Terms, Conditions and Use Agreement
Terms, Conditions and Use Agreement
This Agreement (Agreement) sets forth the Terms and Conditions (“T&C”) of the declaration of use and/or renewal of your trademark registration solely with the Unites States Patent and Trademark Office (“USPTO”) by the Patent & Trademark Resource Center LLC (“PTRC”), Correspondence address: Patent & Trademark Resource Center LLC P/O box: 643, Woodinville, WA 98072-9930, United States appointed by you on the trademark renewal order form (“Order”) appearing to these T&C. By signing this document, either directly or thru any representative on your behalf, you automatically and irrevocably agree to these T&C and permit Attorney and PTRC to disclose any and all necessary information in connection with your declaration(s) and/or renewal to any third party service provider(s) assisting Attorney or PTRC with the production and processing of paperwork and payment as necessary to prepare and register your trademark registration renewal with the USPTO. Such support staff may also include communication with you, your company, the USPTO, and with Attorney.
Patent & Trademark Resource Center, LLC is a private, non-governmental company and isn't connected to any of the governmental organizations.
Agreement In-Force: The filling of your declaration(s) and/or trademark registration renewal application may be declined, at the sole discretion of Attorney. Once your Order is received, you are irrevocably liable for the agreement flat fees (including any and all taxes applicable thereto) arising in connection with the placement of such Order to the extent the Attorney does not decline the Order in writing. To clarify, should you subsequently desire to cancel the Order or to replace the Attorney, the plat fees shall remain fully binding and you hereby agree, therefor, to pay the full amount of the Order.
1.Responsibility: Neither the Attorney nor PTRC are liable for any defects in information appearing on the Order, whether or not such defects result losses, delays, and/or prejudice to your trademark registration renewal rights. As such, IT IS SOLELY YOUR RESPONSIBILITY TO REVIEW THE DETAILS CONTAINED IN THE ORDER CAREFULLY AND TO ENSURE THE INFORMATION IS TRUE, ACCURATE, AND REFLECTS ALL GOODS AND/OR SERVICES FOR WHICH YOU WOULD LIKE TO MAKE ANY DECLARATION AND/OR RENEW THE TRADEMARK IN QUESTION. No reductions in goods and/or services shall be permitted placement of the Order unless otherwise agreed in written between the parties hereto. Neither PTRC nor Attorney shall, unless otherwise agreed in a sign writing, provide any services in connection with fillings of any kind beyond the declaration of use, declaration of incontestility (as applicable) and/or trademark registration renewal application that any fillings with the USPTO are sufficient in the event there are any filling or payment obligations, with respect to your trademark, in other jurisdictions.
2.Failure to timely and completely submit your Order or other information: In the event that any information, signatures, authorizations, clarifications, specimens, or remedial information is requested by Attorney or PTRC, in order to complete declaration(s) and/or a renewal, you agree to comply therewith within 14 calendar days of any such request. Failure to timely return the Order and/or to provide the request information or documentation may result in your trademark registration renewal or declaration not being completed and/or not being accepted by USPTO. In such event, you will be held responsible and PTRC and/or Attorney will make no refunds. Neither the Attorney nor PTRC shall have any liability whatsoever in such event. A declaration and/or trademark registration renewal application must include specimens of the current use of the trademark for each class of goods and services included for the trademark. If you provide specimens which are incomplete or not in accordance with the requirements of USPTO, Attorney, either directly or indirectly, will be required to furnish you with a notice of specimen correction and Attorney will also have to review your subsequently provided specimens. This results in additional time having to be expended and, as such, fee of two hundred U.S. dollars ($) will be assessed for each occasion when the specimens are rejected as being deficient. Further, should your declaration(s) and/or registration renewal application be submitted to USPTO after the initial deadline for the same, you will be liable for any all late fees assessed by the USPTO.
3.Flat Fees: Upon the earlier of the receipt of the signed Order or your payment of the flat fees, the flat fees shall be binding and are non-refundable. To clarify, Attorney engages in preparatory work prior to Attorney’s submission of the applicable form(s) to USPTO. As such, in the event payment of the Order fees is not received on or before the due date for the same, Attorney shall be entitled to suspend your declaration of use and/or trademark registration renewal application (with absolutely no liability of any kind to the Attorney and/or PTRC regardless of the occurrence of any prejudice to or loss of your trademark registration) until such time as the fees are fully paid.
4.Authorizations: When executing the Order, you are appointing, via a power – of- attorney, Attorney to represent you or your company in submitting the declaration of use, declaration of incontestability (as applicable), or/and trademark registration renewal (as applicable) in question with USPTO and to engage (and to utlize support staff to assist) in all other necessary reviews, discussions, appointments, disclosures, and signatures as necessary to complete such submission. Attorney shall bear no liability of any kind for any deficiency in the services performed by any third party service provider(s).
