Your access to and use of this Website is subject to the following conditions. By using the Website, you agree to:
- Adhere to these Terms of Service.
- Be at least 18 years old.
- Use the Website in compliance with all applicable U.S. laws, including export and re-export regulations.
- Refrain from copying or distributing any part of the Website without prior written consent from us.
- Provide accurate and truthful information when creating an account, submitting content, or registering on the Website.
- Ensure that no one else uses the Website under your User ID.
- Take full responsibility for your User ID and all activities conducted through it.
- Use the Website solely for its intended commercial purposes and avoid using it to collect data, solicit other users, or extract data for unauthorized purposes.
- Take responsibility for all content you post, including discussion posts, profile information, links, videos, and images. You must own or have the necessary rights to use and license the content you provide. Do not post or share submitting copyrighted or proprietary content without authorization.
- Grant the right to use the content you post, including the right to use, reproduce, distribute, create derivative works from, and display any materials you submit.
- Acknowledge that we reserve the right to remove any content you provide and terminate your account at our discretion, with or without prior notice.
We hold the right to review and approve any content you submit, referred to as "User Generated Content" or "UGC." By providing UGC, you agree that you will not post or utilize such content in any manner that:
- Violates intellectual property rights, such as copyrights, trademarks, trade secrets, or other proprietary protections belonging to others.
- Infringes upon the privacy, publicity, or personal rights of any third party.
- Is illegal, deceptive, defamatory, discriminatory, libelous, explicit, offensive, threatening, harassing, or hateful, or that promotes or encourages criminal results in civil liability, or otherwise violates applicable laws, as determined solely by us.
- Harms or has the potential to harm our business, affiliates, advertisers, or any related entities.
Although we reserve the right to take down any UGC that breaches these guidelines, we are under no obligation to do so. At our discretion, we may remove such content, suspend or terminate user accounts, or take other appropriate actions. Furthermore, we disclaim any liability for damages or harm you may experience as a result of UGC.
By accessing and using this Website, you agree to refrain from the following actions:
- Engaging in or promoting any unlawful activities;
- Attempting to deconstruct, disrupt, or tamper with the Website's operations, or trying to uncover the source code of its software (including tools, methods, processes, or infrastructure);
- Disseminating or uploading malicious software or harmful code;
- Utilizing the Website to send unsolicited emails, advertisements, or spam;
- Employing automated or manual methods to extract or scrape for data from the Website;
- Disrupting or hindering the Website's normal operations in any manner;
- Pretending to be another user.
Certain areas of the Website may require you to set up an account or create a profile. You are responsible for providing accurate, current and complete information. Users who have previously had their access to the Website revoked are not permitted to create a new account, use another person's account, or register on someone's behalf at our discretion.
User ID sharing is not allowed. Any activity conducted through your User ID will be treated as your own. You bear full responsibility for all actions taken via your User ID. If you suspect unauthorized use of your User ID, contact us immediately at support@LegalCircle.com.
We may modify or discontinue the Website or any of its services at any time without prior notice. Additionally, we reserve the right to terminate this Agreement at our discretion and for any reason, without providing advance notice. If you breach any of the terms and conditions outlined here, this Agreement will automatically terminate at our sole discretion. Termination will immediately revoke your access to the Website. However, the provisions regarding Disclaimer of Warranties, Limitation of Liability, Indemnity, Dispute Resolution, and any terms related to your Content will remain in effect even after this Agreement ends.
This website utilizes government records, which may be displayed as part of our services. Although we strive to provide the most up-to-date information, we cannot guarantee its accuracy or currentness.
Our services may include reminders or alerts about certain deadlines relevant to your trademark. These notifications are provided for informational purposes and are based on general standards applicable to most trademarks. However, your specific circumstances may differ, and it is advisable to consult a licensed attorney to confirm the deadlines applicable to your case. Please note that we do not provide legal advice, and these automated notifications should not be considered legal guidance or tailored interpretations for your situation.
Our website may include links to third-party sites that we do not own, manage, or operate. We are not responsible for the content, privacy policies, or practices of these external websites or their owners. The presence of a link does not imply any endorsement or recommendation of the site, its products, or its services.
When you use our search services, we employ commercially reasonable methods to identify trademarks that may conflict with the one you intend to use. However, we cannot guarantee that your trademarks will be approved by the United States Patent and Trademark Office (USPTO) even after using our search services. The USPTO may reject your application for various reasons, and automated searches may not identify all marks that the USPTO could flag as grounds for rejection.
