Utility Patent - Step 1

A Brief Description of Your Invention   Get Help
Keep your title as simple and descriptive as possible. Do not write a sentence--just write a description. And, while brand names or trademarks may be useful for marketing or selling your invention, they are not appropriate for patent applications: Do not use your brand name anywhere in the application.

Please provide a short description of your invention. Tell us what your invention is or what it does. Please also provide the title of the invention.

Do not lead in with "It's a..." or "The invention is..." Just state what it is.
For example, if you had invented the light bulb, the title might be "A filament in a glass bulb for producing illumination." Other examples could be "A wind turbine that protects birds," "A sound-activated light switch" or "A means for determining a patient's appropriate dosage of medicine." This is not the place for your brand name--just a description of your invention.

Patent Information   Get Help
U.S. patent law prevents the patenting of inventions under certain circumstances. For example, if the invention was known in the U.S. before you invented it, then you cannot patent it, even if you independently invented it. As another example, you cannot patent an invention that was published more than one year ago, even if you are the first inventor, and even if you are the person who published it.

If you decide to offer your invention for sale, or to describe it in a magazine or on a website, it is very important for you to file a patent application within a year of this activity.

Do any of the following statements apply to your invention?

  • The invention was publicly used anywhere in the world.
  • The invention was offered for sale anywhere in the world.
  • The invention was patented anywhere in the world.
  • The invention was described in a printed publication or was available to the public anywhere in the world.
U.S. patent law prevents the patenting of inventions under certain circumstances such as those listed above, subject to certain exceptions. If your answer is Yes to any of the above questions and you do not qualify for an exception, you may not be entitled to a patent.

Provisional Application for Patent Information

Did you have a corresponding provisional application for patent filed?

If yes, what is the filing date of your provisional application? (MM/DD/YYYY)

Reason for Patent Protection

Why are you seeking patent protection? Check all that apply.

Please describe your reason for seeking patent protection.

Click on "Next" to save your application.

Inventorship

Did you invent your invention alone or with others?   Get Help
Being an "inventor" listed on a U.S. patent application requires that this person must have helped in creating the original fixed idea of the invention. This is called "conception." Most often it involves only one person or a very small group of people who routinely work together to solve problems. In contrast, someone who later helps build a prototype, or works on it at the inventor’s direction, is not an inventor. For someone to be considered an "inventor" that person has to have made a contribution to the original "fixed idea" or "conception" of the invention.

Was the invention made under a contract with an agency of the U.S. Government?

Please name the U.S. Government agency and the Government contract number below.

Type of Invention

Please select the one category that best describes your invention.

Purpose of Your Invention

What problem does your invention solve? Do not explain here HOW your invention solves the problem. Discuss ONLY the problem itself. Please answer in complete sentences.   Get Help
In this space, please describe the problem that your invention solves.

If you decide to reference any solutions currently in existence, do not call them "Prior Art" because using that term could adversely affect any future attempt by you to patent this invention. In addition, there's no need to focus on what the existing solutions can achieve--instead, focus on their shortcomings and what they DO NOT achieve.

In a few sentences, please describe how your invention solves the problem described above.   Get Help
In this space, please provide a short overview of how your invention overcomes the problem. You do not need to go into detail about how your invention works. We will ask for that detailed information later.

How Your Invention is an Improvement

In a sentence or two, please describe how your invention is different from and better than anything that exist in its field.

In a sentence or two, explain the problems with the other devices or systems in the field of your invention.

In a sentence or two, explain why these devices or systems don't work well.

In a sentence or two, describe how your invention improves on them.

Items or Steps that Make Up Your Invention   Get Help
Please list and describe in detail the elements of your invention. If you have a drawing of your invention, you should refer to that drawing and identify each part or component, using unique names and reference numbers.

For example, what is the most basic description of each listed element? What is it preferably made of? What could it be made of? How is it preferably sized and shaped? How could it be sized and shaped?

You also want to describe (in detail) all other possible variations and embodiments of these elements, even those that you think are inferior.

Use broad language where appropriate, such as "light source" instead of "light bulb" or "LED." Use the words "include" and "comprise," but NOT the word "consist" which is more limiting.

