Terms of Use for Trademark Shark
General Terms and Conditions
Please read these General Terms and Conditions (the “Terms”) carefully before using the software services offered by Trademark Shark LLC (“Trademark Shark”) and the legal services provided by People’s IP APC (the “Law Firm”). Trademark Shark operates the website, www.Trademark-Shark.com (the “Website”), and offers non-legal SaaS services related to self-service trademark application filing and management. Law Firm provides professional legal services related to trademarks.
In this Agreement, “You” and “Your” refer to our customers, prospective customers, and users of our website. “We,” “Us,” and “Our” refer to Trademark Shark. The term “Service” refers to the services provided by Trademark Shark. The use of our services is governed by this Agreement, which we may update occasionally without prior notice to you. Changes to the terms will become effective immediately upon the posting of the revised Agreement on our website. Additionally, specific services or information on our website may be governed by additional terms or guidelines, which are incorporated into this Agreement by reference.
Your access to and use of the services provided by Trademark Shark and the legal services provided by Law Firm is conditioned upon Your acceptance of and compliance with these Terms. For receiving services by the Law Firm, a separate conflict check and engagement must be executed by the Law Firm prior to services being rendered to Users. Legal services by the Law Firm are conditioned on successfully completing the conflict check and scope of work agreement. These Terms apply to all visitors, users, and others who access or use the services. By accessing the Website and clicking “I agree”, and/or using the services, You agree to be bound by these Terms and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.
you agree to be bound by these Terms of Service (“Terms”) and to comply with all applicable laws and regulations, including United States export and re-export control laws.
You are responsible for periodically reviewing these Terms. If you find the Terms unacceptable or do not agree with them, please refrain from using the Website and its applications. If you have questions about these Terms, please contact Us.
By using the Website or our services, you affirm that you are at least 18 years old and have the legal capacity to enter into a contract.
Distinction Between Trademark Shark and Law Firm
Trademark Shark, LLC: Operates the SaaS platform for trademark management and administrative services. It does not provide legal advice or representation.
People’s IP, APC: Provides legal services related to trademarks, including legal advice and representation in trademark registration and related matters.
Services Overview
Non-Legal Services: Offered by Trademark Shark, including access to the SaaS platform for trademark management.
Legal Services: Provided by Law Firm, including trademark registration, legal advice, and representation.
Consultation
Trademark Shark offers a free consultation service to assist users with the software tools for the trademark registration process. This consultation, lasting up to 15 minutes, is conducted by our customer support team and does not involve legal advice or services. The purpose of this session is to clarify and guide users through the software functionalities and the registration process, not to provide legal consultations.
Please be aware that these consultations are for informational and software assistance purposes only. When you schedule a consultation, you consent to the recording or monitoring of the call, which helps us ensure quality and enhance training.
Use of Trademarks on Amazon® and Other Platforms
Trademark Shark and Law Firm are not affiliated with the Amazon Brand Registry or any social media platforms such as Instagram, Facebook, Twitter, Etsy, etc. When applying for the Amazon Brand Registry, adherence to its specific guidelines is crucial, and any failure to meet these guidelines could lead to application rejection, for which Trademark Shark and Law Firm bears no liability.
Similarly, the use of your trademark on third-party platforms is governed by the intellectual property protection policies of each respective service. Trademark Shark/Law Firm assumes no responsibility for the enforcement or protection of trademark rights on these external platforms.
User Portal
Placing an order with Trademark Shark, you should register as a User. As a registered User, you gain the ability to monitor the progress of your Trademark Registration process directly within the Customer Portal. If you opt not to register, you will need to contact Trademark Shark directly to inquire about the status of your Trademark Registration.
Payment Terms
Payments for Trademark Shark’s legal services can be made via card or bank transfer. Please note that bank transfers may incur additional processing time. The processing of your order will commence upon receipt of payment.
The fees for the Service, as listed in our Fee Schedule List, is does not include government fees. Price changes may occur under the following circumstances: modification in the number of goods and services classes you wish to protect; change in the number of territories where you seek trademark protection adjustments in Trademark Shark’s Price List between the placement and payment of your order will be communicated beforehand.
Upon registering your trademark, you are accountable for covering the Registration Fee, which includes government and service fees. Trademark Shark is not liable for any extra costs arising from office actions, oppositions, invalidations, cancellations, or other challenges to the trademark application.
