Terms of Use for Trademark Novelty

• Trademark Engine Terms of Service
• Trademark Engine Privacy Policy

By accessing the Trademark Novelty website (referred to as “the Website”), you agree to these terms and conditions, forming a binding agreement between you and Trademark Novelty, LLC (“we,” “us,” or “our”). These terms incorporate our Privacy Policy. If you do not agree to these terms, please refrain from using the Website.

We offer general information on trademarks and a platform to help you prepare and submit trademark applications. Please note, we are not a law firm and cannot provide legal advice.

IMPORTANT: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTIONS, GOVERNED BY THE FEDERAL ARBITRATION ACT.

Website Usage Conditions

To use our website, you must agree to the following conditions:

• You are at least 18 years old.
• You will comply with these Terms of Service.
• You will not use the Website in violation of any U.S. law, including export and re-export regulations.
• You will not copy or distribute Website content without prior written consent.
• You will provide accurate information when creating an account or submitting content.
• You will not share your User ID with others.
• You are responsible for all activities under your User ID.
• You will not use the Website for commercial purposes beyond what the Website offers or to solicit others.
• You are responsible for any content you provide, ensuring it doesn't infringe on any rights, including copyrights or trademarks.

By posting content, you grant Trademark Novelty and its users a non-exclusive license to use, reproduce, and display your materials. We reserve the right to remove any content and terminate your account without prior notice.

Account/Profile Management

You may need to create an account or profile to access parts of the Website. You are responsible for keeping your account information accurate and updated. Sharing User IDs is prohibited, and you are responsible for all activity under your ID. If you suspect unauthorized use of your account, notify us immediately at support@trademarknovelty.com.

User-Generated Content (UGC)

You agree that any UGC you submit will not:

• Violate intellectual property rights or any other proprietary rights.
• Breach privacy or publicity rights.
• Contain defamatory, obscene, or unlawful material.
• Harm Trademark Novelty, its affiliates, or partners.

We reserve the right to remove any UGC that violates these terms or take other necessary actions.

Code of Conduct

When using our website, you agree not to:

• Engage in illegal activities.
• Reverse-engineer or disrupt the Website’s functionality.
• Attempt to access secured areas of the Website.
• Send unsolicited emails or spam.
• Use automated tools to harvest data from the Website.
• Impersonate other users.

External Links

Our website may contain links to third-party websites. We do not control or endorse these websites and are not responsible for their content or practices.

Termination

We reserve the right to modify or discontinue the Website or its services at any time. Additionally, we may terminate this agreement at any time, for any reason, without notice. Upon termination, access to the Website will cease immediately.

Data Display and Search Results

We use government records for some of the information displayed on the Website. While we strive to use the latest available data, we cannot guarantee its accuracy or timeliness.

Calendar Reminders

As part of our service, we may provide reminders about trademark-related deadlines. These reminders are for informational purposes only and may not be applicable to your specific situation. We recommend consulting a licensed attorney for legal advice tailored to your circumstances.

Disclaimer for Form Creation

Trademark Novelty provides a platform for creating forms but is not a law firm. If you purchase a package that includes legal forms (e.g., cease and desist letters), these forms are generated based on the information you provide and do not constitute legal advice.

We are not a substitute for legal counsel, and our customer service team cannot answer legal questions. Any communications with our representatives are not privileged and should not include confidential information. We cannot file trademark applications on your behalf or offer legal advice on your trademark.

Search Services

Our search services utilize reasonable methods to identify potential conflicts with your trademark. However, we cannot guarantee the success of your trademark application, even after using our search services. It is possible that marks we miss or the U.S. Patent and Trademark Office (USPTO) might still reject your application.

If your search includes common law marks, our methods are also reasonable but not foolproof. You may still face challenges or claims from holders of common law rights.

The results of our search are not legal advice. For a comprehensive understanding of your search results, we recommend consulting with an attorney.

Trademark Monitoring Services

Our monitoring services track newly filed applications that may conflict with your trademark based on similarity in name, phonetics, translation, or design. These results are published in the USPTO Official Gazette and other sources we monitor.

Privacy Program

When you subscribe to the Premium Protection Privacy Program through the Trademark Novelty Website, the physical address you receive is supplied by Snapmailbox.com, LLC. The use of this address is governed by Snapmailbox.com, LLC’s Terms of Service. If you request assistance in utilizing the physical address or virtual mail service provided by Snapmailbox.com, LLC, we will pass your information to them, including your credit card details for payment processing. Trademark Novelty is not responsible or liable for the actions of Snapmailbox.com, LLC or for your use of their addresses and virtual mail services.