You can give ranges for size. For example, "Element A is preferably (but not necessarily) between about 2 and 4 feet in length, and is more preferably about 3 feet in length." Offering many variations and alternatives of the preferred elements in your invention is an opportunity for you to "think outside the box" and to potentially obtain more comprehensive patent protection.

Please list the individual components or elements that make up the best version of your invention.

For mechanical, electrical, and manufactured inventions, this includes all components, elements, and parts. For method, process, and software inventions, this includes all steps, decisions, and any necessary physical items.
Please be as detailed as necessary to convey an understanding of each element, but you do not need to describe each element's function here--we will ask for that information later. For example, what is done with a particular component is not required here--only the component itself should be listed.
Please number each item according to its number on any accompanying drawing(s).

Item/Step Number #1 :

plus icon in dark

Relationship Between the Components

Please describe the relationship between your invention's components, elements or steps.   Get Help
This is your opportunity to think like someone who wants to "copy" what your invention does, but does not have your permission. If you were a someone trying to do that by "designing around" your invention, how would you do it? For example, assume the invention includes Step A followed by Step B followed by Step C. Would the invention perform an identical or similar function if you swap Steps B and C? If so, you should include this information. You will want to make sure to describe (in detail) the relationship among elements in the preferred embodiment of your invention. For example, how do they preferably flow? How could they flow? How is the logic preferably configured? How could the logic be configured? How can the elements be shuffled, interchanged, or reconfigured to cause the invention to perform an identical or similar function? You also want to describe (in detail) all other possible variations of these relationships, even those that you don't think are valuable. Again, offering many variations and alternatives of the preferred elements in your invention is an opportunity for you to "think outside the box" and to potentially obtain more comprehensive patent protection.

Please use the Item Numbers you assigned to each item on the previous page, when you listed all of them.

Does your invention require logic (gates, if-then relationships, subroutines, etc.)?   Get Help
Some inventions are very simple. For example, a method might include steps A, B, C, and D, performed in that order. This method does not require logic. Or an invention may have no or few moving parts, requiring no logic as well. However, some inventions (such as software, more complex methods and many mechanical or electrical inventions) require logic. For example, an invention containing the following steps requires logic:

Step A: Measure the voltage at junction X.

Step B: If the voltage is greater than a threshold of 3 volts, then perform Step C; otherwise, perform Step D.

Don't overthink this: If your invention clearly does not require logic, do not feel the need to answer "yes" to this question. If you answer "yes," do your best to describe the logic required as simply as possible.

Please describe the logic (gates, if-then relationships, subroutines, etc.) required to create, implement or practice your invention..

How Does Your Invention Work?

How to Make the Invention

How would a person make the invention? Answering this question is extremely important. Please answer carefully and in as much detail as possible   Get Help
Describe this process using detailed steps, as if you were speaking to a colleague in the same field of technology.

Which elements are necessary? Which are optional? What elements could be added to make your invention work better? Please use complete sentences.

How to Use the Invention

How would a person use the invention to solve the problem that your invention solves? This is another very important section: Please be specific about the steps involved.   Get Help
Think of this like a brief "owner's manual" for your invention. Your application must enable "one of ordinary skill in the art" to make and use your invention. Write this description as if you were speaking to a competent colleague in the same field of technology. Some steps are well understood by those in the same field and don't need much elaboration. However, some steps may need more explanation.

Can this invention be used in a different way or in another field of technology? For example, even if your invention is not directed primarily to a computer or machine, could it be performed by a computer or machine?   Get Help
This is your opportunity to think broadly about all the possible uses of your invention. You might discover that there are potentially valuable uses in other fields of technology or to achieve different benefits. For example, a medical procedure might also be applicable to a particular manufacturing industry; a conventional electric motor could be used in a different way as an electric generator; an airplane propeller could be used as an air compressor in a jet engine. Think also about whether your invention could be implemented by a machine or computer. If your invention is a method to determine proper dosage of medication, could a computer accomplish all or part of the process?

Although these may not be ideal uses or implementations, including them can broaden the scope of your patent application.

Other Invention Uses

Describe how this invention can be used in a different way or in another field of technology.   Get Help
For example, if your invention is an engine, what larger systems could use or benefit from your invention? Include automobiles, power plants, tools, airplanes, and so forth.

