Terms & Conditions

By accessing the Us Mark Solutions website (referred to as the "Site"), you acknowledge and accept the terms and conditions outlined herein, forming an agreement between you and MyTMBrand.com (referred to as “we,” “us,” or “our”). This agreement also incorporates our Privacy Policy as if fully stated here. If you do not agree with these terms, please refrain from using the Site.

We offer general information related to trademarks and provide a platform where you can prepare and file trademarks.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE GOVERNED BY THE FEDERAL ARBITRATION ACT, AND A WAIVER OF CLASS ACTIONS.

Conditions for Use of the Site

Your access to and use of the Site is contingent upon your acceptance and adherence to these terms. By using the Site, you agree that you:

  • Will comply with these Terms of Service;
  • Are 18 years of age or older;
  • Will not use the Site in any way that violates U.S. laws, including its export and re-export regulations;
  • Will not copy or distribute any content from the Site without our prior written consent;
  • Will provide accurate details when registering, submitting content, or interacting with the Site;
  • Will not permit others to use the Site under your user credentials;
  • Are fully responsible for all activity under your account and user credentials;
  • Will not use the Site for commercial purposes other than those expressly stated;
  • Will not use the Site to collect personal information about others or solicit users or advertisers;
  • Are solely responsible for any content you submit to the Site, ensuring you have the rights or licenses to do so, and will not upload any materials infringing on others' copyrights or proprietary rights;
  • Grant us and other users a non-exclusive license to use, display, reproduce, distribute, or create derivative works from your submitted materials; and
  • Agree that we may remove any of your content and suspend or terminate your account, with or without prior notice.

Your Content

We reserve the right to publish any content you provide (referred to as "User-Generated Content" or "UGC"). You agree not to upload or use any UGC that:

  • Violates the intellectual property rights of others, including copyright, trademarks, or trade secrets;
  • Infringes on privacy or publicity rights of any third party;
  • Is unlawful, inaccurate, defamatory, discriminatory, obscene, or harassing;
  • Encourages criminal activity or civil liability;
  • Is deemed inappropriate by us, in our sole discretion; or
  • Could harm our company, affiliates, or partners. We are not obligated to remove UGC violating these terms, but we reserve the right to do so at our discretion, and may take further action such as account termination. We are not liable for any harm caused by UGC.

Your Behavior

By using the Site, you agree not to:

  • Engage in or promote illegal activities;
  • Attempt to reverse engineer or disrupt the Site's functionality;
  • Attempt to access restricted areas of the Site;
  • Use the Site for unsolicited email campaigns or spam;
  • Use automated tools to scrape or collect data from the Site;
  • Interfere with the proper functioning of the Site;
  • Impersonate another user.

Links to Third-Party Sites

Our Site may contain links to third-party websites not controlled by us. We assume no responsibility for the content or practices of these external sites. Linking to these sites does not imply endorsement by us.

Termination

We reserve the right to modify or discontinue the Site or any services provided without prior notice. Additionally, we may terminate this agreement for any reason, with or without notice. If we terminate your access due to violations of these terms, you will immediately lose access to the Site. The clauses related to warranties, liabilities, indemnity, dispute resolution, and your content will survive the termination of this agreement.

Displaying Data and Search Features

We may use official government records and display them on the Site. While we strive to ensure accuracy, we do not guarantee that the information is up-to-date or error-free.

Calendar Reminders

We may offer reminders about specific trademark deadlines as part of our services. These reminders are for general informational purposes and may not apply to your unique circumstances. We recommend consulting with a licensed attorney regarding deadlines specific to your situation.

Credit Card Information

We may store your credit card details only for the purpose of paying the filing fees associated with your order, provided you approve the application and are aware of the costs involved.

Search Services

If you use our search services, we employ reasonable methods to identify potential matches to the trademarks you wish to use. However, we cannot guarantee that your trademark will be approved by the USPTO or that it will not face challenges, even with our search services. There are cases where automated searches may not identify conflicts that could result in rejection by the USPTO.

Similarly, for common law mark searches, while we use commercially reasonable methods to find potential matches, we cannot guarantee that all common law claims will be identified.

Trademark Search Scope

  • Our Us Mark Solutions federal search reviews the USPTO database and includes direct matches, phonetic similarities, or visual design similarities.
  • Our Us Mark Solutions federal, state, and common law search extends to all 50 states, a business registry, and domain name databases, including matches in phonetics, design, or translation.
  • Our Us Mark Solutions global search includes the USPTO database, state databases, business registries, domain name databases, the WIPO database, and the European Community database, focusing on direct matches, phonetic similarities, or visual design likenesses.

Trademark Monitoring Services

Our trademark monitoring service reviews the filing of new applications that are direct matches, phonetically similar, similar in terms of translation, or appearance by way of design to your marks as published in the Official Gazette of the USPTO and Us Mark Solutions.

Subscription and Auto-Renewals

If you signed up for one or more subscription services through the Website, these additional terms apply.

