Supplemental Terms of Service for Trademark Services

Welcome to US Imports (“US Imports”) supplemental terms of service for trademark services (referred to as the “Trademark Service(s)”). Trademark Services may be sold as a standalone product or bundled with other US Imports packages.
In addition to the other US Imports terms, these Supplemental Terms of Service for Trademark Services (the “Trademark Terms of Service” or “Supplemental Terms”) constitute a legal agreement between you and US Imports detailing your use of the US Imports Trademark Services. This Agreement, and its terms, conditions, limitations and requirements, is effective as of the date you accept its terms by purchasing the Trademark Services or purchasing a package that includes Trademark Services (the “Effective Date”). Please read these Supplemental Terms carefully.

THIS AGREEMENT, THE US IMPORTS TERMS OF USE, TERMS OF SERVICE, PRIVACY POLICY AND ANY OTHER APPLICABLE TERMS, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND US IMPORTS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND US IMPORTS MAY REFUSE OR DENY USE OF THE TRADEMARK SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. These Supplemental Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Supplemental Terms, do not purchase, access or use the Trademark Services.

1. General Terms. US Imports provides an online portal to give visitors a general understanding of the law and to provide an automated software solution to individuals and businesses who choose to prepare their own legal and regulatory documents. Customer need not download or even license US Imports software. US Imports hosts its software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal and regulatory issues. The US Imports Trademark Services also include a review of your answers for completeness, spelling and for internal consistency of names, addresses and the like. 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. US Imports is not a law firm and may not perform services performed by an attorney. US Imports, its Trademark Services, and its forms or templates are not a substitute for the advice or services of an attorney.

US Imports strives to keep its documents accurate, current and up-to-date. However, because the law changes rapidly, US Imports cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind US Imports provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

This Site and Applications are not intended to create any attorney-client relationship, and your use of US Imports does not and will not create an attorney-client relationship between you and US Imports. Instead, you are and will be representing yourself in any legal matter you undertake through US Imports’ document service.

2. Review, Execution and Amendment of Legal Forms. We offer self-help “fill in the blank” forms. Once assembled, depending on the form or service(s) purchased, your signature may be required to complete the legal requirements of the form. You acknowledge that it is your responsibility to sign and/or have an authorized person sign the assembled documents when requested and prior to any signature link expiring, as applicable. We cannot and will not sign or execute any document on your behalf as it is beyond the scope of services that we provide.

It is your responsibility to review your assembled documents prior to signing the same to ensure our software or other systems have accurately inserted the information provided. Should you discover an error or need to amend any information in the assembled document(s) the following terms apply:

a. Amendments Caused by US Imports Prior to Filing.

If an amendment to a document is required prior to filing attributable to the actions of US Imports, US Imports will amend and/or re-assemble the document to the customer’s specification at no additional charge.

b. Amendments or Expired Signature Link Caused by the Customer Prior to Filing.

If an amendment to a document is required prior to filing attributable to the actions or inaction of the customer, or if a document’s signature link expires without the customer having signed the same, US Imports will amend and/or re-assemble the document subject to an additional amendment/re-assembly fee of $50 per amendment/re-assembly.

c. Amendments After Filing.

If an amendment to a document is required or requested by customer after it has been filed, US Imports’ standard product rate shall apply.

3. Cancellation and Completion of Services. You acknowledge that payment for services is required contemporaneous to the services being performed. The scope of the services performed under our packages is more fully set forth in the respective packages as described on and purchased and confirmed through the Site and other confirming correspondence.

US Imports’ services are performed at or about the time they are ordered. You acknowledge that once the services are performed, despite the outcome of said services, the monies paid for the services to US Imports have been earned. In the case of our filing package services, you acknowledge that fees are earned for these packages as of the date of performing work sufficient to complete a filing irrespective of whether the filing is ever completed. In the event US Imports performs services sufficient to complete a filing or other services, but said services cannot be fully completed due to the action or inaction of the customer or other actor, customer agrees that US Imports has earned the fees for the package ordered and that the only refund, if any, the customer may be entitled to is for government filing fees which ultimately may not have been used. Additional fees may then apply should the customer wish to move forward with the filing.

You acknowledge and agree that once an order is placed with US Imports you may only cancel the same for up to twelve (12) hours after the order has been made subject to the limitations above.

4. Trademark Search Services. All of the search services include a Federal search of the trademark database operated by the U.S. Patent and Trademark Office. The service uses a trade-secret algorithm of a third-party vendor to deliver your automated results. The service is limited to identifying potential blocking trademarks in the database which would create an impediment to the registration of the searched trademark by searching for and examining:

• Direct matches;
• Near matches and similar trademarks;
• Phonetic equivalents; and
• Translation or foreign equivalents.

Your Federal search report is then delivered to you within five (5) business days of the completion of your order including payment therefore. US Imports reserves the right to alter the delivery date of your report provided advanced notice is provided to you. Our research as to whether your trademark is available to be registered before the U.S. Patent & Trademark Office for this report is expressly limited to potential blocking trademarks existing on the database as of the date of the search. The Federal search may include up to three (3) classes of goods and services. If the search involves more than three (3) classes of goods and services additional reports may need to be purchased. The Federal search makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

For Advance search services, in addition to the Federal search this also includes a search of state trademark databases utilizing an algorithm of a third-party vendor to deliver your automated results. The service is limited to identifying potential blocking trademarks in the database which would create an impediment to the registration.