Can the invention produce a product, device, composition or other useful item?   Get Help
This is another opportunity to think broadly about all the possible benefits of your invention. You might discover that even though your invention's main benefit lies in one area, it produces another useful item as a by-product of its main function. Listing these can broaden the scope of your application.

Please list and describe all products and devices, compositions and other useful items that your invention can produce

Inventor Information

First Name

Middle Name

Last Name

Suffix

Inventor Residence

Street Address

City

State

Zip Code

Contact Phone Number   Get Help
When reviewing an application, the USPTO may need to contact you. Please enter the phone number you would like to be contacted at.

Your number is not required for purchase, but we (or Trademarkcounsels LLC) would like to call or text you with our auto-dialing technology if you seem to need help with your order and with special offers. Message and data rates may apply.

Country

Citizenship   Get Help
Anyone can apply for a U.S. provisional patent, even non-U.S. citizens. However, the U.S. provisional patent application will not protect your invention in any country other than the United States.

Email Address

Additional Inventor Information
plus icon in dark

First Name

Middle Name

Last Name

Suffix

Street Address

City

State

Zip Code

Country

Citizenship

You are almost done! Now just pick the processing speed that is right for you.

OPTIONAL

Add a few extras

Get higher quality with less effort

Conduct a Patent Search on your invention : PATENT SEARCH

An attorney will conduct a patent search and provide you with a report.
$299

Patent Search + Attorney Opinion : PATENT SEARCH + ATTORNEY OPINION

An attorney will conduct a patent search, provide you with a report and an opinion letter on how to proceed.
$499

Get 3 quotes from 3 different attorneys : FEATURED

You only get one free quote by default.
$20

MARK your project as urgent : URGENT

You will receive the quotes faster sometimes within minutes of submitting the completed questionnaire
$25

REQUEST an NDA (Non-disclosure Agreement) : NDA

Keep your ideas and confidential information 100% protected with an NDA approved by us
View NDA
$35

Let us do the Scouting for you : TALENT SCOUT

We will pick proposals for you from our trusted network and help you shortlist
$50

Free Quote:

$0

By using the Trademarkcounsels.com website (the “Website”), you agree to these terms and conditions as an agreement by and between you and Trademarkcounsels.com and Trademarkcounsels, LLC (referred to as “we”, “us” or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

We provide general information related to trademarks and provide a website that allows you to prepare and file trademarks. We are not a law firm. We do not provide and cannot provide legal advice to you.

THIS AGREEMENT, BELOW, CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.

Conditions to Use our Website

Your permission to use the Website is conditioned upon your agreement that you:

• will comply with these Terms of Use;

• are 18 years of age or older;

• will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws.

• will not copy or distribute any part of the Website in any manner without our prior written consent;

• will provide accurate information when creating an account, submitting content or registering for our Website;

• will not allow others to use the Website under your User ID;

• are solely responsible for your User ID and the activity that occurs through your User ID;

• will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;

• are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links, videos and pictures including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to other’s proprietary rights;

• grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of and/or display any materials provided by you; and

• agree we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

Your Account/Profile

To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.

Because sharing User IDs is prohibited we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at support@trademarkcounsels.com

Your Content

We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content or UGC”). You agree not to post or use any UGC in any way that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;

• violates the privacy, publicity, or other rights of third parties;

• is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or

• could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts or take other actions. We are not responsible for any harm to you caused by UGC.

Your Conduct

By using the Website, You agree not to:

• conduct or promote any illegal activities;

• attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);

• attempt to gain access to secured portions of the Website;

• use the Website to generate unsolicited email advertisements or spam;

• use any automatic or manual process to search or harvest information from the Website;

• interfere in any way with the proper functioning of the Website; or

• impersonate another user.

Links to Other Sites

We may have links to third-party websites that are not owned, controlled or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products or services by the simple inclusion of a link to another website.

Termination

We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason, without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. A termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections and all terms and conditions related to your Content shall survive the termination of this Agreement.

Display of data and Search

We rely upon government records and may display them on this website. While we try to use the most recent information available, we cannot guarantee its accuracy or timeliness.

