Trademarkia.com is a website of the law firm LegalForce RAPC Worldwide P.C. (www.legalforcelaw.com) in Mountain View, California ("Firm").
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT.
1. Nature of Trademarkia Products/Services
Trademarkia.com is a free service that offers automation tools and technologies to automate the search, accessibility, and automation of legal information, docketing, alerting, and processes. Trademarkia.com software technology to give visitors a general search to information including trademarks, domains, patents, oppositions, litigation records, corporate records, pictures, and videos.
Trademarkia Customer Service Representatives
Trademarkia Customer Service representatives cannot answer legal questions and you should not share confidential communications with them. Trademarkia customer service representatives can only answer basic questions about our search engine and direct you to public sources of information that might have answers to your questions.
2. Nature of Legal Services Advertised on Trademarkia websites
I understand that the Trademarkia.com website and search engine is created by and owned the law firm LegalForce RAPC Worldwide in Mountain View, California.
I understand that if I decide to file a trademark application in the United States, I may be represented solely by U.S. licensed attorneys at the law firm of LegalForce RAPC Worldwide after a successful conflict check. I understand that I must communicate confidential information only through the licensed attorney with whom I have an attorney/client relationship at the law firm of LegalForce RAPC Worldwide. To best protect my interests, I understand LegalForce RAPC Worldwide 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 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.
Conflict of Interest Check
Prior to providing any legal services to soliciting users, we are required to conduct a conflict of interest check in order to conform to any applicable bar rules and/or regulations. In the event that a conflict of interest exists, we are required to notify applicable users. Where a conflict of interest cannot be resolved in conformance with applicable bar rules and/or regulations, we will refund the user for any fees paid in anticipation of legal services rendered.
Payment of Fees
To best protect your interests and for your benefit, you understand that money charged through Trademarkia.com for legal services is deposited into an IOLTA trust account until fees are earned per the terms and conditions of a particular service that you elect. Generally, LegalForce RAPC Worldwide earns fees once legal work has started.
Currently, all applications for the registration of a trademark in the United States are managed by LegalForce RAPC Worldwide after a successful conflict check performed to best protect your interests.
Trademarkia.com collects government fees in United States Dollars (USD) only based on pre-negotiated conversion rates with foreign counsel to minimize currency fluctuation risk.
Subject to the "Conflict of Interest Check" provision stated above, any other issuance of refunds is at the sole discretion of the Firm. However, Platform Licensees have agreed to the following general policies regarding refunds and fees paid:
3. Nature of Government Data Displayed on the Trademarkia.com website
Government records are public information displayed on the Trademarkia.com website. Trademarkia.com does its best to make sure it's data is current and accurate but cannot guarantee the accuracy of the data on the site. Sometimes, individual records on Trademarkia websites are removed or masked because of owner's request. Furthermore, due to refresh delays, Trademarkia.com cannot guarantee that all the information on the site is completely current.
While abandoned, expired and canceled trademarks are displayed on Trademarkia websites, we cannot guarantee that these marks are not currently being used, or if there are any common law or copyright claims that may be made to these marks. In some cases, there may be current uses in commerce and common law rights that may prevent other marks' registration and/or enforceability. Just because you access this free website of Trademarkia.com, you are not a client of LegalForce RAPC Worldwide P.C. unless a retainer agreement is signed and a conflict check is cleared. Visitors on LegalForce RAPC Worldwide P.C. websites including Trademarkia.com are requested to contact a registered trademark attorney in their local jurisdiction with whom they have a prior relationship or have a trusted referral from.
4. Nature of Auto-Reminders Produced by Trademarkia.com
Upon user request, Trademarkia may auto-publish and auto-remind users of trademark filings, once filings are made public by a government agency. Such alerts are intended for informational purposes, and are based off of publicly available data provided by various government agencies. Trademarkia makes every effort to ensure that such auto-reminders comply fully with any federal and state anti-spam laws.
When you open an account to use or access certain portions of the Trademarkia.com websites and/or service, you must complete the registration process by providing complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Trademarkia.com immediately of any unauthorized use of your account, user name or password. Trademarkia.com shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Trademarkia.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
6. Ownership. This Site is owned and operated by LegalForce RAPC Worldwide P.C.. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by the LegalForce RAPC Worldwide P.C.or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by the LegalForce RAPC Worldwide P.C. or applicable third party providers, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of the LegalForce RAPC Worldwide P.C.’s intellectual property rights, whether by estoppel, implication, or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. LegalForce RAPC Worldwide P.C. does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by LegalForce RAPC Worldwide P.C.. Any rights not expressly granted herein are reserved by LegalForce RAPC Worldwide P.C.
7. Limited Permission to Download. Trademarkia.com hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
8. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than Trademarkia.com (the "Third Party Sites"). Trademarkia.com works with a number of partners and affiliates whose sites are linked with the Trademarkia.com website. The Firm is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. The Firm makes no guarantees about the content or quality of the products or services provided by such sites. The Firm is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Firm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Firm of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that the Firm is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
9. Use of the Trademarkia Answers The Trademarkia Answers section of the website is a free peer-community forum. The Firm disclaims any and all liability for any comments, postings, or other material provided by users of Trademarkia Answers. The Firm makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of Trademarkia Answers. Furthermore, by using Trademarkia Answers, you explicitly agree to disclaim the Firm from any and all liability arising from your use of Trademarkia Answers. Visitors are encouraged to talk directly with a registered attorney to discuss their particular legal questions.
