Terms and conditions

These terms govern your use of this website and any services you order from Trademark Promise LLC, trading as Trademark Promise (“we”, “us”). By using this site or engaging us, you agree to them. If you do not agree, do not use the site or the services.

Trademark Promise is a document preparation and filing service. We prepare and file trademark and copyright documents according to the instructions you give us.

We are not a law firm. We do not provide legal advice, legal opinions or legal representation, and using this site or our services does not create an attorney-client relationship. Nothing we send you is legal advice, and no communication from us is protected by attorney-client privilege.

Where your matter needs legal advice — for example a contested refusal, an opposition or cancellation proceeding, an infringement dispute, or a question about the strength of your rights — you should consult a licensed attorney, and we will tell you when we think you have reached that point.

We are not affiliated with, endorsed by or connected to the United States Patent and Trademark Office, the United States Copyright Office or any other government agency.

Subject to these terms we provide: trademark clearance searching and written risk reporting; preparation and filing of federal trademark applications; preparation and filing of responses to office actions; statements of use, extension requests, and maintenance and renewal filings; trademark monitoring and alerting; copyright application preparation and filing; and preparation of takedown notices.

The scope of any engagement is the scope described in the package or quotation you accept. Work outside that scope is quoted separately and is not carried out until you approve it.

You are responsible for the accuracy and completeness of everything you give us, including the mark, the goods and services you sell under it, your dates of first use and your specimens. We prepare filings from what you tell us. A filing based on inaccurate information can be refused, and a registration obtained on a false declaration can be cancelled.

You are responsible for reviewing and approving the application before it is submitted, for responding to our requests in time to meet deadlines, and for keeping your contact details current.

You confirm that you have the right to use and register the mark you ask us to file, and that filing it does not knowingly infringe anyone else’s rights.

Registration is decided by the USPTO or the Copyright Office, not by us. Nobody can guarantee that an application will be approved. Our searches reduce foreseeable risk; they do not eliminate it, and no search can surface every unregistered right that may exist.

Timeframes we give are estimates based on typical agency processing and are outside our control.

Our service fees are stated on the pricing page and in any quotation we send you. Government filing fees are separate. They are set by the USPTO or the Copyright Office, are paid directly to those agencies, and are not part of our fee.

Fees are payable before work begins unless we have agreed otherwise in writing. Government fees are charged at the point of filing. Nothing is filed and nothing is charged without your approval.

Government filing fees are never refundable, by us or by anyone, once an application has been submitted. That is the agencies’ rule, not ours.

Our service fee is refundable in full if you cancel before we have begun work. Once work has begun, we refund the portion representing work not yet performed. Our fee is not refundable on the basis that an application was refused, because the fee is for the preparation and filing work, which is performed either way.

Refund requests go to support@trademarkpromise.com and are answered within five business days.

Agency deadlines are strict and missing one can cause an application or registration to be abandoned or cancelled. Where we are engaged to manage a filing we will diary the relevant deadlines and remind you. We are not responsible for a deadline missed because you did not instruct or pay us in time, because your contact details were out of date, or because you engaged us after the deadline had already passed or was too close to meet.

The content of this website — text, layout, graphics and code — belongs to us and is protected by copyright. You may not copy or reproduce it other than for your own reference. The Trademark Promise name and logo are our trade marks. Nothing on this site claims federal registration of any mark unless a registration number is shown alongside it.

To the fullest extent permitted by law, our total liability arising out of or relating to any engagement is limited to the service fees you actually paid us for the matter giving rise to the claim. We are not liable for indirect, incidental, special or consequential losses, including lost profits, lost business or loss of trademark rights.

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud.

We keep what you tell us confidential and use it only to provide the services. That confidentiality is contractual, not legal privilege — see section 2. Information that must appear in a public filing becomes part of the agency’s public record.

Either of us may end an engagement in writing at any time. On termination we will invoice for work performed to that point and hand over the documents we have prepared. We may decline or discontinue an engagement where we believe a filing would be inaccurate, misleading or improper.

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and the state and federal courts located in that state have exclusive jurisdiction over any dispute.

Before starting proceedings, both of us agree to try in good faith to resolve the dispute by writing to the other and allowing thirty days to respond.

We may update these terms. The version in force for your engagement is the version published when you accepted it. Continued use of the site after an update means you accept the updated terms for future engagements.

Questions about these terms go to support@trademarkpromise.com.