Calendar Reminders

As part of our services, we may offer reminders or notifications about certain deadlines that may apply to your trademark. These notifications are for informational purposes only and are the general standards applicable to most trademarks. Your particular situation may be different than the general guidelines and you should consider consulting with a licensed attorney regarding the applicable deadlines that apply to your specific situation. We do not offer legal advice and the automated notifications are not legal advice or legal interpretations based on your specifics.

Creation of Forms and Disclaimer

We are a technology platform that helps create forms and we are not a law firm or legal service provider. Should you purchase one or more packages that includes cease and desist, assignment of trademark letters or other forms, you will be entitled to a form document that includes the information provided by you or from your files.

We are not a substitute for an attorney and we cannot provide you any legal advice. Our customer service representatives cannot answer legal questions and because we do not have an attorney-client relationship, any communications with our customer service representatives are not privileged and you should not share confidential information with them. We can help you prepare your own trademark application, but we cannot file it for you as your counsel of record. We cannot provide you any legal advice related to your particular trademark.

We may, but are not obligated to, review the information you provide to us for completeness, inconsistencies or other administerial errors. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. If you believe you have received any legal services or advice from us, you will not make your purchase. You acknowledge and understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law. You further acknowledge and understand that that each form and any applicable instructions or guidance is not customized to your particular needs by us.

PLEASE NOTE THAT WE RETAIN YOUR CREDIT CARD INFORMATION SO THAT WE MAY PAY THE GOVERNMENTAL FILING FEE ASSOCIATED WITH YOUR ORDER ONLY AFTER YOU APPROVE OR HAVE THE OPPORTUNITY TO APPROVE THE APPLICATION AND ARE MADE AWARE OF THE COST OF THE FILING FEE.

Search Services

If you use our search services, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will make it through and be approved even if you use our search services. There may be a number of reasons the USPTO rejects your mark and there are circumstances where an automated search may not identify a mark the USPTO identifies as a reason to reject your mark.

Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims or challenges made by holders of common law rights to all marks. There are circumstances where an automated search may not identify a common law mark that may be similar to your mark.

The purpose of the search report is to provide you with marks to satisfy the parameters identified for the type of search you use. It is not meant to be legal advice as to whether your proposed mark will be rejected or whether it would be considered similar to another mark. You may want to consult with an attorney regarding the results of the search report we furnish you.

Our Trademarkcounsels, LLC federal trademark search reviews the USPTO database and is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.

Our Trademarkcounsels, LLC federal, state and common law search reviews the USPTO database, the databases of all 50 states, a business registry and the database of domain names. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.

Our Trademarkcounsels, LLC global search reviews the USPTO database, the databases of all 50 states, a business registry, the database of domain names, the World Intellectual Property Organization (“WIPO”) database and the European Community database. It is limited to direct matches, phonetically similar, or appearance by way of design.

Blockchain Technology

We may utilize blockchain technology to create a permanent, time-stamped record in order to document information about your trademark use. We list the information you provide to us regarding your mark, including a digital signature of the submitted specimen, on the Trademarkcounsels blockchain. We believe there is evidentiary value in having permanent, time-stamped records of on the Trademarkcounsels blockchain.

You understand that by using the Website and associated services, information you submit may have a permanent record of its creation in the Trademarkcounsels blockchain, which cannot be erased. You also understand that blockchain-based records of trademark use do not guarantee immediate legal standing for trademark ownership or associated claims and that they are not the same as a registration with the USPTO or other governmental entity.

Any malfunction, breakdown and abandonment of the Hyperledger Fabric protocol may have material adverse consequences for you if you rely on these blockchain-based trademark records for any reason.

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 Trademarkcounsels, LLC.

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.

Logo Design Services

Logo design services are offered on the Website. Once you make the required payment and provide us with the specifications for your logo, our designers create a unique, original logo in accordance with your instructions and the package you purchased. After completing the initial design(s) of your logo, we will provide you with potential logos (the “Initial Design Samples”). At this point you may accept an Initial Design Sample, request revisions, or request a refund. There is no additional fee for revisions, provided the requested revisions does not conflict with your original logo specifications. The number of revisions you may request is dependent upon the design package you purchased. Turnaround time for a revision is 1-2 business days. After accepting a design as your final logo, whether acceptance was made after receiving the Initial Design Sample or after requesting revisions, we will send you the completed logo (the “Final Distribution”).