For orders that include common law trademark searches, we also use commercially reasonable methods to identify potential conflicting marks. These common law searches are not exhaustive and may not uncover all claims or challenges from holders of common law rights. Automated searches may not detect certain common law trademarks that could be relevant to your analysis.
The purpose of our search reports is to provide a list of marks based on the search parameters you select. These reports are not intended to serve as legal advice regarding whether your trademark will be rejected or deemed as non-infringing mark. Consulting an attorney about the search report results is recommended.
Federal Trademark Search
Our search reviews the USPTO database, focusing on exact matches, phonetically similar marks, translations, or designs that appear similar.
Federal, State, and Common Law Search
This search reviews the USPTO database, state databases for all 50 states, business registries, and domain name databases. It identifies exact matches, phonetically similar marks, translations, or designs that appear similar.
Global Search
This comprehensive search includes the USPTO database, state databases for all 50 states, business registries, domain name databases, the World Intellectual Property Organization (WIPO) database, and the European Community database. It is limited to exact matches, phonetically similar marks, and designs with a similar appearance.
We are a technology platform designed to assist with form creation but are not a law firm or provider of legal services. If you purchase a package that includes documentation or our assistance in preparing applications, assignment letters, or similar forms, you will receive a form populated with the information you provide or upload.
We are not a replacement for an attorney and cannot provide legal advice. Our customer service team cannot answer legal questions. Since we do not establish an attorney-client relationship, communications with our representatives are not confidential or privileged, so you should avoid sharing sensitive information with them. While we can assist in preparing your trademark application, we are unable to file it on your behalf as legal counsel or provide any legal advice during the process.
Although we may review your provided information for completeness, inconsistencies, or minor errors, we are not responsible for its accuracy. We do not evaluate your trademark's legal sufficiency, make legal recommendations, or apply the law to your specific circumstances. If you believe you require legal advice or services, you should not proceed with a purchase. By using our forms, you acknowledge that they are not tailored to your unique needs, do not constitute legal advice, and do not involve the practice of law.
Important Notice: For some orders, there might be additional fees to process government filings related to your order. These fees will only be charged after you approve the application and are informed of the associated filing costs.
Our trademark monitoring service reviews the filing of new applications that are direct matches, phonetically similar marks, or marks of a potential appearance by way of design to your marks as published in the Official Gazette of the USPTO and Legal Circle, LLC.
If you have subscribed to one or more services through our Website, the following terms apply:
Your access to the Services is valid only while your subscription is active and all associated payments, including taxes and fees, are up to date. To prevent any "In Abeyance" status during your Subscription Term, you must ensure that all charges to your account are paid on time. Unless otherwise specified, subscriptions automatically renew, and the credit card on file will be charged for the next term at the start of the new period. This applies even if you do not use the Services during the Subscription Term.
YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION FEES UNTIL YOU CANCEL OR THE SUBSCRIPTION IS TERMINATED.
If a monthly payment date is a day that is not in the month, such as the 31st of a month, renewal will occur on the last day of months with fewer days. Unless otherwise stated, the renewal rate will match the price of your original subscription.
We may offer trial memberships as promotions. Although these may be labeled as "free," a $1 charge will be made to your credit card to verify payment information.
AT THE END OF A TRIAL PERIOD, UNLESS OTHERWISE STATED OR YOU CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND YOUR CREDIT CARD WILL BE CHARGED.
No separate notification will be sent to remind you that your trial is ending.
We reserve the right to discontinue subscription offerings, in which case billing will stop, or to terminate subscriptions at our discretion, with a pro-rated refund issued if applicable.
Subscription rates or terms may be modified with advance notice. You may cancel your subscription before any changes take effect. If you choose not to cancel, the updated pricing or terms will apply at the next renewal.
If your payment is declined or the account lacks enough funds, it is your responsibility to update your payment information. Failure to update during this period may result in suspension or termination of your subscription. We may attempt to charge your credit card multiple times or in smaller increments to recover the due amount but are not obligated to do so. If your payment method is updated, billing will resume automatically. Subscriptions with outstanding balances may result in collection efforts and other related consequences.
To cancel your subscription, contact us at support@LegalCircle.com or call (866) 349-9547. Upon cancellation, your access to the services will persist until the end of the current Subscription Term. After termination, you may lose access to your account and related services.