5.Duty to Cooperate: Upon executive the Order, you automatically and irrevocably agree to provide all information, contact details, and cooperation necessary for the Attorney to successfully perform his services, and for third
party service provider(s) to successfully perform their supportive services to Attorney in connection with the declaration(s) and/or trademark registration renewal. In the event of any failure to provide such cooperation and/or information, you shall be fully liable for all fess set forth in the signed Order. Any errors or omissions in any documents pertaining to the declaration(s) and/or registration renewal including, without limitation, any declaration(s) and/or trademark registration renewal confirmation must be corrected by you with Attorney, PTRC or designated service providers within thirty (30) calendar days of the date dispatch (if any) of such information to you – otherwise, such documents and information shall be conclusively deemed accepted by you.
6.Renewal Information: As part of the declaration(s) and/or renewal process for a trademark that is in use, you agree, by signing the Order, that the Attorney can make and sign a declaration including the following information (as well as any other necessary information):
Registration number, name, and address of current trademark owner appearing on Order;
Fee for filling the declaration;
A statement that registered mark is in use (and has been in use for any requisite period) in commerce; a list of the goods/services recited in the registration on or in connection with witch the mark is in use; and one specimen per class of goods/services. Examples of acceptable specimens are tags or labels for goods, and advertisements for services.
By the issued and signed check you grant the PTRC to renew the trademark registration as it was originally filed.
Your trademark will be renewed as it was originally filed, with the originally filed specimen (if applicable) or with the specimen (if applicable) filed in the latest renewal. Failure to submit information: In the event PTRC requires information from you, signatures or authorizations as necessary to complete a renewal. You will be responsible to comply with all such request within 10 working days. Failure to timely comply with any request may cause failure of the renewal. In this event PTRC will not be held responsible for any failure to renew trademarks and will make no refunds
7.Taxes and Expenses: All taxes, fees and expenses incurred in making any declaration(s) and/or newing or transferring a particular trademark shall be borne by you. You understand and agree that the fees set forth in the Order are limited to the services expressly listed therein and therein subject to these T&C.
8.LIMITATION OF LIABILITY: NEITHER ATTORNEY NOR PTRC SHALL BE LIABLE TO YOU, YOUR AGENT, OR ANY OTHER PERSON, FOR ANY LOSSES THAT MAY OCCUR DUE TO: (A) THE LOSS, LAPSE, OR CANCELATION OF THE REGISTRATION OF THE TRADEMRK; (B) USE OF YOUR TRADEMRK, OR ANY SIMILAR OR RELATED TRADEMARK BY YOU OR ANY THIRD PARTY; (C) ACCESS DELAYS OR ACSESS INTERUPTIONS TO ANY REMINDER SYSTEMS; (D) THE NON-DELIVERY OR FILURE OF DELIVERY OF DATA BETWEEN YOU AND ATTORNEY, PTRC AND/OR ANY THIRD PARTY SERVICE PROVIDERS; (E) EVENT BEYOND ATTORNEY’S OR PTRC CONTROL, INCLUDING BUT NOT LIMITED TO ANY FORCE MAJEURE OR ERRORS OR OMISSIONS OF THE USPTO. NEITHER PTRC NOR ATTORNEY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ATTORNEY OR PTRC HAS BEEN ADVISED OF OR OTHERWISE HAD NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR THE POSSIBILITY THAT SUCH DAMAGES WOULD ARISE WAS REASONABLY OR CLEARLY FORRESEEABLE. IN NO EVENT SHALL PTRC AND ATTORNEY’S MAXIMUM AGGREGATED LIABILITY EXCEED FIVE HUNDRED (500) U.S. DOLLARS. IN THE EVENT THAT APPLICALE LAW DOS NOT ALLOW ANY LIMITATIONS OR EXUSABLES OF LIABILITY REFERED TO HEREIN, THE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITED BY LAW, NEITER ATTORNEY NOR PTRCREPRESENTS OR WARRANTS THAT THE REGISTRATION OFYOUR TRADEMARK CAN OR WILL IMMUNIZE YOU FROM THE THIRD PARTY CHALLENGES: ALL TRADEMARK SERVICES ARE PROVIDED TO YOU AND/OR YOUR COMPANY “AS IS”. NEITHER ATTORNEY NOR PTRC MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TRADEMARK YOU ARE RENEWING, INCLUDING, BUT NOT LIMITED TO, USABILITY UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, TRADEMARK LAW. NEITER ATTORNEY NOR PTRC REPRESENTS OR WARRANTS THAT THE TRADEMARK YOU RENEW UNDER THIS AGREEMENT WILL NOT BE SUSPENDED, CANCELED OR TRANSFERRED FROM YOU TO A THIRD PARTY AS A RESULT OF CHALANGE FROM ANY THIRD PARTY OR USPTO.
9.Indemnification: You will defend, indemnify and hold harmless Attorney and PTRC for any loss, damages or costs, including attorney’s fees resulting from any third party claim, action, or demand related to your trademark, trademark registration, declaration(s) therefor or any use therefor, whether or not authorized, approved or known by you.
10.Governing law: This Agreement shall be construed in accordance with and be governed by the laws of Washington State, giving no effect to any conflict of laws rules. Any dispute shall be finally resolved by arbitration in New York, New York according to the rules of the American Arbitration Association.
11. Entire Agreement: These T&C and the Order constitute the complete and entire agreement concerning the trademark registration renewal. You may not modify any provision of these T&C absent a written acceptance signed by Attorney.