches, as well as marks that are phonetically similar, similar in terms of translation, or similar in appearance through design.
Trademark Royalty LLC conducts a comprehensive global search that includes reviewing the USPTO database, 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. The database search is restricted for certain factors including, but not limited to, direct match, phonetic similarity, or similar design appearance.
Our trademark monitoring services track the filing of new applications that match your marks directly, are phonetically similar, similar in terms of translation, or have similar designs. We monitor these applications as they are published in the Official Gazette of the USPTO and Trademark Royalty LLC.
WE PROVIDE THE WEBSITE AND RELATED SERVICES "AS IS," "WHERE IS," AND "AS AVAILABLE." WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES REGARDING THE WEBSITE, THE GOODS AND SERVICES DESCRIBED ON THE WEBSITE, OR THE MERCHANTS AND ADVERTISERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND AFFILIATED BUSINESSES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCEPTABLE QUALITY, ACCURACY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR BE AVAILABLE 24/7. WE CANNOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USING THE WEBSITE. WE, ALONG WITH OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE ON THE WEBSITE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, HARM, OR LOSS TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE ON THE WEBSITE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
In relation to the current release, you are hereby waiving California Civil Code Section 1542 (and any similar provision in other jurisdictions) which states: "A general release does not apply to claims that the creditor is not aware of or does not suspect to exist in their favor at the time of executing the release, which, if known, would have materially affected their settlement with the debtor."
You agree to defend, indemnify, and hold us, our officers, directors, representatives, employees, and agents, as well as our parent companies, affiliates, related companies, merchants, and their executives, officers, directors, representatives, employees, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, legal obligations, and expenses (including, but not limited to, reasonable attorney's fees) arising from: (i) your violation of any provision of these Terms of Service; (ii) your violation of any third-party rights, including but not limited to the copyright, property, privacy rights, or any other intellectual property rights; or (iii) any claim that your User Generated Content causes harm to a third party.
For the purposes of this section, the terms "Trademark Royalty," "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 previous agreements between us.
In this Agreement, the term "Dispute" refers to any disagreement, claim, or controversy between you and Trademark Royalty LLC, including its members, officers, directors, agents, parent companies, and vendors. This Dispute may arise from or be related to this Agreement, the use of the Site or Service, or any other aspect of your relationship with Trademark Royalty. It can encompass matters based on contract, statute (including consumer protection statutes), regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, negligence, or other intentional torts), or any other legal or equitable theory.
The resolution of any disputes is subject to the Federal Arbitration Act and not state laws related to arbitrations. As for the interpretation of this Agreement and the substantive law governing any Disputes, to the maximum extent permitted by law, the laws of the State of California govern, regardless of any conflicts of laws principles.
Any Dispute must be conclusively and exclusively resolved through individual arbitration conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. This arbitration agreement is applicable to transactions involving interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND CANNOT BE REVOKED. BOTH PARTIES ARE PROHIBITED FROM PURSUING THAT CLAIM THROUGH A COURT OF LAW. IN ARBITRATION, NEITHER PARTY HAS THE RIGHT TO A TRIAL BY JURY OR TO ENGAGE IN DISCOVERY, EXCEPT AS SPECIFIED IN THE AAA CODE OF PROCEDURE.
The arbitrator has exclusive authority over all matters related to the extent, interpretation, enforceability, applicability, and validity of this Agreement. The arbitration award rendered by the arbitrator is binding and final, and it may be entered as a judgment in any court with jurisdiction. This arbitration provision will continue to be effective even if the Agreement is terminated or if any party declares bankruptcy. In the event that any part of this arbitration provision is deemed void, invalid, or unenforceable, the remaining sections will still be enforceable.
YOU ARE NOT PERMITTED TO BRING A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR JOIN OR CONSOLIDATE YOUR CLAIM WITH THE CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS. HOWEVER, YOU HAVE THE RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WANT 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. TO OPT OUT, YOU NEED TO EMAIL TRADEMARK ROYALTY LLC AT [email protected] WITH THE SUBJECT LINE "OPT-OUT" AND INCLUDE YOUR NAME, ADDRESS, AND A CLEAR STATEMENT EXPRESSING YOUR DESIRE NOT TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration conducted under this agreement will be administered by the AAA in accordance with its Commercial Arbitration Rules. If the dispute has a value of $75,000 or less, the AAA's Supplementary Procedures for Consumer-Related Disputes will also apply. For disputes involving $75,000 or less, we will promptly reimburse your filing fees and cover the AAA's and arbitrator's fees and expenses. You agree to initiate arbitration either in your county of permanent residence or in California, USA. We agree to initiate arbitration only in your county of residence. You have the option to request a telephonic or in-person hearing following the AAA rules. For disputes involving $10,000 or less, the hearing will generally be conducted by telephone unless the arbitrator determines there is a valid reason for an in-person hearing. The arbitrator has the authority to award the same damages to you individually as a court could. However, the arbitrator can only grant declaratory or injunctive relief to you individually if it is necessary to address your individual claim. This agreement does not prevent Trademark Royalty LLC from seeking reimbursement of all arbitration costs, including any administrative fees paid on your behalf. If the parties do not agree to arbitrate the dispute or if a court does not enforce arbitration despite a party's request, the dispute will be resolved through a court proceeding without the right to a trial by jury. Any court proceedings, including attempts to compel arbitration or initial lawsuits arising from or relating to this Agreement or the use of the Sites, will be exclusively resolved by a competent court located within California.
We, or our licensors, maintain ownership of all intellectual property rights associated with the Website, including trademarks, copyrights, and other proprietary rights such as trade secrets. By using this Website under this Agreement, you are granted a limited and restricted right to use the Website, but no license is granted to you under any of those intellectual property rights. We reserve all rights not expressly granted to you in this Agreement. You are allowed to print a limited number of pages from the Website for personal use.
We maintain exclusive ownership, to the fullest extent possible, of all the text, software, scripts, graphics, photos, sounds, interactive features, and trademarks ("Marks") contained within the Website, unless they are specifically provided by Merchants for use on this Website. The Marks are either owned or licensed to us, protected by copyright and other intellectual property laws of the United States of America, the jurisdiction where you reside, and international conventions. All content provided by us on the Website is made available to you "AS IS" for informational and personal use only. You are prohibited from using, copying, reproducing, modifying, distributing, transmitting, broadcasting, displaying, selling, licensing, plagiarizing, or otherwise exploiting the content for any other purposes without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
You maintain ownership of any intellectual property rights, including copyrights and trademarks, in the user-generated content (UGC) that you post on the Website. However, by posting UGC, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license. This license allows us, and any sublicensees we choose, to reproduce, create derivative works, translate, distribute, publicly perform, publicly display, make, use, sell, import, offer for sale, and commercially exploit the UGC in any form or medium, whether currently known or developed in the future, and exercise any and all rights related to your intellectual property rights associated with the UGC, according to our discretion.
Please note that this information is a summary of the requirements, and it is advisable to refer to the specific provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) for complete and accurate details.
This Agreement, along with the privacy policy, represents the complete agreement between the parties regarding the subject matter discussed herein. Any waiver by either party of a breach or default under this Agreement does not waive any prior or subsequent breach or default.
We retain the right to modify or update these terms and our Privacy Policy as we see fit, without prior notice. This may include the introduction of new fees or charges. While we may choose to inform you of significant changes via email or by posting notices on the Website, it is not an obligation on our part. Any changes to this Agreement will take effect once we send you an email or post a notice on the Website. We recommend checking this section of our Website regularly to stay informed of any updates. Your continued use of the Website after such notice will be considered as your acceptance of the modifications.
By placing an order, you acknowledge and authorize us to include ourselves as a recipient of correspondence from the USPTO regarding your trademarks. While you have the option to change this arrangement at any time, including us as a recipient allows us to provide enhanced services and ensures that we can effectively support you, including activities like monitoring and calendaring.
At Trademark Royalty, our utmost priority is to provide professional, courteous, and efficient trademark services to our valued customers. We are committed to ensuring that every customer is completely satisfied with their filings. Our dedicated customer service team comprises friendly and knowledgeable trademark representatives who are focused on meeting the unique needs of each client. If you have any questions or concerns about your filings, we are here to assist you. Your satisfaction is important to us, and if you feel that we have not met our goal, please let us know. We will make every effort to address and resolve any issues to your utmost satisfaction. You can reach out to us via email at [email protected] or by calling our toll-free number at +1 (408) 538-8652.
In the event that any errors occur in your filing, we are committed to acknowledging and rectifying them promptly and at no extra cost to you. Your satisfaction is our priority, and we will make every effort to address any necessary corrections efficiently. However, please note that fees paid to Trademark Royalty, as well as any government-levied fees associated with your filing services, are non-refundable. It is important to understand that the USPTO's processing times or the denial of your application if it occurs, are factors beyond our control and will not be grounds for a refund because they are for a reason external to the company’s control. To be eligible for a refund, you must submit your request prior to the initiation of the initial trademark search clearance report. Refunds will be issued using the same payment method that was originally used. For instance, if you made the payment to Trademark Royalty LLC via credit card, the refund will be credited back to the same credit card. Alternatively, you have the option to request a credit that can be carried forward to future purchases/payments with Trademark Royalty LLC instead of receiving a refund.
Trademark Royalty reserves all the rights to restrict the sales of any product or service to any individual, location or jurisdiction. However, this is not applicable to all the cases and differs from individual to individual. The descriptions, details and prices of a particular product/service can be changed at any time without any prior notice at the sole discretion of the company. We also hold the right to discontinue or terminate the provision of any product/service without any notice. In case of making an offer/purchase of a product/service is hereby nullified with the termination of service.
The section headings that are used within this section of the website are for the sake of convenience only and do not, in any manner, carry any legal effect or force. In case of any clause or statement in this term of use section is deemed invalid by a state or federal court of law, the entire agreement will not be nullified and other clauses or statements will still be enforceable and will continue operations with full effect. Any third-party sites are not the beneficiaries of this agreement. You are hereby restricted to transfer your rights, completely or partially, to any other third party without any prior written consent and agreement with Trademark Royalty. Any attempt at such will make the agreement null and void.