If the specific Legal Service you require does not have a predetermined price, it will be established through a mutual agreement between you and Trademark Shark.
Please be aware that selecting terms outside the pre-approved list of the respective countries’ IP Office may result in additional charges under a “Custom list of terms.” For detailed pricing information, refer to the provided Price List.
GENERAL TERMS
Trademark Shark's Services
Trademark Shark offers online legal information to help visitors understand the law broadly and provides a proprietary software solution for individuals opting to prepare their own legal documents. The website features general information on common legal issues. Trademark Shark’s services include reviewing your answers for completeness, spelling, and internal consistency of names, addresses, and similar details. However, we do not review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, options, form selection, or strategies, nor do we apply the law to the specifics of your case. Trademark Shark is not a law firm and does not perform services that an attorney would provide. Our services and forms or templates are not substitutes for the advice or services of an attorney.
Trademark Shark strives to keep its legal documents accurate, current, and up-to-date. Nevertheless, due to the rapid changes in law, we cannot guarantee that all the information on the website or applications is completely current. Law varies across jurisdictions and may be interpreted differently by different courts. Law is a personal matter, and no general information or legal tool like what Trademark Shark provides can fit every situation. Thus, if you require legal advice for your specific issue, or if your issue is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
Occasionally, Trademark Shark may facilitate access to attorney services and connect visitors with attorneys through various means, including third-party attorney directory listings or limited scope agreements. However, at no time does such facilitation create an attorney-client relationship with Trademark Shark.
The use of this website and applications is not intended to create, nor does it create, any attorney-client relationship between you and Trademark Shark. When you use Trademark Shark’s legal document service, you are representing yourself in any legal matter you undertake.
Law Firm Client Engagement Process
Upon using the SaaS platform for initial trademark management tasks, you may engage with Law Firm for legal services. The engagement will be formalized through a separate agreement detailing the scope of legal services.
Legal Terms of Business
The legal services provided by Law Firm are governed by specific Legal Terms of Business, which will be provided to you when you engage the firm for legal services.
User Responsibility
Users are responsible for ensuring the accuracy and completeness of the information provided through the SaaS platform and in communications with Law Firm.
Users must understand the distinction between non-legal and legal services and ensure they seek appropriate advice from Law Firm for legal matters.
Intellectual Property
Trademark Shark LLC owns the intellectual property rights to the SaaS platform and grants users a non-exclusive, limited right to use the platform as per these Terms. Users agree not to infringe upon the intellectual property rights of Trademark Shark LLC and Law Firm.
This website contains proprietary material protected under United States Copyright Law, Trademark Law, trade secret law, and international treaty provisions. Trademark Shark expressly reserves all rights not specifically granted to you. You may not reprint, republish, redistribute, reproduce, retransmit, or transfer any materials from this website, in any form, beyond private or internal business use, without Trademark Shark’s prior written consent.
Trademark Shark’s name and logo, among other product and service names, are our service marks. You are prohibited from displaying or using these marks in any manner without our prior written permission.
No Resale of Service
You are forbidden from reproducing, duplicating, copying, selling, reselling, or exploiting any of our services, or any portion of said services, for commercial purposes.
Modification and/or Termination of Service
Trademark Shark reserves the right to modify or discontinue the Service (or any part thereof) temporarily or permanently at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuance of the Service.
Ownership
The content on this site is owned and maintained by Trademark Shark. All goodwill associated with the Trademark Shark name remains our property. Trademark Shark is responsible for the content on this site. Except as explicitly provided by Trademark Shark, no materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this site or any application should be construed to confer any license under Trademark Shark’s intellectual property rights, whether by estoppel, implication, or otherwise. Trademark Shark does not sell, license, lease, or provide any of the materials other than those specifically identified as being provided by Trademark Shark. Any rights not expressly granted herein are reserved by Trademark Shark.
Confidentiality
Both Trademark Shark and Law Firm commit to protecting the confidentiality of user information, with legal services provided by Law Firm being subject to attorney-client privilege.
Limitations of Liability
Trademark Shark and Law Firm disclaim liability for indirect, incidental, or consequential damages, except to the extent such limitations are prohibited by law.
Modification of Terms
Trademark Shark and Law Firm reserve the right to modify these Terms at any time. Users are encouraged to review the Terms periodically for any changes.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the jurisdiction of California, and any disputes will be subject to the jurisdiction of these courts, without regard to conflict laws.