Rights and Responsibilities of the Firm:
The Firm does not screen or monitor any comments, postings, or other material provided by users of Trademarkia Answers, and no prior approval is required for posting. The Firm disclaims all copyright and ownership in such works and all responsibility for them.
Although it cannot make an absolute guarantee of system security, The Firm takes reasonable steps to maintain security. If you have reason to believe that system security has been breached, contact us by E-MAIL for help.
If the Firm's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, the Firm reserves the right to delete those files or to stop those processes. If the Firm's technical staff suspects a username is being used by someone who is not authorized by the proper user, the Firm may temporarily disable that user's access in order to preserve system security. In all such cases, the Firm will contact the member as soon as feasible.
The Firm has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any Forum and Trademarkia Answers posting, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to offensive language and advertisements. However, the Firm is not responsible for any failure or delay in removing or altering such material.
The Firm reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of Users or Other Posters to the "Answers":
You may use any of the Firm's services, including but not limited to Trademarkia Answers, for lawful purposes only. You may not engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, licensed professional, business or entity, including our employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- offers, promotes or encourages betting or wagering prohibited by law;
- interferes with the use of our Services by others;
- causes damage or impairs our servers or network;
- interferes with any other party's use and enjoyment of our Services; or
- attempts to gain unauthorized access to our services, user accounts, computer systems or networks.
10. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE FIRM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
USE OF ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE FIRM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE FIRM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE FIRM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Indemnification. You agree to defend, indemnify and hold harmless the Firm, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
13. Unsolicited Submissions. The Firm does not want you to submit confidential or proprietary information to it through this Site, other than materials necessary for the utilization of legal services provided by attorneys and/or law firms advertising as part of the Firm's foreign co-counsel. All comments, feedback, information or material submitted to the Firm through or in association with this Site, which is not for the purposes of soliciting legal services for an attorney , shall be considered non-confidential and the Firm's property. By providing such submissions to the Firm you hereby assign to the Firm, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. The Firm shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
14. Compliance with Intellectual Property Laws. When accessing the Firm website(s), you agree to obey the law and you agree to respect the intellectual property rights of others. You use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.
The Firm has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of the Firm or of a third party or that violate intellectual property rights generally. The Firm's policy is to remove such infringing content or materials and investigate such allegations immediately.
If you believe that your copyright has been infringed, and you would like the Firm to remove the material in question, please contact the Legal Department.
16. Compliance with Export Restrictions. You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
17. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
19. Agreement for Binding Arbitration. The Firm does not anticipate having any disagreements with you, the user, regarding usage of this Site. But if any concerns about these matters arise, please notify us immediately. The Firm would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then you and the Firm both hereby agree that all disputes or claims between you and the Firm of any nature whatsoever, including but not limited to those relating to use of the Site or the quality or appropriateness of the services offered by the Firm, shall be resolved by binding arbitration before Judicial Arbitration and Mediation Services ("JAMS"). The Firm chooses arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.
You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. YOU AND THE FIRMAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Firm agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
The arbitration shall be conducted by the Judicial Arbitration and Mediation Services ("JAMS"). Subject to the preceding provisions agreed to by the parties contained herein, the arbitrator must decide all disputes in accordance with the chosen association’s rules and in accordance with California law, and shall have the 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.
20. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2008-2019, LegalForce RAPC Worldwide P.C.. ALL RIGHTS RESERVED.
21. Trademarks. LegalForce, Trademarkia, Trademarkia.com, the Trademarkia logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Firm. All other trademarks, product names and firm names or logos cited herein are the property of their respective owners.
22. Acknowledgement. BY USING THE FIRM'S SERVICES OR ACCESSING THE FIRM'S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
23. Representation. The Firm does not represent any clients unless it has a separate retainer agreement with them and after a separate conflict check. Mere use of the Trademarkia.com website does not mean that you automatically become a client of the Firm.
The information provided in this site is not legal advice. By using Trademarkia.com , you agree to the following:
- Searching on the Trademarkia.com website is NOT a substitute for an attorney.
- You are encouraged to consult with an attorney in your local geography for legal advice.
- Prices, services, and workflows for trademark filings, patent filings, and services offered on the Trademarkia website are published on the website.
- No attorney-client privilege is created with the Trademarkia.com website by simply accessing the free information offered on the website.
- I may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation and I may also contact local law enforcement, a district attorney or a legal foundation if I believe that I have been a victim of fraud, the authorized practice of law or any other injury.
- I understand that any legal filing services provided are subject to review at the sole discretion of the respective attorney and/or law firm. Any review done by attorney and law firm may prolong the filing of my legal documents. Therefore, where my legal filing is considered an urgent matter and/or requires immediate action, I will not utilize the services on Trademarkia.
- I will not use the legal products and/or services of attorney and law firm for any trademark filings, where ownership of the trademark at-issue is currently in dispute or in question with a third-party.
- If, prior to my purchase, I believe that the Firm gave me any legal advice, opinion or recommendation about my legal rights, remedies, defenses, options, selection of forms or strategies, I will not proceed with this purchase, and any purchase that I do make will be null and void.
- Trademarkia.com exists solely within the County of Santa Clara in the State of California. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of Trademarkia.com occurs solely within the County of Santa Clara in the State of California, and that all content and services shall be deemed to be served from, and performed wholly within, Santa Clara, California, as if I had physically traveled there to obtain the service. I agree that California law shall govern any disputes arising from my use of this website, and that the courts of the County of Santa Clara, state of California, shall have exclusive jurisdiction over any disputes.
I understand that I have the right to rescind any agreement for any Trademarkia services within 24 hours of execution by providing Firm with a written statement to that effect.