Terms of Service

I hereby understand, give consent, and give Power of Attorney to the law firm of Raj Abhyanker, P.C., to represent me on trademark matters before the United States Trademark Office based on a successful conflict check.   Raj Abhyanker P.C. is a full service intellectual property and corporate law firm with headquarters in Mountain View, California (see: www.rajpatent.com). 

For Standard and Plus packages, Client retains attorney (1) to prepare and file a trademark application based on the information given to us by Client electronically through this form and (2) to serve as an attorney contact for future correspondence between the USPTO and the Client.

Attorney or Regional Firm will keep the Client appraised of developments as necessary to perform our services and will consult with the Client as necessary to ensure the timely, effective, and efficient completion of legal work.

For U.S. trademark matters only, I understand that Raj Abhyanker P.C. will represent me only after a successful conflict check.  Until that time, I will be a Prospective Client of the Attorney.  

I also understand that the Trademarkia.com website and search engine was created by the law firm Raj Abhyanker P.C. in Mountain View, California but is a separate business from the law firm. I understand that Trademarkia.com is a separate software development company which creates software programming code to deliver automated search functionality using free government and non-government public data.

I fully understand that Trademarkia.com is not a law firm, and that Trademarkia.com does not earn money from any legal services, in whole or in part. I fully understand that Trademarkia.com cannot and does not provide any legal services or legal advice. I understand that customer service representatives at Trademarkia.com cannot answer any legal questions requiring analysis of my specific facts with federal and state law. I understand that Trademarkia customer service can only answer website usability questions related to general free search and logo design, domain registration, website design and other non-legal questions on the Trademarkia.com website only.

I understand that if I decide to file a trademark application in the United States, I will be represented solely by U.S. licensed attorneys at the law firm of Raj Abhyanker P.C. after a successful conflict check. I understand that I must communicate confidential information only through the licensed attorney to with whom I have an attorney/client relationship at the law firm of Raj Abhyanker P.C. I understand that there is a physical and electronic confidentiality wall between communications between employees of Trademarkia, Inc. and Raj Abhyanker P.C. with respect to any confidential materials. I understand that attorneys at Raj Abhyanker P.C. will not share confidential information with Trademarkia.com customer service representatives. I understand that attorneys at Raj Abhyanker P.C. are able to advise me only on federal U.S. legal issues and/or state law questions in states in which attorneys at the firm are licensed only.

To best protect my interests, I understand Raj Abhyanker P.C. will deposit my money for all legal services into an IOLTA escrow trust account until (1) a conflict check is performed and law firm fees are earned (2) business page creation fees are earned or (3) foreign filings are authorized. I understand that Trademarkia does not earn ANY portion of legal services, in whole or in part. Legal fees are solely earned by the law firm of Raj Abhyanker P.C. for legal services in the United States after a conflict check and legal work is commenced per the terms I assent to in an online workflow. I understand that Trademarkia.com solely earns money only for attorney advertising and non-legal services such as logo design, website design/publishing, and user name search reservation services only.

I understand that I am free to choose any licensed U.S. trademark attorney to represent me by not using the Trademarkia.com website, and that a complete list of registered attorneys licensed to practice U.S. federal trademark law may be obtained by contacting a State Bar in my state or the United States Trademark Office. I understand that only one law firm is invited to advertise on Trademarkia.com in each country, and that Raj Abhyanker P.C. is the exclusive advertiser on Trademarkia.com in the United States. I understand that there are other law firm advertisers in other countries on Trademarkia, a list of which can be found at this link: http://www.trademarkia.com/trademarkia-advertisers/advertisers.aspx.

For non-U.S. trademark matters, I hereby understand that trademarks will be filed in my own name when country law permits, or an introduction will be made to licensed law firms in countries other than the United States ("Regional Firm") for trademark matters in such countries. In instances where a Regional Firm is authorized, I understand that the attorney/client relationship will be between me and the Regional Firm, and that I will not be represented by Raj Abhyanker P.C other than for the limited purpose of ensuring that the Prospective Client is satisfied with the services of the Regional Firm. In the case that information is shared with the Prospective Client through Raj Abhyanker P.C. on behalf of the Regional Firm, such communications will be privileged and maintained confidentially. I will be introduced to Regional Firm, and any confidential communication for non-U.S. matters will be between me and the Regional Firm only, without involvement from Raj Abhyanker P.C. or Trademarkia. I hereby understand that any international fees listed or paid for include a cash hedge against currency fluctuations and are quoted in US dollars.

For creating a business page on Trademarkia that do not involve a federal registration request in the United States Trademark Office, I understand that Raj Abhyanker P.C. will not represent me. Fees will be earned by Trademarkia, Inc. directly upon creating a business page on Trademarkia.com, and I will be solely responsible for the accuracy of the information I provide to Trademarkia.

