- Free Trademark SearchLanguage
Current as of January 1, 2022
Please read these terms carefully before using this site. This page is translated into other languages as a courtesy. In the event of a dispute, the English language version of this page controls.
This agreement is between Markavo Legal (“Law Firm”) and You (“Client”) effective on the date of your submission of the order and pending a conflict check by Law Firm. In the event that there is a conflict with another present or past client and we are unable to take your case, you will be refunded in full. Submission of payment constitutes your electronic signature and you agree to be bound by the terms below:
Client employs Law Firm to undertake legal services for the trademark specified on the order form. Scope of available services are listed below.
The following services are included with the Subscription, Basic, and Premium plans.
Law Firm will review the information provided by Client for basic mistakes that make it clear that a trademark is not appropriate and inform Client. Law Firm will perform a basic knock-out search of pending and registered federal trademarks for direct matches. In the event that a result is found that is likely to block your registration is found, Client will have the option to proceed with the application or have Law Firm search for one alternative mark at no additional cost. Additional trademark searches are $99 each in the case that the first and second choices are not available.
If mark is cleared or Client desires to apply for a mark that may entail significant risk of being denied, Law Firm will draft a trademark application using information provided by Client. Law Firm will prepare Federal Trademark Application and submit it on Client’s behalf, appearing as attorney of record, upon receipt of Government Filing fees from Client. Once filed, Law Firm will track Client’s trademark application once filed and provide status updates.
Any additional legal services required are at an additional charge. Additional legal services include (but are not limited to) additional trademark searches beyond what is included, responding to office actions, filing statements of use or extensions of time, and responding to Cease and Desist letters. At no time will Law Firm perform an additional service without first securing Client consent and receiving payment in advance.
Client agrees that $99 (or lower) discounted fee is a special pricing service that requires retaining the Trademark Watch Subscription for two billing cycles. This means Client will need to pay an additional $198 over the next two billing cycles as part of this bundled price for a discounted U.S. filing along with the Trademark Watch Subscription.
Client understands that the Subscription may be canceled at any time to avoid additional charges beyond the mandatory two billing cycles agreed to. Client understands once the Subscription has been canceled, that Client's service level will be downgraded to the Basic plan.
The Subscription plan includes the services described above under the heading "All Trademark Services." In addition, during the term of an active subscription Client will receive Infringement Monitoring and Trademark watch services, free attorney telephone consultations (described fully below under "Telephone Consultation Policy,") and 30% off our listed Office Action fees, in the event an Office Action is received. Client will also receive access to a document library consisting of a Cease and Desist Letter Template and Assignment Template.
The Basic plan includes only the services described above under the heading "All Trademark Services."
The Premium plan includes the services described above under the heading "All Trademark Services." In addition, Client will receive Infringement Monitoring and Trademark watch services for one year, and 30 minutes of free attorney telephone consultations (described fully below under "Telephone Consultation Policy.")
As Law Firm offers flat rate services, we are not able to offer unlimited access to telephone consultations with an attorney. Like other professional service providers, the attorney you work with is not available for phone calls on demand and to speak with an attorney will require that a time for a call be scheduled in advance.
Unless otherwise specified, each paid matter includes one 15 minute attorney telephone consultation that is limited in scope to the matter Law Firm was hired to work on. Should Client require additional attorney telephone consultation, pre-paid consults are available at the attorney's standard hourly rate. Law Firm works with clients in multiple time zones and attorney availability may not overlap with your preferred availability or business hours. Refunds or discounts are not offered on Law Firm service fees should Client not avail themselves of a telephone consultation. Client agrees that email will be the primary mode of communication and Client may contact the Law Firm at hello@markavo.com at any time for no additional fees.
Clients with an active subscription are entitled to 30 minutes of consultation time prior to their trademark application being filed and one 15 minute call per month. Unsued call time does not roll over from month to month. Calls are limited in scope to the trademark that the Law Firm was hired to work on. Calls must be scheduled in advance on our website.
Client agrees to submit all required material and fees 7 business days prior to any USPTO due date to guarantee Law Firm will have adequate time to timely respond. Any submissions with due dates sooner than 7 business days will be processed on a best efforts basis. Law firm will perform contracted for legal services, inform Client of progress, and respond promptly to Client inquiries. Client agrees to promptly communicate with Law Firm, provide necessary documentation as requested, pay necessary costs, fees, and expenses in a timely manner and keep Law Firm informed of current telephone number and email address. Law Firm is not responsible for any consequences that stem from a Client’s failure to forward Law Firm required fees prior to any deadlines at the USPTO. Client agrees to ensure that status update emails from hello@markavo.com are not being blocked by their email spam filters.
All fees are earned when paid and are nonrefundable. Client’s tender of funds vests interest in the funds to the Law Firm immediately upon receipt. All funds paid are immediately the property of the Law Firm. This is not a retainer agreement. This means that fees paid will NOT be put in any trust account on Client’s behalf. It is clearly understood that the deposit of said funds will be the sole property of the Law Firm and will not be refunded to Client should Client otherwise become dissatisfied. If there is any disagreement or concern with regard to the nonrefundable fees, Client should seek counsel with another lawyer of his or her choice.
Government filing fees are invoiced and must be paid in full before Client trademark application will be filed. The USTPO TEAS Standard filing fee is $350 per class of goods or service. In some circumstances, your application may qualify for the less-available TEAS PLUS system which offers reduced fees of $250 and offers streamlined processing by the USPTO. If your application qualifies for TEAS PLUS drafting, we will use it and retain the difference between the TEAS Standard filing fee and the TEAS PLUS filing fee to compensate for the additional time it takes to process and prepare a TEAS PLUS application.
Client understands that Trademark Applications are a legal proceeding and as such there are no guarantees that Client will be granted their desired trademark by the USPTO. Client also understands that Trademark Searches of any kind are inherently imperfect as database providers build their products from a multiplicity of public and private sources of varying quality and coverage. As such, a trademark search that provides the Client a favorable result does not guarantee with perfect certainty that no other party has a legal right to the searched for trademark.
It is understood that Law Firm reserves the right to assign all or any portion of the work to be performed under this Agreement to an associate, law clerk, other lawyers, paralegals, or others working under Law Firm’s supervision at Law Firm’s expense.
Client is entitled to terminate this agreement at any time. Law Firm will be entitled to fees paid and reimbursement of costs and expenses advanced by Law Firm. In such event, Law Firm may claim a lien as provided by law upon Client’s property and may further decline to withdraw as Lawyer for Client until Law Firm is paid in full.
Law Firm may elect to withdraw from Client’s representation and terminate this Agreement for good and sufficient cause, which may include innocent or intentional misrepresentation of material facts by Client, or discovery of facts or circumstances during the course of this Agreement from which the Law Firm concludes that such continued representation would be in violation of professionally recognized standards of conduct. This agreement may be terminated by Law Firm upon written notice to Client if Client fails to timely pay fees, costs, or expenses due.
Client grants to Law Firm a Power of Attorney to execute all documents connected with subject matter of Law Firm’s employment.
In event that legal action is required by Law Firm to recover any fees or cost reimbursements due from Client pursuant to this Agreement, Law Firm will be entitled to an award of reasonable attorney fees that will be determined and awarded by a court in such action.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement and such declaration shall have no effect on the enforceability of the remaining terms. This Agreement contains the complete and entire understanding and agreement between Client and Law Firm and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
