Terms of Service

1. Acceptance of Terms

Welcome to TradeMarkGuard. These Terms of Service ("Terms") govern your access to and use of the TradeMarkGuard website, platform, and all related services (collectively, the "Services") provided by TradeMarkGuard Inc. ("TradeMarkGuard," "we," "us," or "our").

By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

2. Description of Services

TradeMarkGuard provides a technology platform that facilitates trademark search, registration, and management services. Our platform connects users with independent licensed attorneys who handle trademark filings and legal processes.

Important: TradeMarkGuard is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys. Any attorney-client relationship is formed directly between you and the attorney, not with TradeMarkGuard.

3. Your Account

To access certain features of our Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials and not share them with any third party
  • Promptly update your information if it changes
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if we suspect unauthorized use or violation of these Terms.

4. Acceptable Use

You agree not to use our Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Submit fraudulent, misleading, or inaccurate information in trademark applications
  • Interfere with or disrupt the integrity of our platform
  • Attempt to gain unauthorized access to any part of our Services or related systems
  • Use automated tools to scrape, crawl, or extract data
  • Transmit viruses, malware, or other harmful code

5. Trademark Services

5.1 Case Submissions

When you submit a trademark case through our platform, you represent and warrant that all information provided is accurate and complete. You are solely responsible for the accuracy of your case details, including the trademark name, description, and associated goods or services.

5.2 No Guarantee of Approval

Trademark registration is subject to review by the relevant intellectual property office. We do not guarantee that your trademark application will be approved. The outcome depends on various factors, including existing registrations and applicable regulations.

5.3 Processing Times

Processing times for trademark applications vary by jurisdiction and are subject to government office timelines. We will keep you informed about the status of your case but cannot control external processing schedules.

6. Fees and Payment

Certain Services require payment. By using paid Services, you agree to:

  • Pay all fees associated with your selected services as described at the time of purchase
  • Provide valid and authorized payment information
  • Authorize us to charge the specified payment method for all applicable fees

All fees are quoted in US dollars unless otherwise stated. Prices are subject to change with reasonable notice. Government filing fees are separate from our service fees and are subject to change by the relevant government authority.

7. Refund Policy

Refund eligibility depends on the status of your case:

  • Before filing: A full refund of our service fee may be issued if your case has not yet been submitted to the government office.
  • After filing: Government filing fees are non-refundable once submitted. Our service fee may be partially refundable at our discretion.
  • Completed services: No refunds will be issued for services that have been fully rendered.

8. Intellectual Property

All content, trademarks, logos, and other intellectual property displayed on our platform are owned by TradeMarkGuard or its licensors. You may not copy, reproduce, distribute, or create derivative works from our content without prior written consent.

You retain ownership of any content and materials you submit through our Services. By submitting content, you grant us a limited, non-exclusive license to use it solely for the purpose of providing our Services.

9. Limitation of Liability

To the maximum extent permitted by law, TradeMarkGuard and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Services.

Our total liability for any claim arising from these Terms or your use of the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

11. Indemnification

You agree to indemnify and hold harmless TradeMarkGuard and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of our Services, violation of these Terms, or infringement of any third-party rights.

12. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice.

Upon termination, your right to use our Services will immediately cease. Any fees already paid are subject to our Refund Policy. Sections that by their nature should survive termination will remain in effect.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved exclusively in the state or federal courts located in New York, New York.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a notice on our platform. Your continued use of our Services after changes are posted constitutes your acceptance of the revised Terms.