Please read the Terms of Service below and check the box if you accept the agreement.  

TERMS OF SERVICE

For U.S. trademark matters, these terms of service and representation agreement ("Agreement") are entered into by and between Raj Abhyanker, P.C. ("Attorney") and the person who requests the U.S. trademark related services ("Client"). This Agreement becomes effective on the date Client requests the services described below, and only if Client elects to make such a request.

1. Limited Scope of Services
For Standard and Plus packages, Client retains attorney (1) to prepare and file a trademark application based on the information given to us by Client electronically through this form and (2) to serve as an attorney contact for future correspondence between the USPTO and the Client.    In addition to this, Client retains Attorney to provide a single phone consultation of up to thirty (30) minutes (Limited Scope of Services) in the Gold trademark packages described on Trademarkia.com at the Client's request.      

In addition, in the Gold trademark registration filing packages, Client retains Attorney to provide additional services including :

  1. an initial email to the Client that confirms the information electronically provided by Client;
  2. suggestions on how to emphasize what Client believes to be the trademarkable aspects of Client’s name, logo, and slogan written description submitted through Trademarkia;
  3. answers to your basic federal trademark law questions;
  4. suggestions on how to use trademark search results;
  5. answers to why you may want to obtain a trademarkability opinion based on your trademark search results;
  6. brief explanation of advantages and disadvantages of filing intent to use trademark applications;
  7. answers to your questions of whether a federal trademark or other type of federal intellectual property protection is appropriate for you;
  8. suggestions on how to proceed to protect your business name, logo, or slogan through federal trademark protection;
  9. brief explanation of advantages and disadvantages of an infringement opinion; and
  10. summary of consultation in email to you if you request it.

Therefore, and as examples only, EXCLUDED from the Limited Scope of Services are:

  1. discussion on state trademarks and/or state law;
  2. assessment of common law rights by others that might preclude you from securing common law rights or acquiring federal registration;
  3. responses to Office Actions from government agencies;
  4. responses to Cease and Desist challenges from parties disputing ownership;
  5. responses to Opposition proceedings against your trademark;
  6. review, analysis, and formal opinion of prior art or trademark search results;
  7. appeals to the Trademark Trials and Appeals Board (TTAB);
  8. assessment of originality of mark;
  9. assessment of ownership;
  10. assessment of likelihood of confusion challenges;
  11. assessment of statutory and court-sanctioned bars to trademarkability;
  12. infringement of trademarks owned by others.
  13. Examination and assessment of any of your previously filed trademarks and any recommendations thereto.

Client may retain Attorney to provide all or some of the excluded services under a separate retention agreement.

2. Service Fees/Costs
For the Limited Scope of Services, and prior to the commencement of services, Client agrees to pay Attorney the charges described herein.

Furthermore Client expressly agrees that for Standard, Plus, and Gold Packages, Attorney’s fees are earned once any one of the following conditions are met:

i) Attorney has conducted a preliminary review of the filing information submitted by Client.

ii) Attorney has sent correspondence to Client regarding any issues related to the preparation of Client’s pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.

iii) Client utilizes any of their allotted phone consultation time with Attorney.

iv) Attorney commences any of the limited scope of services outlined in Section 1.

3. Cancellation Policy
The Limited Scope of Services may be cancelled by Client prior to the time Attorney commences the Limited Scope of Services.

If Client cancels the Limited Scope of Services any time after Attorney commences the Limited Scope of Services, the above service fees are non-refundable.

4. No Guarantee
a. Attorney has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.

b. Client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, Attorney cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, mark likelihood of challenges by other parties and/or Client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

c. Client understands that Attorney is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.

d. Client understand that Attorney cannot file an Office Action response on their behalf if the time limit given by the government has expired. In such instances, if an Office Action response request is made by the Client after the time limit given by the government has expired, Client hereby authorizes the Attorney to file a Petition to Revive the trademark application if such an option is still available and to charge the applicable government fee associated with a Petition to Revive to the payment information provided by the Client. If the option is no longer available, Attorney will refund all escrow IOLTA funds related to such a request to the Client.

5. Consent to Attorney Changes and/or Discretion
Client agrees and authorizes Attorney to make changes to Client’s trademark application for the purpose of facilitating registration of Client’s trademark application in accordance with applicable law. These changes include, but are not limited to the following:

i)  Proof of Use/Specimens and 1(A) Applications

Where Client requests filing of a 1(a) Use-In-Commerce trademark application with the USPTO, Client expressly agrees and authorizes Attorney to examine the suitability of the proofs of use/specimens (“specimens”) submitted by Client.  Where such specimens are not sufficient, Client agrees and authorizes Attorney to conduct an on-line search for alternate acceptable specimens, and to file such specimens with Client’s application without further approval from the client.  Attorney will exercise its best efforts and discretion to ensure the accuracy and validity of such specimens submitted subject to Section 4.