You have the option to cancel your subscription to the Privacy Protection Program at any time. However, if you choose to cancel before the subscription period concludes, no partial refunds will be issued. Cancelling the Privacy Protection Program will incur a fee to cover the cost of processing an amendment with the USPTO to change your address. Your cancellation will not be finalized until the address change has been officially filed with the USPTO. Once you cancel your Privacy Protection Program subscription, your information, including your phone number, email, and (if you purchased the premium privacy protection) address, will become publicly accessible on government websites.

Third-Party Legal Services

The third-party legal services mentioned on our website are provided by Swyft Legal, LLC, and their services are subject to Swyft Legal, LLC’s terms of service.

Subscription and Auto-Renewals

If you have enrolled in one or more subscription services via our website, the following additional terms will apply.

Your license to utilize the Services remains valid as long as your subscription is in good standing and all payments are current (hereinafter referred to as “Subscription Term”). To maintain the validity and effectiveness of your Subscription Term, you are responsible for paying all applicable charges related to your subscriptions, including taxes and fees. Unless otherwise stated, your Subscription Term will automatically renew, and you will be charged via the credit card you provided for the next applicable Subscription Term at the beginning of the renewal period. These charges will apply regardless of your continued use of the Services throughout the Subscription Term. YOU ARE LIABLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS TERMINATED.

If your Subscription Term is on a month-to-month basis and you made your purchase on the 29th through the 31st day of any month, your renewal date will shift to the last day of the month for subsequent months that have fewer days. Unless specified otherwise, the renewal period will be the same as your initial payment.

We may offer promotional trial memberships. While these trial memberships may be presented as free, you authorize us to charge your credit card $1 for verification purposes. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE INDICATED IN THE OFFER OR IF YOU CANCEL, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND YOUR CREDIT CARD WILL BE CHARGED FOR THE INITIAL SUBSCRIPTION TERM. It is essential to recognize that you will not receive any notification from us when your free trial ends, nor will you be alerted that payment for your subscription is required.

We reserve the right to discontinue subscriptions and will halt any corresponding charges. Additionally, we may terminate your subscription at our discretion, while ensuring you retain the right to a pro-rated refund of fees.

Subscription fees and/or terms may be increased with a 30-day notice. You may terminate your services prior to the implementation of any fee increases or changes in renewal terms. If you do not cancel, you will be charged the updated rate at the time of your Subscription Term renewal. The new amount and/or renewed Subscription Term will then apply.

If your recorded payment is declined on the renewal date of your Subscription Term, you will have a minimum of three business days to provide updated payment details. If no updated information is submitted after this three-business-day period, we may suspend your services and terminate the Subscription. If we attempt to charge your credit card and it fails, we may, though not obligated, make further attempts to collect the owed amount. We also reserve the right to charge your card in smaller amounts over multiple transactions, not exceeding the total due Subscription Term payment. If you or we update your payment method due to changes in validity or expiration date, we will automatically resume billing for your subscription to the Services. We hold the right to refuse reactivation of an account or subscription until all outstanding payments are settled.

To cancel your subscription, please contact us at support@trademarknovelty.com or (346) 552-9439. After you cancel, your subscription and account will remain active until the end of the current Subscription Term. Following termination, you may lose access to your account and the Services linked to your subscription.

New Services/Features

Periodically, we may introduce new services and/or features via the Website (including the introduction of new tools and resources). These new offerings will also be subject to these Terms of Service.

Disclaimers of Warranty and Limitations of Liability

We provide the Website and associated services “as is,” “where is,” and “as available.” We offer no express or implied warranties or guarantees regarding the Website, the goods, and services outlined therein, or the advertisers involved. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND ADVERTISING MERCHANTS 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 DO NOT GUARANTEE THAT WE WILL MEET YOUR EXPECTATIONS, NOR THAT OUR SERVICE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR ALWAYS ACCESSIBLE. WE DO NOT ASSURE YOU WILL BE ABLE TO ACCESS OR UTILIZE THE WEBSITE AT YOUR DESIRED TIMES OR LOCATIONS.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO DISCONTINUE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND ADVERTISERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE IN ANY FORM. THESE EXCLUSIONS APPLY TO CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK INTERRUPTIONS, COMPUTER MALFUNCTIONS, DAMAGE TO OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEN IN THAT JURISDICTION, OUR LIABILITY, AS WELL AS THAT OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND ADVERTISERS, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

In connection with the above 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 that 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 Trademark Novelty, its officers, directors, representatives, employees, and agents, as well as all parent companies, affiliates, related entities, and their respective officers, directors, representatives, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to reasonable attorney’s fees) arising from:

• Your violation of any term outlined in these Terms of Service.
• Your infringement of any third-party rights, including but not limited to copyrights, property rights, privacy rights, or any intangible or intellectual property rights.
• Any claim that your UGC (user-generated content) causes harm to a third party.