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.
The Website and related services are provided "as is," "where is," and "as available." We do not make any express or implied guarantees regarding the Website's accuracy, reliability, timeliness, or any other features.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ALONG WITH OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND ADVERTISING MERCHANTS, DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TIMELINESS, AND FITNESS FOR A PARTICULAR PURPOSE.
We do not guarantee that the Website or its services will meet your expectations, operate without errors, be accurate or reliable, remain uninterrupted, or be accessible at all times or locations.
Your sole remedy for any issue or dispute with us is to stop using the Website. We, along with our affiliates, officers, directors, agents, vendors, and advertising merchants, are not liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Website. These exclusions apply to claims such as lost profits, data loss, loss of goodwill, work stoppage, hardware failures, or other commercial damages, even if we were advised of the potential for such damages.
If applicable laws in your jurisdiction prohibit the exclusion or limitation of certain damages, our liability will be limited to the maximum extent permitted by law.
By agreeing to these terms, you also waive the protections of California Civil Code Section 1542 and similar laws in other jurisdictions. That provision states:
"A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor."
You agree to defend, indemnify, and hold harmless us, along with our officers, directors, representatives, employees, agents, parent companies, affiliates, related entities, and their respective officers, directors, representatives, employees, and agents from and against any and all claims, damages, losses, liabilities, obligations, costs, debts, and expenses (including reasonable attorney's fees) arising from:
- (1) Your breach of any provision of these Terms of Service.
- (2) Your infringement of any rights of a third party, including but not limited to copyrights, property rights, privacy rights, or other intangible or intellectual property rights.
- (3) Any claim that your user-generated content (UGC) has caused harm or damage to a third party.
For the purposes of this Agreement, a Dispute refers to any claim, controversy, or disagreement between you and Legal Circle, LLC, including its members, officers, directors, employees, parent companies, and vendors. Such disputes may arise from the Agreement itself, your use of the Website, or any aspect of your relationship with Legal Circle, whether they have already arisen or may arise in the future. Disputes may involve issues based on contracts, statutes (such as consumer protection laws), regulations, ordinances, torts (including fraud, misrepresentation, negligence, or intentional harm), or any other legal or equitable theory.
The Federal Arbitration Act governs the arbitrability of any disputes, overriding state arbitration laws. In terms of substantive law, this Agreement is governed by the laws of the State of California, without regard to dispute or non-arbitration-related interpretation of this Agreement, regardless of conflict-of-law principles.
Arbitration
All disputes will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This arbitration agreement is made under the Federal Arbitration Act (9 U.S.C. §§ 1-16) and is mandatory and binding.
Key Arbitration Terms
- No jury trial or resort to court; arbitration replaces court proceedings.
- Neither party is entitled to a jury trial or full discovery, except as provided under AAA rules.
- The arbitrator will have exclusive authority to decide the scope, enforceability, and validity of this Agreement, and their decision will be final and binding.
- A judgment based on the arbitrator's decision can be entered in any court of competent jurisdiction.
- This arbitration clause survives the termination of this Agreement or the bankruptcy of any party.
- If part of this arbitration clause is deemed invalid, the remainder will remain enforceable.
Restrictions
No class actions, group lawsuits, representative actions, or private attorney general actions are allowed. Claims cannot be joined or consolidated with those of others.
Opt-Out Option
You may opt out of the arbitration and class action waiver within 30 days of accepting this Agreement by sending an email to support@LegalCircle.com with the subject line "Arbitration Opt-Out." The notice must include: (1) your full name; (2) your address; (3) a clear statement that you do not agree to resolve disputes through arbitration.
Arbitration Details
- Disputes valued at $75,000 or less will follow the AAA's Supplementary Procedures for Consumer-Related Disputes.
- For disputes under $75,000, we will reimburse your filing fees and cover the arbitrator's fees and expenses.
- For claims valued at $10,000 or less, you may choose to have the arbitration conducted by phone, based on paper filings, or in person. For claims over $10,000, hearings will generally be conducted telephonically unless otherwise justified.
- The arbitrator can award the same individual damages as a court but cannot provide declaratory or injunctive relief to anyone other than the individual claimant.
- Either party may request that arbitration costs be reimbursed if awarded by the arbitrator.
Court Proceedings
If arbitration is not chosen or is not compelled by a court, disputes will be resolved in a court of competent jurisdiction in California. In such cases, neither party has a right to a jury trial.