Where Attorney requests Client to provide alternate specimens, if Client fails to provide the requested alternate specimens within 72 hours of Attorney’s initial request, Client agrees and authorizes Attorney to file with the current specimens provided and/or other specimens deemed acceptable by Attorney.

ii)  Logo Mark Applications

Where Client requests filing of a logo mark application, Client agrees and authorizes Attorney to file the logo mark application based upon the colors expressly claimed and/or featured on the logo mark submitted by Client.  Client expressly acknowledges that it is their responsibility to request, in writing, that a logo mark be filed without a color claim if desired.

6. Representations of Client
In providing Attorney and/or Regional Firm with any information and/or materials to be used in conjunction with Client's request for trademark legal services, Client expressly and voluntarily declares that:
a. Client believes they are entitled to use the applied-for or at-issue mark in commerce.

b. To Client's best of their knowledge and belief, no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive.

c. Client declares that all statements made of his/her own knowledge and provided to Attorney and/or Regional Firm are true; and that all statements made on information and belief are believed to be true;

d. Client acknowledges and understands that Attorney and/or Regional Firm may reasonably rely upon any information and/or materials provided by Client to be used in conjuction with Client’s request for trademark legal services;

e. Client understands that any willful false statements and the like may be punishable by law and constitute grounds for invalidating any trademark filings utilizing such willful false statements;

f. Where Client fails to adhere to any of the provisions listed in Section 6(a)-(e) above, Client indemnifies, absolves, and holds harmless Attorney and/or Regional Firm from any liability stemming from Client's failure to adhere to the provisions of Section 6 contained herein.

7. Choice of Attorney
Client agrees and authorizes Attorney to select any licensed U.S. trademark attorney at the firm to work on the client’s matter at Attorney’s discretion. If Client wishes to request a specific attorney at the firm to work on their matter, Client must notify the firm within 48hrs of making their initial request for legal services. Client acknowledges that their request is subject to the availability and consent of the requested attorney, and that the ultimate choice in attorneys lies with the firm. Client may review profiles of attorneys at the firm at www.rajpatent.com.

8.  Trademarkia
a. Attorney is an entity separate from Trademarkia.com and its parent company, Trademarkia, Inc. Individuals of the firm of Raj Abhyanker P.C. may serve as consultants and/or shareholders of Trademarkia, Inc. However, Attorney is not a subsidiary or division of Trademarkia, Inc. Trademarkia, Inc. is a software automation company only and is not a law firm. Trademarkia, Inc. does not receive any portion of Attorney’s fees and any arrangement subsequently made by Client and Attorney is strictly between Client and Attorney. All marketing services performed by Trademarkia, Inc. on behalf of Attorney are paid for by Attorney and not by the Client.

b. Client acknowledges that Trademarkia.com and its parent company, Trademarkia, Inc. did not give Client any legal advice, opinion and/or recommendation about Client’s legal rights, remedies, defenses, options, selection of forms or strategies. Client agrees that email is the primary mode of correspondence, and therefore Client agrees to regularly check for emails from Trademarkia.com for auto-generated notices and alerts based on publicly released information related to their trademark.

c. Trademarkia.com and its parent company, Trademarkia, Inc. exist solely within the state of California. Client agrees that regardless of where Client resides or where Client’s browser is physically located, the viewing and use of Trademarkia occurs solely within the County of Santa Clara in the State of California, and that all content shall be deemed to be served from Santa Clara, California, as if Client had physically traveled there to view the site. Client agrees that California law shall govern any disputes arising from my use of the Trademarkia.com website.

d. Trademarkia and its parent company, Trademarkia, Inc. is not responsible for the quality of Attorney or Regional Firm services, and Client agrees to hold Trademarkia, Inc. harmless.  Even if liability is found on the part of Trademarkia, Inc. it will be limited to the amount paid for the services, and under no circumstances will there be consequential, special or punitive damages.

e. Client expressly authorizes Trademarkia, Inc., to directly and confidentially transfer Client information provided via the Trademarkia website to Attorney and/or Regional Firm for the sole purpose of allowing Attorney and Regional Firm to perform the Limited Scope of Services set forth herein. Furthermore, client expressly authorizes Trademarkia, Inc., Attorney, and/or Regional Firm to share limited Client contact information for the sole purpose of allowing Attorney and Regional Firm to perform the Limited Scope Services set forth herein. Nothing herein shall relieve Attorney and Regional Firm of its duty of confidentiality beyond the confidential transfer of inputted information onto the Trademarkia website between Trademarkia, Inc., Attorney, and/or Regional Firm as required to adequately perform the services requested. Client is instructed to not share confidential information with Trademarkia, and to directly correspond with Attorney and/or Regional Firm regarding matters confidential in nature requiring privileged communication between a licensed attorney and the Client.

9. Future Work for Others
Client agrees that Attorney or Regional Firm's representation of Client is for the Limited Scope of Services defined herein, and Client agree that Attorney or Regional Firm may represent parties in the future on matters that may be adverse to Client, so long as such future representation does not involve confidential information which Attorney or Regional Firm gained from its representation of Client pursuant to this Agreement. In any event, Attorney or Regional Firm will seek to prevent any and all conflicts of interest by withdrawing Power of Attorney and notifying Clients to select another firm when necessary. During such a process, Attorney or Regional Firm will preserve client confidences and will work to make such a transition as smooth as possible. Client agrees that email is the primary mode of correspondence, and therefore Client agrees to regularly check for emails from Attorney or Regional Firm for important, time sensitive communications.

10.  General Responsibilities of Attorney and Client 
Attorney or Regional Firm will keep the Client appraised of developments as necessary to perform our services and will consult with the Client as necessary to ensure the timely, effective, and efficient completion of legal work. Unless the Client instructs Attorney and/or Regional Firm otherwise in writing, this contact may be through email without encryption (the risk is that a third party may intercept the communication). If and when it is necessary for us to engage Regional Firm to handle filings and other matters outside the United States, the Regional Firm may form a direct and independent attorney-client relationship with the Client. The Client is financially responsible for payment of the Regional Firm’s fees, and the Regional Firm is directly responsible to the Client for proper discharge of professional services rendered by that associate.

11.  Waiver of Conflicts
Client hereby agrees, by expressly accepting this agreement, that Attorney and Regional Firm may publicly disclose that Attorney and Regional Firm represent the Client.  Attorney and Regional Firm may, for example, have to disclose such representation to other clients for reasons of identifying and/or resolving client conflicts.  The U.S. Trademark Office and the European OHIM Trademark Office also makes such relationships public.

Attorney and Regional Firm's expertise derives from many years of representing different clients, some of whom focus on similar business areas.  Due to the size of Attorney and Regional Firm, there is potentially a different group of attorneys in the Attorney and Regional Firm preparing and prosecuting trademark applications for another entity (perhaps a competitor) in the same, similar, or related technology area as the Client.  It is our belief that such representation does not amount to a potential or actual conflict as defined by the United States Patent & Trademark Office and the California Rules of Professional Conduct.

In most situations, it is not even possible to predict such potential conflicts.  Therefore, Attorney and Regional Firm want the Client to be aware that Attorney and Regional Firm do not view such possibilities as requiring any disclosure under Rule 3-310(B).  Attorney and Regional Firm ask that the Client hereby provide consent, by accepting this agreement, to our representation of such other clients.  The Client can be assured that to the extent Attorney and Regional Firm are aware of the possible relatedness of technology Attorney and Regional Firm are working on for different clients, Attorney and Regional Firm take reasonable steps to prevent any information provided by the Client from being made available to members of the Attorney and Regional Firm working for competing entities in the same technology area. In addition, if the Client is aware of any entities for which Attorney and Regional Firm should take such reasonable steps, the Client is invited to identify such entities in writing.  It should also be noted that if a dispute occurs between Clients, Attorney and Regional Firm will not represent either of the Clients in the dispute. 

12.  Agreement for Binding Arbitration 
Attorney and Regional Firm do not anticipate having any disagreements with the Client about the quality, cost or appropriateness of our services, but if any concerns about these matters arise, please notify us immediately. Attorney and Regional Firm would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each of us hereby agrees that all disputes or claims between us of any nature whatsoever, including but not limited to those relating to our fees or the quality or appropriateness of our services, shall be resolved by binding arbitration. Attorney and Regional Firm choose arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.

The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS"). The arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with California law, and shall have power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of California, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in California, and in the Counties of Santa Clara or San Francisco.

The Client understands that it is free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and the Client agrees that it is voluntarily accepting this agreement.

13.  Severability
If any section of this Agreement is found by competent authority to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of such section in every other respect and the remainder of this Agreement shall continue in effect.

14. Conclusion
Attorney and Regional Firm are, of course, delighted to be asked to provide legal services to the Client, and Attorney and Regional Firm are looking forward to working with the Client on this engagement. Should the Client ever wish to discuss any matter relating to our legal representation by Attorney, please do not hesitate to call us directly at 650-965-8731 (U.S. office), or to speak to one of our attorneys who are familiar with this engagement.