Terms & Conditions

1. Acceptance of Terms

By accessing or using the website located at www.thetrademarkcounsel.com (the "Site") or by engaging The Trademark Counsel for any services, you ("Client" or "User") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

These Terms constitute a legally binding agreement between you and The Trademark Counsel ("Company," "we," "us," or "our"), a trademark and intellectual property services firm incorporated in the State of New York.

2. Services Description

The Trademark Counsel provides trademark registration, brand monitoring, IP legal advisory, trademark search, international trademark filing, and trademark renewal services. Our services are provided by or under the supervision of licensed US trademark attorneys registered to practice before the United States Patent and Trademark Office (USPTO).

Engagement of our services does not automatically create an attorney-client relationship. A formal attorney-client relationship is only established upon execution of a signed engagement agreement and payment of applicable fees.

3. No Guarantee of Registration

While we apply our full professional expertise to every application, we cannot guarantee the successful registration of any trademark. Trademark registration is subject to the discretion of the USPTO and equivalent foreign authorities. Factors beyond our control — including prior conflicting registrations, descriptiveness of the mark, and examiner decisions — may affect the outcome of any application.

Our flat-fee service covers preparation and filing. USPTO filing fees, Office Action response fees (if required beyond one response), and fees for additional international classes are separate unless expressly stated in your engagement agreement.

4. Client Responsibilities

As a client, you agree to:

• Provide accurate, complete, and truthful information required for trademark filings
• Respond promptly to our requests for information, approvals, or signatures
• Pay all agreed fees in a timely manner
• Notify us immediately of any changes to your contact details or business information
• Review and approve all documents before submission to any government authority
• Maintain actual use of your trademark in commerce to sustain registration

5. Fees and Payment

Our service fees are quoted prior to engagement and are payable as described in your engagement agreement. All fees are:

• Quoted in US Dollars (USD)
• Non-refundable once work has commenced unless otherwise agreed in writing
• Exclusive of USPTO government filing fees unless expressly bundled
• Subject to change for future engagements with reasonable notice

Payments are processed securely through our payment processor. We do not store your payment card details on our servers.

6. Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, designs, and software — is the property of The Trademark Counsel and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or create derivative works from any Site content without our prior written consent.

Trademark applications and related documentation prepared on your behalf remain your property upon full payment of all fees. Work product not yet delivered does not transfer until payment is received in full.

7. Confidentiality

We maintain strict confidentiality of all client information. Information shared with our licensed attorneys in the context of a formal engagement is protected by attorney-client privilege. We will not disclose your confidential information to third parties except as necessary to perform services, comply with legal requirements, or as otherwise permitted under our Privacy Policy.

8. Disclaimer of Warranties

This Site and all content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

General information on this Site does not constitute legal advice and does not create an attorney-client relationship. You should not act on any information on this Site without first consulting a qualified trademark attorney.

9. Limitation of Liability

To the maximum extent permitted by applicable law, The Trademark Counsel shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our Site or services. Our total liability for any claim related to our services shall not exceed the fees paid by you to us for the specific service giving rise to the claim.

We are not liable for delays or failures caused by USPTO processing times, government shutdowns, force majeure events, or circumstances beyond our reasonable control.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Trademark Counsel, its attorneys, employees, and agents from and against any claims, liabilities, damages, judgments, and expenses (including reasonable legal fees) arising out of your use of our services, your breach of these Terms, or your violation of any third party's intellectual property or other rights.

11. Governing Law and Dispute Resolution

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 dispute arising under these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Beacon, New York, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

12. Termination

Either party may terminate an engagement by providing written notice. Upon termination, we will provide you with all work product completed to date and transfer any pending applications to you or your new counsel. Fees for work completed prior to termination are non-refundable. We reserve the right to withdraw from representation in accordance with applicable professional responsibility rules.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms to this page with a revised date. Your continued use of our Site or services after changes are posted constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

15. Contact Us

If you have any questions about these Terms and Conditions, please contact us: