3. Client Responsibilities

1. Accuracy of Information. You must provide complete and truthful information about your business and the trademark. Under federal law, knowingly making false statements in a trademark application may result in fines or imprisonment. You warrant that any specimen or evidence you provide accurately reflects your use of the mark and is not a digitally altered rendering.
   

2. Cooperation and Deadlines. You agree to cooperate with the Firm, respond promptly to requests, and provide all necessary materials before filing deadlines. If you miss a deadline set by the Firm or the USPTO, the Firm is not responsible for any resulting loss of rights or additional fees. You agree to check your email regularly, keep your contact information current, and authorize the Firm to communicate with the USPTO and to disclose your contact information to the USPTO when required.
   

3. Authority and Representation. You represent that you have the authority to act on behalf of the person or entity listed as the trademark owner and that you are not infringing any third‑party rights. You agree to defend, indemnify and hold the Firm harmless against claims resulting from inaccurate information or statements you provide.
   

4. Fees and Payment

1. Service Fees. The fee quoted for the Services is a flat fee earned upon receipt and is due in full at the start of this Agreement. It is not a retainer and is not deposited into a client trust account. The fee covers only the limited Services described above and does not include government filing fees, which you must pay separately.

2. Filing Fees. All government filing fees for your trademark application will be charged to the same credit card that was used for your original order unless you instruct us otherwise. You hereby agree to advance payment of professional service fees and the subsequent charge for USPTO filing fees. You will be notified of the applicable filing fees for your application before it is submitted. Fees are set by the USPTO and may change without notice. USPTO Filing fees are non‑refundable once a filing has been submitted.

3. Per-Class Fee Structure. USPTO filing fees and our service fees for filing are assessed per class of goods/services. If your application includes more than one class, you agree to pay the additional legal and USPTO fees for each added class at our then-current rates and the USPTO’s then-current schedule. Additional classes cannot be added after filing; a separate application is required. See our Search & Filing packages page (Fees & Policies) for details.
   

4. Refunds:

   Service fees are refundable under the following circumstances:

   • Full refund if the Firm declines representation. If the Firm identifies a conflict of interest or determines that your trademark contains content that violates acceptable use policies, the Firm may terminate this Agreement and refund the service fee.

   • Non-Refundable Government Fees. USPTO filing fees are paid directly to the government and are never refundable once submitted.

   • Refund Policy. Refunds vary by package and depend on the stage of work at cancellation. Refunds also reflect the distinction between earned and refundable fees. Once work begins, the portion of the flat fee corresponding to work performed becomes earned and non-refundable. Any unearned portion, if any, will be refunded per this policy. If you cancel before work begins, your refund amount will be reduced by 5% cancellation fee which includes non-recoverable card processing fees and our administrative fees.

   Comprehensive Search Package ($249)

   • The $249 search fee is earned and non-refundable as soon as you submit your mark and goods/services description sufficient to identify classes. If you cancel before work begins, any refund will be reduced by a 5% cancellation fee (which includes a non-recoverable card processing fee and our administrative fee).

   Comprehensive Search + One Trademark Filing Package ($499)

   • If cancelled before filing work has begun, refund = $499 – $249 earned search fee = $250 (less 5% cancellation fee).

   • Once filing work has begun (preparing USPTO application), the filing fee portion is earned and no refund will be issued.

   Comprehensive Search + Filing + Monitoring (1-Year) Package ($649)

   • If cancelled before filing work has begun, refund = $649 – $249 earned search fee = $400 (less 5% cancellation fee).

   • If cancelled after filing work has begun but before monitoring has started (monitoring begins only after successful registration), refund = $150 monitoring fee(less 5% cancellation fee).

   • Once monitoring has started, the monitoring fee is earned and no refund will be issued.

   Important Notes:

   • Refunds are calculated based on the stage of work at the time of cancellation.

   • No refunds are available for completed work.

   • Earned vs. refundable fees.

     • Search work is earned once the mark and goods/services description are submitted ($249 minimum earned).

     • Filing work is earned as soon as USPTO application preparation begins.

     • Monitoring work is earned once monitoring is set up ($150 minimum earned).

   • Additional Services. Services beyond those described in this Agreement (e.g., responding to substantive USPTO office actions, cease and desist letters) will require additional fees and/or a new engagement agreement.

5. Delinquent Payments: Failure to pay required fees may result in termination of representation. Further, USPTO charges a $50 processing fee for a refused or charged back payment for their fees.
   

5. Attorney‑Client Relationship and Conflicts

1. Formation of Relationship. No attorney‑client relationship is formed until the Firm confirms that it has received payment, completed a conflict check, and accepted your matter. If a conflict of interest exists, the Firm may decline representation.
   

2. Scope of Representation. The attorney‑client relationship covers only the Services described in this Agreement. Communications unrelated to the Services do not create an attorney‑client relationship and may not be confidential.
   

3. Conflicts of Interest. You acknowledge that the Firm may represent other clients with similar or competing intellectual‑property interests. Business competition alone does not create a conflict that prohibits the Firm from representing other clients. You agree to waive any conflicts that such representation might present, provided that the Firm will not represent another client in a substantially related matter without your informed consent and will not disclose your confidential information.

4. Communication: All reminders and updates for clients’ trademarks will be sent exclusively by email. We will not contact you regarding your trademarks status or reminders by mail.
   

6. Confidentiality and Privacy

1. Attorney‑Client Privilege. Communications between you and the attorney in the course of representation are protected by attorney‑client privilege. However, unsolicited information you provide through this website or outside the scope of the representation may not be privileged or secure.
   

2. Use of Information. The Firm will use your personal information solely to provide legal services and comply with legal obligations. The Firm does not sell or share your personal information except as required to carry out the Services or by law. 

3. Public Nature of Information Submitted: Client acknowledges that all information submitted to the USPTO and state trademark agencies is public and not confidential. The Attorney may disclose this information, and it is not protected by privilege.

4. Spam Warning: Client understands that public information submitted to the USPTO may lead to spam, scams, and solicitations via mail, phone, text, or email, often asking for personal or payment details. Client should discard any such solicitations not from our law firm or the USPTO. If unsure, Client should contact the Attorney. The Attorney is not liable if Client engages with or pays these companies.

7. Disclaimers and Limitation of Liability

1. No Guarantee of Outcome. Trademark registration is not guaranteed. The USPTO makes independent decisions, and third parties may challenge your application. Any opinions given by the Firm regarding the availability or registrability of your mark are expressions of professional judgment, not promises.
   

2. Limitation of Liability. To the fullest extent permitted by law, the Firm’s total liability for any claim arising out of or relating to this Agreement shall be limited to the amount of service fees you paid. The Firm is not liable for lost profits, consequential damages, or damages arising from the actions or omissions of third parties.
   

3. Indemnification. You agree to indemnify and hold the Firm and its personnel harmless against any claims, liabilities, or expenses (including reasonable attorneys’ fees) arising out of your breach of this Agreement, your misuse of the Services, or the inaccuracy of information you provide.

4. Reliance on Client Information. The Firm is not responsible for consequences of incorrect, incomplete, or late information supplied by the Client.

5. Maintenance of Trademarks. Trademark registrations require periodic maintenance and renewal filings. Unless separately retained, the Firm does not monitor renewal deadlines. The Client is solely responsible for maintaining trademark registrations.
   

8. Governing Law and Venue

1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflict‑of‑law principles) and applicable federal law, including the Lanham Act for trademark matters.
   

2. Venue. Any dispute that is not subject to arbitration or small‑claims court jurisdiction (see Section 8) shall be brought exclusively in the state or federal courts located in New York, New York, and you consent to personal jurisdiction and venue in those courts.
   

9. Dispute Resolution; Binding Arbitration

1. Informal Resolution. Most concerns can be resolved quickly. If you have a complaint, please contact us to attempt an informal resolution.
   

2. Agreement to Arbitrate. Except for small‑claims actions or claims seeking injunctive relief for intellectual‑property infringement, any dispute arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. By agreeing to arbitration, you waive your right to a jury trial and to participate in class or collective actions. Any arbitration must be conducted on an individual basis; class arbitrations and class actions are not permitted. Arbitration hearings will take place in New York, New York unless the parties agree otherwise. The arbitrator may award any relief available in court but may not consolidate claims of multiple parties. The prevailing party may recover reasonable attorneys’ fees and costs.
   

3. Arbitration Fees. If your claim is for less than $75,000, you will pay the initial filing fee up to $250; the Firm will pay the remaining AAA fees. For claims above $75,000, the parties shall share the AAA fees equally, unless the arbitrator determines that a party’s claim or defense is frivolous or brought in bad faith.
   

4. Opt‑Out. You may opt out of this arbitration agreement by notifying the Firm in writing within thirty (30) days of your acceptance of this Agreement. If you opt out, disputes will be resolved in accordance with Section 7.
   

5. Severability. If any portion of this arbitration provision is found unenforceable, the unenforceable portion shall be severed, and the remainder shall be enforced. Claims that must be heard on a class or representative basis may be litigated in court, but such litigation shall be stayed pending the completion of individual arbitration.
   

10. Term and Termination

1. Term. This Agreement begins on the Effective Date (when payment is received) and ends when your trademark application is filed or the Services have otherwise been completed or terminated.
   

2. Termination by Client. You may terminate this Agreement at any time by providing written notice. Depending on the status of the work, a partial refund may be available as described in Section 3.
   

3. Termination by Firm. The Firm may terminate representation if you fail to cooperate, provide false or misleading information, refuse to pay required fees, or if a conflict of interest arises. Upon termination, the Firm may withdraw as attorney of record at the USPTO and notify the USPTO of your current contact information.
   

11. Miscellaneous Provisions

1. Amendments. The Firm may amend these Terms from time to time. Material changes will be posted on the website. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
   

2. Severability. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in effect and be construed to achieve the original intent.
   

3. Entire Agreement. This Agreement constitutes the entire agreement between you and the Firm regarding the Services. It supersedes all prior or contemporaneous communications and proposals, whether oral, written or electronic.
   

4. Assignment. You may not assign your rights or delegate your obligations under this Agreement without the Firm’s prior written consent. The Firm may assign this Agreement to a successor in interest without notice.
   

5. Force Majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, war, labor disputes or governmental actions.
   

6. Contact Information. For questions or notices, contact the Firm at the email provided on this website.

By proceeding with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.