Your license to the Services is valid during the period your subscription remains in good standing and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal and you will be required to pay, through the credit card provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

If your Subscription Term is month to month and your purchase date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally paid.

We may offer promotional trial memberships. Although the promotional trial membership may be advertised as free promotional memberships, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM. It is very important to understand that you will not receive a notice from us that your free trial has ended and that payment for your subscription is due.

We may discontinue offering subscriptions and will cease charging you accordingly. We may also terminate your Subscription in our sole discretion subject to your right to a pro-rated refund of fees.

We may increase subscription fees and/or terms with 30 days’ notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term the increased amount and/or your renewed Subscription Term will be the new applicable length.

If your payment on file is not approved on the date of the renewal of the Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no updated information is provided after the three business-day period, we may suspend your service and terminate the Subscription. If we make a charge to your credit card and it is declined, we may, but are not obligated to make up to five more attempts to bill the card over a thirty-day period. We also reserve the right to charge your card smaller amounts in more than one transaction not to exceed the amount of the due Subscription Term payment. In the event that you or we (through our payment service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We reserve the right not to reactive an account or subscription until all past due amounts are paid.

To cancel your subscription, contact us at info@usmarksolutions.com. After you have cancelled, your subscription and account will remain active through the end of the then current Subscription Term. After termination, you may not have access to your account or the Services related to your subscription.

New Services/Features

From time to time, we may offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Disclaimers of Warranty and Limitations of Liability

We provide the Website and the related services "as is", “where is”, and "as available." We make no express and/or implied warranties or guarantees about the Website, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND THE MERCHANTS WHO ADVERTISE WITH US DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. WE IN NO WAY GUARANTEE THAT WE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE MAKE NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS WHO ADVERTISE HERE, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Indemnity

You agree to defend, indemnify and hold harmless us, our officers, directors, representatives, employees and agents and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your violation of any term of these Terms of Service; (ii) your violation of any third party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights; or (iii) any claim that any of your UGC causes damage to a third party.

Dispute Resolution

For the purposes of this Section, references to "Us Mark Solutions," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

In this Agreement, Dispute is defined as “any dispute, claim or controversy between you and Us Mark Solutions, its members, officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with Us Mark Solutions that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.”

The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Texas govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.

Arbitration

Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

RIGHT TO OPT-OUT

You may opt-out of arbitration by notifying us of your decision to reject the arbitration clause in writing. You must notify us in writing within 30 days of accepting this Agreement. Failure to do so will make this Agreement binding on you.

Copyright Notice

If you believe your copyright has been violated, please send a notification in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) to info@usmarksolutions.com or to the designated copyright agent on record with the U.S. Copyright Office, with the subject line: "Copyright Notice." Your notification should include: (1) A physical or electronic signature of the person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work alleged to have been infringed or, if multiple works are involved, a representative list of such works at the relevant site; (3) A description of the allegedly infringing material, specifying its location, and enough information to help the service provider find it; (4) Sufficient contact details, such as an address, phone number, and email address, if available; (5) A statement of good faith belief that the material is used without authorization from the copyright holder, their agent, or the law; (6) A statement that the provided information is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright holder.

Entire Agreement

This Agreement, together with the Privacy Policy, represents the complete and exclusive agreement between the parties regarding the subject matter herein. No waiver of any breach or default by either party constitutes a waiver of any prior or subsequent breach or default.

Modifications to the Agreement

We retain the right to modify or discontinue any of these terms and/or the Privacy Policy at any time, as we deem necessary. Changes may include the introduction of new fees or charges. We may, but are not required to, notify you of significant changes through email or by posting a notice on the Website. Any modifications will be effective when we send an email notice to you or post the changes on the Website, whichever comes first. We recommend periodically reviewing this section of the Website to stay updated on any modifications. Continued use of the Website after such notice shall be deemed as acceptance of the changes.

Authorization

By submitting an order, you authorize us to receive correspondence from the USPTO related to your trademarks alongside you. While you can revoke this at any time, including us in communications helps us assist you better and may be necessary for services such as monitoring and scheduling.

Refund Policy

All packages include attorney-conducted searches and are non-refundable. Once a search and clearance report is issued, payment will be automatically processed within 24-48 hours if we do not receive a response from you via email or phone. The payment will be transferred to the USPTO (United States Patent and Trademark Office) through the attorney.

Miscellaneous

We reserve the right to limit the sale of our products or services to any individual, location, or jurisdiction, at our discretion, on a case-by-case basis. Product descriptions and pricing may change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Offers made on this website are void where prohibited.

Section headings are provided for convenience only and do not carry legal significance. If any part of this Agreement is found invalid by a court of competent jurisdiction, the remainder of the Agreement will remain valid and enforceable. This Agreement does not confer any third-party benefits. You may not assign your rights or obligations under this Agreement to any third party without our prior written consent, and any unauthorized assignment will be invalid.