Terms & Condition

1. Services Overview

Professional Trademark Services provides trademark registration assistance, document filing support, office action responses, trademark search and clearance guidance, monitoring services, and related trademark consultation services ("Services"). Our role is to facilitate your trademark registration process by preparing and filing necessary documentation with the appropriate trademark authorities.

Necessary: We do not provide legal advice or representation. Trademark approval is at the discretion of the relevant governmental agencies, and we cannot guarantee any specific outcome. We encourage clients to consult with a licensed trademark attorney for legal advice.

2. Eligibility and Account Responsibility

• You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services.
• You agree to provide truthful, accurate, and complete information when creating an account or submitting trademark information.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to notify us immediately of any unauthorized use or security breach related to your account.

3. Fees and Payment

• Our service fees, including filing, processing, and additional charges, are listed on our website and are subject to change with notice.
• Payment must be completed before we initiate any trademark filing or related services.
• You are responsible for all government fees, including filing, renewal, opposition, or maintenance fees, which are separate from our service fees.
• Refunds are subject to our Refund Policy and are typically not provided once the filing has been submitted to the trademark office.
• We accept payments through secure, authorized payment gateways and employ industry-standard encryption to protect your payment information.

4. Intellectual Property Rights

• All trademarks, service marks, logos, domain names, content, and materials on our website and services are the property of Professional Trademark Services or our licensors.
• Unauthorized use of our intellectual property may result in legal action.
• By submitting your trademark content for processing, you affirm that you hold all rights or permission necessary for such submission and that it does not infringe upon any third party's rights.

5. User Content and Communication

• You are solely responsible for the content you submit to us, including accuracy and legality.
• You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your submitted content for the sole purpose of providing our services.
• We reserve the right to review, refuse, or remove any content that violates our policies or applicable laws.
• Communications from us may include service updates, important notifications, and marketing messages. You may opt out of marketing emails at any time via the unsubscribe option, but we may still send essential service-related communications.

6. Privacy and Data Protection

• We are committed to protecting your privacy. Our Privacy Policy details how we collect, use, and protect your data.
• We comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) where applicable.
• By using our Services, you consent to our collection and processing of your personal information as described in the Privacy Policy.

7. Disclaimer of Warranties

• Our Services are provided "as is" without warranties of any kind.
• We do not guarantee that filings will be accepted or approved by trademark offices, nor do we guarantee uninterrupted access to our website or services.
• We disclaim all implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that our services will meet your specific requirements or that errors will be corrected.

8. Limitation of Liability

• To the fullest extent permitted by law, Professional Trademark Services shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of our services.
• Our maximum aggregate liability under these Terms is limited to the amount of fees you paid for the service directly giving rise to the claim.
• We shall not be responsible for delays or failures caused by factors beyond our reasonable control, including governmental processing times or force majeure events.
• You acknowledge the inherent risks involved in trademark applications and waive any claims for losses due to trademark office decisions.

9. Indemnification

You agree to indemnify, defend, and hold harmless Professional Trademark Services, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Your use of our Services or the content you submit
• Any inaccurate or fraudulent information you provide.

10. Termination and Suspension

• We reserve the right to suspend or terminate your access to our Services at our discretion, including for violation of these Terms, suspected fraudulent activity, or non-payment.
• Upon termination, all rights granted to you will cease immediately.
• Sections regarding indemnification, limitation of liability, and governing law will survive termination.
• You may request account termination by contacting support; however, termination does not absolve you of any outstanding fees.

11. Governing Law and Jurisdiction

• These Terms and your use of our Services are governed by the laws of the State of California, USA, excluding its conflict of law principles.
• You consent to the exclusive jurisdiction and venue of courts located in California for any disputes not subject to arbitration.

12. Dispute Resolution and Arbitration

• Any dispute, controversy, or claim arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association by its Commercial Arbitration Rules.
• The arbitration shall take place in California, USA, and the arbitrator's decision shall be final and binding.
• This arbitration clause does not preclude you from seeking injunctive relief in a court of competent jurisdiction to protect your intellectual property rights.

13. Changes to These Terms

• We reserve the right to update these Terms from time to time to reflect changes in legal requirements, business practices, or our service offerings.
• Revised Terms will be posted on our website with an updated effective date.
• Continued use of our Services after changes indicates your acceptance of the new Terms.
• If you do not agree to the changes, you must stop using our Services.

14. Third-Party Links and Services

• Our website or communications may include links to third-party websites or services.
• We do not control these third parties and are not responsible for their content, services, or privacy practices.
• Use of third-party services is at your own risk, and you should review their terms and privacy policies.

15. Force Majeure

We shall not be liable for failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of government, internet outages, labor disputes, or other unforeseeable circumstances.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Professional Trademark Services regarding your use of our Services and supersede any prior agreements.