Dispute Resolution

For the purpose of this Section, references to “Trademark Novelty,” “you,” and “us” encompass 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, a “Dispute” is defined as any claim, controversy, or conflict between you and Trademark Novelty, LLC, its members, officers, directors, agents, parent companies, and vendors that arises from or relates to this Agreement, your use of the Site or Services, or any aspect of your relationship with Trademark Novelty, which has accrued or may accrue in the future, whether based on contract, statute (including, but not limited to, any consumer protection statutes, regulations, ordinances), tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.

The Federal Arbitration Act governs the arbitrability of any Disputes, rather than any state laws applicable to arbitrations. To the maximum extent permitted by law, the laws of the State of Texas will 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 will be FINALLY and EXCLUSIVELY resolved through binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement arises from a transaction involving interstate commerce and is governed by the Federal.

Export Control

You are prohibited from accessing, downloading, using, or exporting the Services in a manner that contravenes United States export laws or any other applicable laws and regulations. You agree to adhere to all export laws, restrictions, and regulations imposed by any United States or foreign authority, taking full responsibility for obtaining any necessary licenses for export or re-export.

Intellectual Property

Trademark Novelty, along with its licensors, retains full ownership of all intellectual property rights associated with the Website. This includes all relevant trademarks, copyrights, and proprietary rights, such as trade secrets. By using this Website under the terms of this Agreement, you are granted a limited right to utilize the Website; however, no license is granted to you for any of these intellectual property rights. All rights not explicitly granted to you are reserved by us. You may print limited copies of one or more pages from the Website for personal use.

We maintain ownership of all content, including text, software, scripts, graphics, images, sounds, interactive features, and associated trademarks, service marks, and logos (“Marks”), unless those Marks are provided by Merchants for display on this Website. The Marks are either owned or licensed to us and are protected under U.S. copyright law, local laws where you reside, and international agreements. All content on the Website is provided "AS IS" for your informational and personal use only; you may not use, copy, reproduce, modify, distribute, transmit, broadcast, display, sell, license, or otherwise exploit it for any purpose without prior written permission from the respective owners. We retain all rights not explicitly granted in this Agreement.

You maintain any intellectual property rights related to any copyrighted materials and trademarks included in user-generated content (UGC) that you submit to the Website. By submitting such content, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, create derivative works from, translate, distribute, publicly perform, and publicly display your UGC in any form or medium, whether currently known or developed in the future. This includes the rights to use, sell, import, offer for sale, or otherwise commercially exploit your intellectual property rights related to the UGC in any manner we deem fit.

Copyright Notice

If you believe your copyrights have been violated, please submit a notification in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) by writing to support@trademarknovelty.com or to the designated copyright agent registered with the U.S. Copyright Office, using the subject line "copyright notice." Your notification should contain:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner whose exclusive rights are allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of those works.
• Identification of the material claimed to be infringing or the subject of infringing activity, along with information sufficient for the service provider to locate the material.
• Your contact information, such as an address, phone number, and, if available, an email address.
• A statement affirming your good faith belief that the use of the material in the way described is unauthorized by the copyright owner, its agent, or the law.
• A statement confirming that the information in your notification is accurate, and that you are authorized to act on behalf of the copyright owner whose rights are allegedly infringed, under penalty of perjury.

Choice of Language

The original version of this Terms of Service (TOS) is in English, which shall govern in all respects. You acknowledge that you have received this TOS and all related communications solely in English. If you receive this TOS or any related documents translated into another language, such translations will have no legal effect. By accepting this TOS, you confirm that you have read and understood the documents provided in English.

Entire Agreement

This Agreement, together with the Privacy Policy, represents the complete agreement between the parties regarding its subject matter. No waiver by either party of any breach or default shall constitute a waiver of any prior or subsequent breach or default.

Modifications to the Agreement

We reserve the right to modify or discontinue any part of these terms and/or our Privacy Policy at any time, as we find necessary or desirable. Changes may include the addition of certain fees or charges. We may notify you of significant changes via email to the address associated with your account and/or by posting a notice on the Website. Changes will take effect as soon as we send you an email or post notice on our Website. Therefore, we encourage you to periodically review this section of our Website to stay informed of any updates. Your continued use of the Website after such notice constitutes your acceptance of those modifications.

Authorization

By placing an order, you authorize us to include ourselves as a recipient of communications from the United States Patent and Trademark Office (USPTO) concerning your trademarks. You can change this at any time, but including us will help us serve you better and may be necessary for certain services, such as monitoring and calendaring.

