Terms and conditions

Terms and Conditions for Trademark Filing Firm

By using the Trademark Filing Firm website (the “Website”), you agree to these terms and conditions as an agreement by and between you and Trademark Filing Firm (referred to as “we”, “us”, or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

We provide general information related to trademarks and offer a platform that allows you to prepare and file certain types of trademark filings. Our website also provides you with the ability to request attorney-led trademark services from a third-party service provider. We are not a law firm or an attorney referral service. We do not provide and cannot provide legal advice to you.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.

Conditions to Use Our Website

Your permission to use the Website is conditioned upon your agreement that you:

  • Will comply with these Terms of Service;

  • Are 18 years of age or older;

  • Will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws;

  • 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 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, including the ownership of any licenses or rights necessary to use the work of others and 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; and

  • Agree that we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

Your Account/Profile

To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate, and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.

Because sharing User IDs is prohibited, we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at support@www.legalfilingfirm.com.

Your Content

We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content” or “UGC”). UGC specifically refers to content that you intend to be publicly displayed on the Website and viewable by the general public. You agree not to post or use any UGC in any way that:

  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;

  • Violates the privacy, publicity, or other rights of third parties;

  • Is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or

  • Could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violation of these terms, terminate user accounts, or take other actions. We are not responsible for any harm to you caused by UGC.

Your Conduct

By using the Website, you agree not to:

  • Conduct or promote any illegal activities;

  • Attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);

  • Attempt to gain access to secured portions of the Website;

  • Use the Website to generate unsolicited email advertisements or spam;

  • Use any automatic or manual process to search or harvest information from the Website;

  • Interfere in any way with the proper functioning of the Website; or

  • Impersonate another user.

Links to Other Sites

We may have links to 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 any other websites or their owners. We are not endorsing or recommending any other websites, products, or services by the simple inclusion of a link to another website.

Termination

We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. Termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and conditions related to your Content shall survive the termination of this Agreement.

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

As part of our DIY services, we may offer reminders or notifications about certain deadlines that may apply to your trademark. These notifications are for informational purposes only and are the general standards applicable to most trademarks. Your situation may be different than the general guidelines, and you should consider consulting with a licensed attorney regarding the applicable deadlines that apply to your specific situation. We do not offer legal advice, and automated notifications are not legal advice or legal interpretations based on your specifics.

Creation of Forms and Disclaimer

Trademark Filing Firm is a technology platform that helps create forms and is not a law firm or legal service provider. Should you purchase one or more packages that include cease and desist, assignment of trademark letters, or other forms, you will be entitled to a form document that includes the information provided by you or from your files.

We are not a substitute for an attorney, and we cannot provide you with any legal advice. Our customer service representatives cannot answer legal questions. Because we do not have an attorney-client relationship, any communications with our customer service representatives are not privileged, and you should not share confidential information with them. We can help you prepare your own trademark application, but we cannot file it for you as your counsel of record. We cannot provide you with any legal advice related to your trademark.

We may, but are not obligated to, review the information you provide to us for completeness, inconsistencies, or other administrative errors. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. If you believe you have received any legal services or advice from us, you will not make your purchase. You acknowledge and understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. You further acknowledge and understand that each form and any applicable instructions or guidance are not customized to your particular needs by us.

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.

Platform Fee

The use of the Website is subject to the assessment of a platform fee. This fee is charged under the following circumstances:

  • When a new user places an order simultaneous with the creation of an account.

  • When an existing user places an order for the first time after 1/16/2025.

  • When a user who has previously paid the platform fee places an order after a period of inactivity exceeding two years.

The platform fee covers administrative costs associated with account maintenance, order processing, and continued access to our services and support. The platform fee will be collected at the time an order is placed and charged as a separate line item.

Search Services

Direct Hit Services: Direct hit searches that are offered in connection with certain services available on the Website only locate direct matches to the mark you intend to register. The purpose of the direct hit search is to inform you whether what you intend to file has already been registered. The direct hit search does not identify marks that may otherwise be considered confusingly similar. The direct hit search is not intended to be legal advice as to whether your proposed mark will be rejected or whether it will be registered. You should not rely solely on the results of a direct hit search to make a decision about the availability of a trademark for registration.

Comprehensive Search Services: If you use our comprehensive search services, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will make it through and be approved even if you use our search services. There may be a number of reasons the USPTO (United States Patent and Trademark Office) rejects your mark, and there are circumstances where an automated search may not identify a mark the USPTO identifies as a reason to reject your mark.

Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail against all claims or challenges made by holders of common law rights to all marks. There are circumstances where an automated search may not identify a common law mark that may be similar to your mark.

The purpose of the search report is to provide you with marks to satisfy the parameters identified for the type of search you use. It is not meant to be legal advice as to whether your proposed mark will be rejected or whether it would be considered similar to another mark. You should not rely solely on the results of a comprehensive search report to make a decision about the availability of a trademark for registration, and the comprehensive search report itself is not a substitute for legal advice.

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 appearance by way of design to your marks as published in the Official Gazette of the USPTO.

Copyright Monitoring Services

Copyright monitoring is only available for visual works. Our copyright monitoring service compares your work to images across the internet.