If you believe that your copyright has been infringed upon, you may submit a notification in compliance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3). Please send your written notification to support@LegalCircle.com or to the designated copyright agent listed with the U.S. Copyright Office, using the subject line: "Copyright Notice."
Your notification must include the following details:
- (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed.
- (2) A description of the copyrighted work claimed to be infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works.
- (3) Identification of the material that is claimed to be infringing or the subject of infringing activity, along with information reasonably sufficient to allow us to locate the material.
- (4) Your contact information, such as your address, telephone number, and email address (if available), to enable us to reach you.
- (5) A statement affirming your good faith belief that the material's use in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
This Agreement, along with the Privacy Policy, represents the complete and exclusive understanding between the parties concerning its subject matter. Any waiver by either party of a breach or default under this Agreement shall not constitute a waiver of any prior or future breaches or defaults.
We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind related to the Website, including copyrights, trademarks, service marks, and other proprietary rights and trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website's content and software for personal and non-commercial purposes. We, and our licensors, reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.
We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features, and the trademarks, service marks, and logos contained therein ("Marks") unless they are marks used by Merchants who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.
You retain ownership of all intellectual property rights in original materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide, and transferable license to use, reproduce, distribute, prepare derivative works of, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or hereafter commercially or otherwise, and to sublicense such rights through multiple tiers of sub-licensees, such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.
We reserve the right to modify or discontinue any part of these Terms and/or our Privacy Policy at any time, as we deem necessary. If we make changes that could significantly affect your use of our services, we will attempt to notify you of significant changes via email to the address associated with your account and/or by posting a notice on the Website and/or within your account.
Any modifications to this Agreement will take effect as soon as we send you an email notification or post the changes on the Website, whichever comes first. We recommend reviewing this section of the Website periodically to stay informed of any updates. Your continued use of the Website after such changes are announced will be considered your acceptance of the revised terms.
By placing an order, you agree to designate us, along with yourself, as a recipient of communications from the USPTO. This allows us to track your application and provide necessary updates and reminders to assist you. If you us listed enables us to provide enhanced services, such as monitoring and calendaring, which may not be fully available if we are not included as a recipient.
Legal Circle is committed to addressing the trademark needs of our customers professionally, courteously, and efficiently. Our goal is to provide exceptional services and ensure that every customer is content. If you feel we haven't met your expectations, please let us know, and we'll do everything we can to resolve your concerns. If we are unable to meet your satisfaction, you may request a refund of the fees paid to Legal Circle. Contact us via email at support@LegalCircle.com or call toll-free at (866) 349-9547.
If we make an error on your filing, we will acknowledge it and correct the mistake promptly at no additional cost to you.
Please note the following refund conditions:
- Only fees paid to Legal Circle are refundable. Government filing fees associated with your application are non-refundable.
- Delays or denials by the USPTO are beyond our control and do not constitute grounds for a refund.
- All refund requests must be submitted within 30 days of the date of purchase. Approved refunds will be issued using the original payment method. For example, payments made by credit card will be refunded to the issued credit card. Alternatively, you may opt to receive a credit toward future Legal Circle purchases instead of a refund.
- All orders will expire six months from order date if we are not in active engagement with you at the one-year anniversary from your date of purchase and you will waive any rights to refunds or additional services at that time.
- If you choose to cancel after we have begun work on your behalf, you may be eligible for a partial refund of the fee. Once documents are submitted to the appropriate government agency, our obligation ends, and we are not responsible for the outcome of your application.
- You acknowledge that we incur costs for processing your order and preparing to perform the work. Abandoned orders will incur liquidated damages equal to the amount paid, serving as reimbursement for our efforts and commitment to your service.
We reserve the right, at our sole discretion, to restrict the sale of our products or services to any individual, geographic area, or jurisdiction, though we are not obligated to do so. This right may be applied on a case-by-case basis. All product descriptions and pricing are subject to change at any time without prior notice. We also reserve the right to discontinue any product at any time. Any offer for a product or service on this site is void where prohibited by law.
Section headings in this Agreement are included for convenience only and have no legal significance. If any part of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain valid and enforceable.
This Agreement does not create any third-party beneficiary rights. You may not transfer or assign this Agreement, or any of your rights or obligations under it, to a third party without our prior written approval. Any attempt to do so without approval will be considered invalid.