Refund Policy

Trademark Novelty is committed to addressing the trademark needs of our clients in a professional and efficient manner. Our goal is to ensure complete customer satisfaction, and we are ready to work with anyone who has inquiries or concerns regarding their filings. Our customer service team consists of dedicated trademark representatives focused on fulfilling each client’s needs with friendliness and efficiency. If you feel we have not met this goal, please let us know so we can resolve the issue to your satisfaction. If we cannot reach a resolution, you may request a refund of the fees paid to Trademark Novelty by emailing us at support@trademarknovelty.com or calling us toll-free at 1 (346) 552-9439

In cases where we make a mistake in your filing, we will strive to acknowledge the error and implement the necessary corrections promptly at no extra charge to you.

Please note that only the fees charged by Trademark Novelty are refundable; all government fees associated with your filing services are non-refundable. The USPTO may face delays or reject your application for reasons unrelated to Trademark Novelty, and these circumstances are beyond our control and will not be grounds for a refund.

If you wish to request a refund, all requests must be made within 30 days of purchase. Refunds will be issued using the same method of payment as the original transaction. For example, if payment was made by credit card, the refund will be processed back to that credit card. Alternatively, you may choose to receive a credit for future purchases from Trademark Novelty instead of a cash refund. All orders will expire six months after the order date if we have not actively engaged with you by the one-year anniversary of your purchase date, after which you will forfeit any rights to refunds or additional services. If we are unable to process your order for any reason beyond our control, we reserve the right to retain a processing fee. Our responsibility ends when we file documents with the appropriate government entities, and we are not liable for delays caused by those entities. You acknowledge that we incur expenses in terms of time and resources when accepting your order with the intent to fulfill it. Any abandoned orders will result in liquidated damages equal to the payment made for compensation of our service commitment to that order.

SMS and Text Message Programs

Trademark Novelty may offer certain SMS/MMS text-based services at its discretion.

Overview

We provide our users with reliable SMS communications targeted at our customer base. Our staff sends messages via a dedicated SMS short code to inform users about upcoming product launches, service updates, filing process status, and customer service notifications. All SMS communications are strictly on an opt-in basis.

Opt-In and Opt-Out Policy for SMS Communications

Users may opt-in to our SMS communications by providing consent during the checkout process or by texting YES to TRADE (87233). Message and data rates may apply, and message frequency will vary per user. To cancel SMS communications, users can text “STOP.” The service may be terminated at any time. Upon receipt of the “STOP” message, you will receive confirmation of your subscription, and thereafter, you will not receive any further SMS messages from Trademark Novelty. Users can also opt out by emailing support@trademarknovelty.com or calling our Support Center at (346) 552-9439. Consent to receive text messages is not a prerequisite for purchasing goods or services. Texts may be sent using an automatic telephone dialing system.

Help

To opt-in to SMS communications, users may provide consent during checkout or text YES to TRADE (87233). Message and data rates may apply, and message frequency will vary by user. Users can cancel SMS communications by texting “STOP.” Once we receive the “STOP” message, you will receive confirmation that you’ve been unsubscribed, and no further SMS messages will be sent. Users can also email support@trademarknovelty.com or call our Support Center at (346) 552-9439 to opt out of SMS communications. Receiving text messages from us is not required for the purchase of goods or services, and we may utilize an automatic telephone dialing system to send these texts.

Compatible Carriers

Compatible carriers may include, but are not limited to:

• AT&T
• Verizon Wireless
• Sprint
• T-Mobile
• U.S. Cellular
• Boost Mobile
• MetroPCS
• Virgin Mobile
• Cricket

Trademark Novelty and T-Mobile are not responsible for delayed or undelivered messages.

Privacy Policy

Trademark Novelty recognizes the significance of user privacy. For more information, please visit our Privacy Policy page.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within Los Angeles County, California, for the resolution of any disputes arising from this Agreement. If any provision of this Agreement is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect, with the unlawful or unenforceable provision deemed modified to the minimum extent necessary to make it lawful and enforceable. No waiver of any term of this Agreement shall be deemed a continuing waiver or a waiver of any other term, and any failure by Trademark Novelty to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

Trademark Novelty may assign or transfer this Agreement, in whole or in part, at any time, without prior notice to you. You may not assign or transfer this Agreement, or any of your rights or obligations under this Agreement, without our prior written consent. Trademark Novelty shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any cause beyond Trademark Novelty's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Trademark Novelty as a result of this Agreement or your use of the Website. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon delivery to the respective parties. Notices should be sent to the email address specified in this Agreement or the physical address provided by Trademark Novelty. This Agreement, along with any policies or operating rules posted by Trademark Novelty on the Website, constitutes the entire agreement between you and Trademark Novelty regarding the use of the Website and supersedes any prior agreements or understandings.