Privacy Program

The physical address made available to you when you purchase the Premium Privacy Protection Program subscription through the Website is provided by Snapmailbox.com, LLC. Use of the address is subject to Snapmailbox.com, LLC’s Terms of Service. If you ask us to assist you with using the physical address or virtual mail service offered by Snapmailbox.com, LLC, we will forward your information to Snapmailbox.com, including providing them with access to your credit card information for payment to them. We are not responsible or liable for any conduct of Snapmailbox.com, LLC or your use of their addresses or virtual mail services.

You may notify us to cancel your subscription to the Privacy Protection Program services at any time. If you cancel the Privacy Protection Program before the end of a subscription period, you will not receive a partial refund. The cancellation of the Privacy Protection Program requires payment to cover the cost of processing the filing of an amendment with the USPTO to change your address. Cancellation of the Privacy Protection Program will not be completed until the address change has been filed with the USPTO. When you cancel your Privacy Protection Program subscription, your information (phone, email, and, if you purchased the premium privacy protection, address) will become publicly available on government websites.

Legal Services

Legal services referenced on our Website are provided by third parties. Any attorney-led filing services offered through this website are provided by Swyft Legal, LLC. The provision of attorney-led filing services through this Website is governed by an agreement you enter with Swyft Legal, LLC. Where any of the terms of your agreement with Swyft Legal, LLC conflicts with the terms of this Agreement, the terms of the agreement between you and Swyft Legal, LLC will prevail. Making a request for legal services offered through the Website does not guarantee that your request will be accepted.

Swyft Legal, LLC is an affiliate of Trademark Filing Firm. Trademark Filing Firm does not control Swyft Legal or in any way influence the independent judgment of the attorneys of Swyft Legal.

Brand Protection+

Brand Protection+ is a subscription service offered through the Website that provides discounts on future orders, monthly reports, and access to certain legal document templates. Brand Protection+ can be purchased as an add-on to services you request through the Trademark Filing Firm website. Many of the benefits of each Brand Protection+ subscription are tied to the specific intellectual property related to the service you purchase Brand Protection+ subscription in connection with (the “Subject”). By way of example, if you purchase Brand Protection+ in connection with a Trademark registration, that specific Trademark would be the Subject. If you opt-in to Brand Protection+, the following terms apply to you:

  • If you seek to use the discounts associated with Brand Protection+ for a filing service hosted on Trademark Filing Firm that has attorney involvement, having an active Brand Protection+ subscription does not guarantee that the request for services will be accepted by the legal service provider.

  • Any filing service hosted on Trademark Filing Firm with attorney involvement you purchase pursuant to a Brand Protection+ discount will require an independent and separate agreement with the legal service provider.

  • If you have multiple active Brand Protection+ subscriptions, the discounts from each different subscription cannot be combined when purchasing a subsequent order.

If you opt-in to Brand Protection+ in connection with a trademark filing, the following terms apply to you:

  • Discounts on future orders are subject to certain restrictions. Specific discounts on office action responses and consultations may only be used for future orders associated with the Subject.

  • The free amendment and free transfer offered as a perk of Brand Protection+ is limited to amendments and transfers associated with the Subject.

  • Free consultations provided on matters such as TTAB proceedings and non-filing disputes may only be utilized for matters relating to the Subject. These consultations are handled by outside law firms (“Participating Legal Service Providers”). These Participating Legal Service Providers have agreed to provide consultations to subscribers of Brand Protection+ at no cost. Any relationship you form with a Participating Legal Service Provider is independent of your relationship with us. We do not warrant and are not responsible for any advice or information provided to you by the Participating Legal Service Provider you engage for services. We do not influence or control the provision of services by Participating Legal Service Providers. Any legal services provided for you by the Participating Legal Service Provider beyond the free consultation shall be controlled by a separate agreement entered into between you and the Participating Legal Service Provider.

Subscription and Auto-Renewals

If you signed up for one or more subscription services through the Website, these additional terms apply. Your license to the Services is valid during the period your subscription remains in good standing, and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal, and you will be required to pay, through the credit card provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

If your Subscription Term is month to month and your purchase date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally paid.

We may offer promotional trial memberships. Although the promotional trial membership may be advertised as free promotional membership, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY, AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM. It is very important to understand that you will not receive a notice from us that your free trial has ended and that payment for your subscription is due.

We may discontinue offering subscriptions and will cease charging you accordingly. We may also terminate your Subscription in our sole discretion, subject to your right to a pro-rated refund of fees.

We may increase subscription fees and/or terms with 30 days’ notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term. The increased amount and/or your renewed Subscription Term will be the new applicable length.

If your payment on file is not approved on the date of the renewal of the Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no updated information is provided after the three-business-day period, we may suspend your service and terminate the Subscription.

If we make a charge to your credit card and it is declined, we may, but are not obligated to make subsequent attempts to bill the card to collect the amount due.

We also reserve the right to charge your card smaller amounts in more than one transaction, not to exceed the amount of the due Subscription Term payment. In the event that you or we (through our payment service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We reserve the right not to reactivate an account or subscription until all past due amounts are paid.