FlatFeeTrademark.com (“Website”) is a service of Minott Gore, P.A. Use of the Website, and any information distributed in conjunction with the Website, is offered subject to your acceptance of these Terms and Conditions, our Privacy Policy and other notices posted on the Website.
Your use of the Website indicates your acknowledgment and agreement to these Terms and Conditions, our Privacy Policy and other notices posted on the Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or Website.
The information contained in the Website is for informational purposes only and should not be construed as legal advice on any subject matter. Users of the Website should not act or refrain from acting on the basis of any content included in the Website without seeking appropriate legal and/or professional advice. The transmission and/or receipt of information on the Website is not intended to create an Attorney-Client relationship nor will the act of sending an email to an attorney at Flatfeetrademark.com and/or Minott Gore, P.A. create an Attorney-Client relationship.
Client Engagement and Terms of Representation
By placing an order on the Website or with an attorney at FlatFee Trademark over the phone, you agree to our Client Engagement and the following terms of representation. Our representation is limited only to conducting a comprehensive trademark search subject to currently available information, preparing an attorney opinion letter based on the search results, preparing the electronic trademark application, and monitoring the application pending registration at the United States Patent and Trademark Office (USPTO) as your Attorney of Record. Our representation also includes one 15-minute telephone consultation call and standard, non-substantive responses to the USPTO regarding your application pending registration. Once your mark is registered, you will receive an electronic Certificate of Registration via email.
Additional fees apply if we are requested to prepare substantive legal arguments and/or submit evidence to the USPTO on your behalf in response to an Office Action, file Statements of Use (SOU) or Amendments to Allege Use (AAU), extensions of time, trademark renewals, petitions, oppositions, mail physical Certificates or any other filing after the original application. You will be notified of any such circumstances as they arise.
You agree to provide us with a valid email address for all correspondence concerning your trademark search, application and follow-up communications. You must promptly inform us of any changes to your email address. While we will make reasonable attempts to contact you concerning your trademark, we are not responsible for any missed deadlines or late filings due to delivery to an outdated or incorrect email address.
Advance Payments and Filing Fees
We require payment of professional service fees (Legal Fee) in advance of providing legal services. By placing an order on the Website or with an attorney at FlatFee Trademark, you agree to pay the Legal Fee and applicable USPTO filing fees in order to file your trademark application. The USPTO filing fees will be charged to the same credit card that was used for your original order unless you instruct us otherwise. You hereby agree to advance payment of professional service fees and the subsequent charge for filing fees. You will be notified of the applicable filing fees for your trademark application before it is filed with the USPTO.
Refunds
We will issue a refund or retain a credit on your behalf for another application only in the following circumstance: if your trademark search report shows that your mark is unavailable or otherwise unlikely to pass review at the USPTO, we will conduct a second search of an alternate name (for the same goods/services as the original order) at no additional cost.
If you elect not to conduct a second search and do not proceed with the trademark application step, we will refund the difference between the package price paid and the cost of the search ($325 for a Comprehensive Search and Opinion Letter).
Once an order is placed, fees paid for the Comprehensive Trademark Search and Opinion Letter are non-refundable. USPTO filing fees are not refundable under any circumstance.
Submission of an application for trademark registration does not guarantee that the USPTO will accept your mark for registration. The decision to accept a trademark for registration lies solely with the USPTO.
Please print these Terms and Conditions for your records.