By using the services of Trademark Shark LLC and/or engaging the legal services of People’s IP, APC, you acknowledge that you have read, understood, and agreed to these Terms.
PRIVACY POLICY
Trademark Shark respects your privacy and allows you to control the treatment of your personal information.
When you create an account to use or access certain parts of our website, applications, or services, you must provide complete and accurate information as required on our forms and through other communications with Trademark Shark. You will be prompted to create a username and password when accessing our site. The confidentiality of your password is your sole responsibility. You must not use another person’s account, username, or password. You are obliged to inform Trademark Shark immediately of any unauthorized use of your account, username, or password.
Trademark Shark will not be responsible for any loss you suffer due to unauthorized use of your account or password by others, whether or not you are aware of such use. You could be held accountable for losses Trademark Shark or its affiliates, officers, directors, employees, consultants, agents, and representatives incur due to unauthorized use of your account or password.
Email Opt-In Notice
By submitting your email address through our website or to an agent of Trademark Shark by phone, you consent to Trademark Shark using your email to contact you about existing products and services and to market similar products or services directly. You can opt out of such communications at any time by emailing Trademark Shark at info@trademarkshark.com to request removal from our lists, or by clicking the “unsubscribe” link in any marketing email you receive from us.
Disclaimer
The Website and all its content, provided “as is,” come with no guarantees or warranties, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
You are solely responsible for the risks associated with using our website and the information obtained from the Website. Trademark Shark is not responsible for the content of external websites that may be accessed through our site. This disclaimer does not apply to consumers in states where such disclaimers are otherwise prohibited by law.
Trademark Shark's Legal Forms Usage
Our website and applications provide self-guided “template-based” forms that are customizable by the user. Your purchase, download, or use of these forms is governed by the terms of this agreement. These forms, along with any instructions or guidance provided, are not tailored to your specific legal needs and do not constitute legal advice or legal practice by Trademark Shark. Any information provided by the Website is for educational purposes only and should not be construed as legal advice.
Review, Signature, and Amendments of Legal Forms
Our service includes self-guided forms that, depending on the nature of the form or service purchased, may require your signature or that of an authorized person to meet legal requirements. It is your duty to ensure these documents are signed before any provided signature link expires. Trademark Shark cannot sign or execute any documents on your behalf.
Before signing, you must review the documents to verify the accuracy of the information entered by our software or systems. If you need to amend the document(s), the following terms apply:
Amendments after Filing: Should a document require amendment after being filed, the standard rates for subsequent document packages will apply.
License to Use
Trademark Shark grants you a personal, limited, non-transferable, non-exclusive license to use our forms for your personal or internal business use, or for your clients if you are an attorney or professional. You may not modify, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or exploit any of the forms, except for completing them for your authorized use. You must not remove any copyright notice from the forms.
Warranty and Indemnification
YOU WARRANT THAT YOUR USE OF THE MATERIALS ON THIS WEBSITE WILL ALWAYS COMPLY WITH APPLICABLE LAWS, RULES, REGULATIONS, AND THIS AGREEMENT. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TRADEMARK SHARK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUBSIDIARIES FROM ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS, AND EXPENSES, INCLUDING LEGAL FEES, ARISING FROM YOUR BREACH OF THESE WARRANTIES AND REPRESENTATIONS. YOU ARE EXPECTED TO FULLY COOPERATE IN THE DEFENSE OF ANY SUCH CLAIM. TRADEMARK SHARK RESERVES THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU SHALL NOT SETTLE ANY SUCH MATTER WITHOUT OUR WRITTEN CONSENT.
Limitation of Liability and Indemnification
EXCEPT WHERE PROHIBITED BY LAW, YOU WILL HOLD TRADEMARK SHARK AND ITS AFFILIATES HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE THAT ARISES FROM THIS AGREEMENT OR ITS VIOLATION, EVEN IF TRADEMARK SHARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF TRADEMARK SHARK IS FOUND LIABLE, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, WITH NO PROVISION FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS LIMITATION MAY NOT APPLY IF PROHIBITED BY LAW AND DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
Disclaimer of Warranties
TRADEMARK SHARK PROVIDES THE SITE, APPLICATIONS, AND ALL MATERIALS “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SITE, APPLICATIONS, OR MATERIALS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK. TRADEMARK SHARK IS NOT RESPONSIBLE FOR ANY COMPUTER DAMAGE OR DATA LOSS FROM DOWNLOADS. DESPITE THIS, TRADEMARK SHARK OFFERS A SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE SEPARATELY. THIS DISCLAIMER DOES NOT APPLY TO PURCHASES MADE BY CONSUMERS IN STATES WHERE SUCH DISCLAIMER AGREEMENTS ARE NON-ENFORCEABLE.
