Welcome to The Trademark Source website. The use of this site will act as an acknowledgment of the terms set forth on this page. The terms and conditions may change from time to time without providing notice. If you are unable to comply with these terms, please do not use this site.
- Representation: The Trademark Source is a Law Firm assisting clients in the understanding of trademark law. Our site contains services requiring the submission of information and documents in template form; however, the mere submission of said forms will not create an attorney client relationship.
- Intellectual Property: The information contained in this site is owned by The Trademark Source and is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to duplicate, upload, display, perform, transmit, republish, or reproduce any materials obtained through this website. The Trademark Source name and logo are service marks and shall not be used without express permission.
- Termination: We may terminate this Agreement and your license to use this website and our services at any time and for any reason. The Trademark Source has sole discretion to refuse service to anyone and is not liable for any damages or loss which may result from our refusal to provide services.
- Choice of law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to any choice of law principles. Disputes arising hereunder shall be subject to the exclusive jurisdiction of the state courts of New York.
- Payment of fees: Money paid to The Trademark Source is deposited into an IOLTA trust account until fees are earned per the terms and conditions of a particular service that you elect. You acknowledge that payment of fees must be made contemporaneous to any service performed. When services are performed by The Trademark Company, despite the outcome of said service, the fees have been earned.
- No Resale of Services offered on this site: You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of our Services.
- No Guarantee of Results – The Trademark Source makes no guarantees about the outcome of the requested service(s). We strive to uncover any and all potential rejections sent by the USPTO, but the issuance of federal registration is subjective and the examiner may find a rejection beyond the scope of our control.
- Complete attorney representation: Our use of the phrase “complete attorney representation” encompasses a thorough search of federal, state and common law sources, filing of the application, and responses to all office actions. The registration service does not include responses to third party objections or appeals or any other service not expressly mentioned in the description of the service offerings.
- Submission of information to The Trademark Source: You agree that you are responsible for submitting accurate information to The Trademark Source. The Trademark Source will use your information to perform the requested service and shall not be held responsible for any errors or omissions in your report.
- Warranty and Indemnification: You represent and warrant that your use of the content and materials contained therein, as well as information or materials received from The Trademark Source attorneys will at all times comply with applicable laws, rules, regulations and this Agreement. You agree to defend, indemnify and hold harmless The Trademark Source, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding The Trademark Source harmless.
- Disclaimer: This site and all materials provided on this site are provided on an “as is” basis and The Trademark Source expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Further, we make no representations whatsoever about other websites which you may access through our site.
- Limitation of liability: The Trademark Source may periodically change, remove, or add material to this website without notice. This material may contain technical or typographical errors. The Trademark Source does not guarantee its accuracy, completeness or suitability. The Trademark Source assumes no liability or responsibility for any errors or omissions in the content of this web site. Your use of this web site is at your own risk. Under no circumstances shall The Trademark Source or any other party involved in the creation, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of this website. In no event shall The Trademark Source be liable for any special, indirect or consequential damages relating to this material, for any use of this website, or for any other linked website.
TRADEMARK SERVICES
Research: Our trademark search service, either by itself or in conjunction with our registration service, includes a comprehensive search of federal, state and common law sources. If our attorney finds a conflict with the mark or the mark lacks the necessary distinctiveness for registration, you will have 60 days to submit a new mark for use in the complementary secondary search. The new mark can be a logo, word mark, slogan or any other source identifier.
Our attorneys have extensive experience in trademark clearance but, given the subjective nature of an examiner’s opinion, we make no guarantees that our clearance will result in registration.
This service is designed for businesses looking to check the availability of proposed marks before committing to any particular mark. You will have 14 days, from clearance of your mark, to sign-up for our full registration service for an additional $646 plus government fees.
Registration: After performing a trademark search for your proposed mark, a trademark specialist will call you to verify your information and discuss the expectations of your requested service. We will also discuss the results of our search and answer any questions you may have.
If the specialist finds a conflict with another mark, you will have 60 days to submit a new mark for registration at no additional cost. If both searches reveal a conflict with another trademark, your $275 filing fee will be refunded; however, your trademark registration fee is non-refundable.
If either your first or second trademark search reveals a problem due to a lack of distinctiveness, you have three options for proceeding with your application: use of our complimentary secondary search (for first search refusals), amend the application to seek registration on the supplemental register, or request a refund of your $275 filing fee.
The USPTO filing fee for trademark registration is $275 for a TEAS application and $225 for a TEAS Plus application. If we are able to use the TEAS Plus system for you filing, The Trademark Source will still charge $275, of which $225 will be used for the filing fee and the remaining $50 will be earned by The Trademark Source.
If an office action issues for ANY application submitted by The Trademark Source, we will respond to the office action at no additional cost. This includes both procedural and substantive office actions. If the examiner maintains a final decision on the office action, appeals will not be included in the cost of the registration and may be sought on an hourly fee basis. The registration service does not include responses to third party objections.
ENFORCEMENT AND PROTECTION
The Trademark Source represents clients throughout the United States on a variety of trademark issues in federal court, state court and the Trademark Trial and Appeal Board. Our attorneys are licensed in Florida and New York, as well as multiple federal districts. Our enforcement and protection service is typically conducted on an hourly basis but flat fee and contingency fee representation may also be available.