After the Final Distribution, you gain the ownership of the final logo. We only retain the right to use the final logo, or any logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. You understand that after receiving the logo via the Final Distribution, you will still need to register the logo with the appropriate governmental agency to gain full intellectual property rights to your logo. An incomplete transaction results in Trademarkcounsels retaining all intellectual property rights of the designed logo.

If a refund request for the logo services is submitted before receiving your Initial Design Samples, you may be eligible for a 100% refund. If a refund request is submitted within 72 hours of receipt of the Initial Design Samples, and before you request any changes, you may be eligible for a refund. You are ineligible for a refund after you request revisions to an Initial Design Sample. You are ineligible for a refund if the request is submitted after 72 hours of the receipt of the Initial Design Samples. You are ineligible for a refund if your order is terminated due to a breach of these Terms of Service or any of the policies herein referenced.

Regardless of the language used elsewhere in this Section, we reserve the right to impose a design fee on logo design services refunds. Regardless of the language used elsewhere in this Section, we also reserve the right to approve or deny a refund request on a case-by-case basis. If the design you receive is defective or not the same as shown at the time of purchasing, and the defect is not a delivery error, then you will be entitled to a refund. Whether a logo is defective is at our sole discretion.

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 "Trademarkcounsels," "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 Trademarkcounsels, LLC, 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 Trademarkcounsels 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 OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE E-MAILED TO TRADEMARKCOUNSELS, LLC, SUPPORT@TRADEMARKCOUNSELS.COM WITH THE SUBJECT LINE “OPT-OUT’ AND INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.

Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA's and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Harris County, Texas, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits Trademarkcounsels, LLC from asking the arbitrator to award Trademarkcounsels, LLC all costs of the arbitration including any Administrative Fees paid on your behalf.

If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Houston, Harris County, Texas.

Export Control

You may not access, download, use or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

Intellectual Property

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We 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 by us is 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 any intellectual property rights in any copyrighted 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 license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.

Copyright Notice

If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to support@trademarkcounsels.com or to the copyright agent on file with the U.S. Copyright Office with the Subject: “copyright notice.” Your notice needs to include: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Entire Agreement

This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

Modifications to the Agreement

We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to notify you via email of any substantial changes, by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

Authorization

By submitting an order, you acknowledge that you are authorizing us to list ourselves, along with you, as a recipient of correspondence from the USPTO related to your trademarks. You may change this at any time, but including us allows us to better serve you and may prevent us from providing certain services such as monitoring and calendaring.

Refund Policy

The Trademarkcounsels strives to meet the trademark needs of our customers in a professional, courteous and efficient manner. We want every customer to be 100% satisfied, so we will work with any customer who has any questions or concerns about their filings. Our customer service team is made up of dedicated trademark representatives with one goal - to meet each client's needs in a friendly, caring, and efficient manner. If you do not think we have met this goal, let us know and we will be happy to make every effort to resolve the issues to your satisfaction. If we don’t, please request a 100% refund of the fees you paid to the Trademarkcounsels. You can send us an email at support@trademarkcounsels.com or call us toll free at 1 (877) 721-4579.

If we make an error in your filing, we will do our best to admit it and make the changes needed to fix the correction as soon as we can at no additional cost to you.

Please note only Trademarkcounsels fees are refundable; all government fees involved in your filing services are non-refundable. The USPTO may experience delays or deny your application without any fault of the Trademarkcounsels. These issues are out of our control and will not be the basis for a refund.

If you decide that you want a refund, all such requests must be submitted within 60 days of purchase. Your refund will be issued in the same form that it was received. For example, if the payment to Trademarkcounsels, LLC was made by credit card then the refund will be issued to the same credit card used to make the payment. However, if you choose, you may request to receive a credit for future Trademarkcounsels, LLC purchases/payments instead of a refund.

Miscellaneous

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.

Select Payment Option :

Confirmation

Form has been submitted Successfully !
You will recieve estimation on your email id and contact no.

success on order