Right to Refuse and Termination
Trademark Shark reserves the right to refuse service to anyone and cancel user access at any time. We may terminate this Agreement and your license to use our website and services at any time and for any reason.
Termination
Trademark Shark reserves the right to terminate this Agreement and your license to use our website and services at any time and for any reason.
Cancellation and Completion of Services
You agree that payment for services is for services contemporaneously rendered and due when the services are performed. The details of the services provided under our packages are described on Trademark Shark’s website and as confirmed during the purchase process.
Trademark Shark’s services are executed promptly once ordered. You recognize that once services are performed, regardless of the outcome, the fees paid to Trademark Shark are non-refundable. For our filing package services, fees are considered earned as of the date work sufficient for a filing is completed, regardless of whether the filing is ultimately completed. If services are sufficient for completion but cannot be finalized due to customer action or inaction, or other factors, Trademark Shark is entitled to the fees for the ordered package. Any potential refund will be limited to government filing fees not expended. Additional charges may apply if you decide to proceed with the filing.
You may cancel an order within 24 hours of placement, subject to the conditions outlined above. Complimentary additional services are provided with our filing packages as long as you remain a customer of Trademark Shark. For other services, fees paid are considered earned as of the date when Trademark Shark completes sufficient work related to the purchased package.
Governing Law
This Agreement will be construed, interpreted, and governed by the laws of the State of California, excluding its conflict of law provisions. The exclusive forum for any disputes arising from or related to this Agreement will be the United States District Court for the Central District of California or the appropriate state court located in San Diego County, California, USA.
Severability
If any provision of this Agreement is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. In the event that any severable provision is found invalid, the parties hereby request that the court replace such invalid provision with a valid one that most closely achieves the intent and economic effect of the invalid provision.
Form Data Accuracy
You recognize that the information provided through our website is critical for creating or protecting legal rights and must therefore be truthful and accurate. Should you find any errors in your submission to any government agency, you have 30 days to inform Trademark Shark. We are not responsible for inaccuracies in submissions not reported within this timeframe. Intentionally false statements to government entities could compromise the validity of filed documents and the associated legal rights.
Third-Party Acts and Omissions
Trademark Shark is not liable for actions or omissions by third parties that may affect official documents from government agencies, such as the U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Postal Service, or state agencies.
Outsourcing
Trademark Shark may outsource specific tasks to external personnel to enhance efficiency, effectiveness, and cost-effectiveness for our customers. By using Trademark Shark’s services, you consent to the possibility that some services may be executed by outsourced personnel, as detailed on our website.
Waiver
Neither party’s failure to enforce any breach or default of this Agreement will be considered a waiver of any prior or subsequent breach or default
Terms of Service for Individual Products
Monitoring Services
Trademark Shark offers self-guided monitoring services aimed at helping customers protect and enforce their intellectual property rights. While we strive to provide effective solutions, we cannot guarantee the outcomes of these Monitoring efforts. Additionally, we do not warrant that these efforts will prevent third-party counter-actions, claims, or defenses related to the Monitoring or enforcement process.
These monitoring services are accessible to all our as part of our standard business, copyright, or trademark services. Monitoring services must be explicitly requested and will be provided as separate engagements distinct from any other services purchased through Trademark Shark.
Trademark Shark Search Services
General Terms
Service Limitations: Our searches are designed to identify potential barriers to trademark registration but are not infallible due to the nuanced nature of trademark law.
Options upon Conflict Discovery: If searches reveal possible conflicts, clients may either pursue alternative trademarks at a discounted rate or proceed with filing, eligible for discounts on substantive response packages if registration is refused.
Remediation for Oversights: In rare cases where our searches miss significant conflicts leading to registration refusal, we offer complimentary assistance to address the issue.
Trademark Shark’s search services are meticulous yet subject to the inherent uncertainties of trademark law, without guaranteeing registration success or legal use of any trademark.
Direct Hit Search
Trademark Shark’s Direct Hit Search performs an exact match search in the U.S. Patent and Trademark Office’s Federal Trademark Database for word or standard character marks. This service aims to identify trademarks that exactly match your search query, potentially blocking your trademark registration.
Results from the Direct Hit Search are provided promptly, usually within 1-4 business hours when ordered online. This search covers up to five classes of goods and services, with additional classes requiring separate reports.
Federal Search
The Federal Search by Trademark Shark extends beyond direct matches, utilizing a trade-secret algorithm from a third-party provider to find potential conflicts in the Federal Trademark Database. This comprehensive search looks for: Direct Hits, Similar Trademarks and Near Hits, Phonetic Sounding Equivalents, Translation or Foreign Equivalents.
Reports from the Federal Search are delivered within 2-3 business days after order completion. Trademark Shark reserves the right to modify the delivery schedule with prior notice. This search includes up to five classes of goods and services, with additional classes necessitating extra reports.
While we strive for accuracy, the unpredictable nature of trademark law means we cannot guarantee that all potential conflicts will be identified.
Clearance Search
Our Clearance Search includes a thorough investigation of the Federal Trademark Database and analysis of common grounds for trademark registration refusals. Delivered within three business days post-payment, this search covers up to five classes of goods and services, with additional classes requiring further reports.
This service, while detailed, does not provide legal advice or predict all possible grounds for refusal due to the subjective aspects of trademark law.
International Trademark Search
For trademarks needing international protection, we conduct searches in specified countries using a reliable third-party service. While we endeavor to provide comprehensive results, the complexity of international trademark law means we cannot guarantee the identification of all potential obstacles.
Ace and Agile Filing Service
When you submit a request for our Agile and/or Apex Filing package, we conduct a Direct Hit Search of the U.S. Patent and Trademark Office (USPTO) records for your exact trademark. This search is limited to identifying exact matches in the USPTO records and does not cover phonetically similar trademarks, translations, or design similarities.
Refund Policy
If our Direct Hit Search uncovers a trademark that could block your registration, you may request a refund of the total amount paid minus a $25 fee, provided this request is made before we submit the trademark application to the USPTO. Once we have prepared your application and sent it to you for signature, the full fee of $59 for the package is considered earned.
Communication Consent
By using this service, you authorize Trademark Shark to use your email for receiving electronic notifications from the USPTO regarding your application’s status. Any registration certificate will be sent directly to you or to the correspondence address you provide.
Service Inclusions
The Apex and Agile Filing package allows for the inclusion of up to three goods or services from the USPTO’s Acceptable Goods and Services Manual in one classification of goods. Additional goods or services and classifications can be included for extra fees.
Registration Guarantee and Limitations
Purchasing the Ace and/or Agile Filing Basic package does not guarantee trademark registration with the USPTO. This service excludes responses to Procedural or Substantive Refusals. We also do not warrant that the use of the trademark is legally authorized or immune to challenges from third parties.
Changes and Additional Charges
Any modifications requested by you to the application forms, based on the information you initially provided, may incur additional fees. This applies especially if you decide to alter or amend the supplied information before the forms are finalized.
Apex Package Terms of Service
Apex Service with clearance search and attorney consultation is provided by the Law Firm. After the successful conflict check and engagement agreement to the Law Firm, upon completing the Clearance Search included in the Apex package, the Law Firm will provide general insights into potential grounds for trademark registration refusal. If you identify possible reasons for refusal before filing:
Cancellation Option: You may opt not to proceed with the filing and receive a refund of all payments made, minus a $349 Clearance Search fee.
Alternative Trademark Discount: If you decide to pursue a different trademark, you’ll receive a $200 discount on another filing service, reducing the cost from $559 to $349, applicable to an unlimited number of trademarks.
Search Accuracy and Remedies
In the rare event the Comprehensive Clearance Search misses a potential blocking trademark or other refusal grounds, and your trademark registration is refused, Trademark Shark will provide a complimentary Office Action response at no additional charge. This is deemed the sole remedy for such oversights.
Communication Consent
By using the Apex package, you consent to receive electronic notifications from the USPTO about your application’s status. Any resulting registration certificates will be directly mailed to you or to the address you provide.
Package Inclusions
The Apex package includes searches for up to ten goods or services from the USPTO’s Acceptable Goods and Services Manual in one classification of goods. Additional goods and services and classifications can be added for extra fees.
Registration Guarantee and Legal Authorization
The purchase of the Apex package does not guarantee USPTO registration. This package excludes responses to Substantive Refusals, except as specified above, and does not warrant that the trademark’s use is legally authorized or immune to third-party challenges.
Amendments and Additional Charges
Additional fees will apply for any changes you request to the forms based on the information you provided, especially if you decide to alter the information before the forms are submitted to the USPTO.
International Registration
The International Registration Package offered by Trademark Shark facilitates the submission of your trademark application to foreign trademark offices. However, this package does not encompass a preliminary search of these international trademark databases to identify potential conflicts.
Purchasing this package does not ensure the successful registration of your trademark in the designated international territories. The service is limited to the submission of the application and does not cover actions in response to any refusals or objections raised by the foreign trademark offices.
Trademark Shark does not warrant that the trademark’s use under this package is legally authorized in the applied-for territories or that it will be free from challenges or opposition by third parties.
Trademark Shark Office Action Services
Trademark Shark offers services to respond to Office Actions and appeals through software licensed from a third party. Our packages include: Procedural Office Action Response, Substantive Office Action Response, Office Action Appeal.
Access to our proprietary software enables customers to create responses to USPTO refusals and appeals independently.
Procedural Response Package
Service Details: Upon selecting this package, you will receive guidance to assemble your response based on your provided information.
Fees Earned: The total package fee is considered earned once the response is compiled and sent for your signature. You must sign the document as we cannot sign on your behalf.
No Registration Guarantee: Purchasing this package does not assure trademark registration and carries no warranty regarding the legality or challenge-free status of the trademark.
Refusal Response Package
Process: You will complete a questionnaire to craft a response to the specific refusal. The provided answers will be used by our software to create your response.
Fees Earned: The Substantive response fee is earned once the response is prepared and sent to you. Signature is required from you to complete the filing.
No Registration Guarantee: This package does not guarantee trademark registration with the USPTO and does not warrant against potential legal challenges.
Appeal of Refusal Package
Process: Similar to the Refusal Response, you will answer a questionnaire that helps formulate the appeal response.
Fees Earned: The package fee is earned upon preparing and sending the response for your review or signature. You are responsible for signing the document and any additional government filing fees.
No Registration Guarantee: This service does not ensure the success of trademark registration or that the trademark use is legally authorized and unchallengeable.
Additional Terms for All Packages
Client Responsibility: You are accountable for any changes made to forms based on your instructions, and additional charges may apply for such amendments.
No Warranty: Trademark Shark makes no guarantees that the use of the trademark is legally authorized or that it will not face third-party challenges
Trademark Shark Renewal Packages
Terms of Service for Trademark Renewal: By utilizing Trademark Shark’s trademark renewal services to renew your federally registered trademark(s), you affirm the following:
Active Use: Unless declared otherwise for excusable nonuse, the trademark is actively used in commerce for the goods/services or to indicate membership in the specified collective organization, supported by provided specimens.
Continuous Use: The trademark has been in continuous use in commerce for five years following its registration or publication date under 15 U.S.C. § 1062(c) and remains in use for all the listed goods/services or to indicate the collective membership organization.
Ownership and Rights: There have been no adverse final decisions regarding the ownership of the mark or the right to maintain its registration or presence on the register for the goods/services or collective membership organization.
Legal Proceedings: There are no ongoing or unresolved legal proceedings in the USPTO or courts affecting the rights to the trademark.
Truthful Disclosure: The signatory asserts that to the best of their knowledge, information, and belief, formed after reasonable inquiry, the statements and factual contentions are supported by evidence.
Legal Warning
THE SIGNATORY ACKNOWLEDGES THAT WILLFUL FALSE STATEMENTS ARE SUBJECT TO PENALTIES INCLUDING FINES OR IMPRISONMENT UNDER 18 U.S.C. § 1001, AND SUCH FALSE STATEMENTS MAY RISK THE VALIDITY OF THE APPLICATION AND THE TRADEMARK’S REGISTRATION. ALL DECLARATIONS MADE ARE TRUE TO THE SIGNATORY’S KNOWLEDGE, AND ANY STATEMENTS BASED ON INFORMATION AND BELIEF ARE BELIEVED TO BE TRUE.
BY UTILIZING THE SERVICES OR ACCESSING THE WEBSITE OF TRADEMARK SHARK, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. Trademark Shark is located at 3720 Mykonos Lane, San Diego California.