For Advance and Comprehensive search services, in addition to the Federal and state search this also includes a search of corporate names, common law and domain names utilizing an algorithm of a third-party vendor to deliver your automated results. The service is limited to identifying potential blocking trademarks in these databases which would create an impediment to the registration.

US Imports utilizes a third-party service to complete the search and generate a report. We will use our best efforts to complete and deliver the report and/or have its third-party sources perform the same. However, US Imports cannot guarantee the accuracy and completeness of such report and you hereby acknowledge that US Imports cannot be held liable or responsible for errors or omissions in the report as a result of a third-party vendor.

Please note, all searches DO NOT come with any advice, opinions or directions as to whether the results in your report vis-a-vis your legal rights in your proposed trademark.

5. Trademark Registration Services. Upon purchasing any of our Trademark Registration services, we will perform (or have a third-party perform on our behalf) a direct hit search of the U.S. Patent and Trademark Office’s database records. Our direct hit search includes a search of your exact trademark of the U.S. Patent and Trademark Office records. It does not include a search for trademarks that are phonetically similar, similar in terms of translation, or appearance by way of design.

For Basic package, you agree that should a trademark be encountered which could block the registration of your trademark in our preliminary direct hit search, upon request, we will refund you all but $99 of the monies paid for the Basic package, provided the request is made prior to submission of the trademark with the U.S. Patent and Trademark Office. Further, you agree that once your application has been assembled and forwarded to you for signature, US Imports has earned the entire fee paid for the cost of the package.

For Advance package, you agree that should a trademark be encountered which could block the registration of your trademark in our preliminary direct hit search, upon request, we will refund you all but $199 of the monies paid for the Advance package, provided the request is made prior to submission of the trademark with the U.S. Patent and Trademark Office. Further, you agree that once your application has been assembled and forwarded to you for signature, US Imports has earned the entire fee paid for the cost of the package.

For Deluxe package, you agree that should a trademark be encountered which could block the registration of your trademark in our preliminary direct hit search, upon request, we will refund you all but $149 of the monies paid for the Deluxe package, provided the request is made prior to submission of the trademark with the U.S. Patent and Trademark Office. Further, you agree that once your application has been assembled and forwarded to you for signature, US Imports has earned the entire fee paid for the cost of the package.

You hereby consent to US Imports using the email address you provided to receive electronic correspondence from the U.S. Patent and Trademark Office concerning the status of your application. For any registration which results from the submission of the application you acknowledge that the U.S. Patent and Trademark Office will mail the same directly to you or the official correspondence record for the application you provide to US Imports.

You may include up to three (3) goods or services from the acceptable goods and services manual of the U.S. Patent and Trademark Office with Trademark Registration Service, provided they are in the same class. If you would like to include more than three (3) goods and/or services or more than one (1) class, additional fees will apply.

Purchase of our Trademark Registration service does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Our Trademark Registration service does not include responding to procedural or substantive registration refusals. Further, it makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes requested by you to forms by US Imports based upon information you supplied to us, wherein you unilaterally decide to change or amend information supplied prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

6. Office Action Services. US Imports provides Office Action responses for our customers to common refusals cited by the U.S. Patent and Trademark Office as a basis for refusing registration.

Through our Simple Response, Moderate Response, and Complex Response our customers are provided with access to proprietary responses through a self-directed question and answer process based on the reason(s) cited in the Office Action letter for the refusal to register the mark with the U.S. Patent and Trademark Office. You hereby agree and understand that once you have been provided access to the proprietary responses for the purpose of responding to your office action we have provided you with the means through which to respond to the same.

Upon purchase of an Office Action Response, US Imports will assemble your response based upon the information you provide. US Imports cannot provide any advice, consultation or suggestion on your response or what should be included with such response.

You hereby agree and acknowledge that once the response has been assembled and forwarded to you for signature we have earned the entire fee paid for such service. You hereby agree and acknowledge that you must sign the response to be filed and that US Imports cannot sign the response on your behalf. In the event you do not sign the response within three (3) days of delivery, you agree and understand that such response may be rejected or withdrawn and as such you will be required to re-purchase the service. Further, if you fail to sign the response within such three (3) day period and you miss the deadline to respond to the Office Action letter, then US Imports shall not be held liable, and you hereby waive any such liability, for the failure to respond by the deadline cited in such Office Action letter.

Purchase of our Office Action Response does not guarantee that your trademark will be registered with the U.S. Patent and Trademark Office. Further, it makes no warranties that your use of the any trademark is authorized by law or cannot be challenged by potential third parties known or unknown.

Additionally, you agree that additional charges may apply to any changes requested by you to forms by US Imports based upon information you provide to US Imports wherein you unilaterally decide to change or amend information so supplied prior to the form(s) being transmitted to the U.S. Patent and Trademark Office.

7. Trademark Renewal Service. By accepting these Supplemental Terms or otherwise using our trademark renewal services to renew your federally registered trademark(s), you hereby certify the following renewal certifications:

• Unless the owner has specifically claimed excusable nonuse, the mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by the attached specimen(s);
• Unless the owner has specifically claimed excusable nonuse, the specimen(s) shows the mark as currently used in commerce on or in connection with the goods/services/collective membership organization;
• The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. § 1062(c), and is still in use in commerce on or in connection with all goods/services, or to indicate membership in the collective membership organization, listed in the existing registration;
• There has been no final decision adverse to the owner’s claim of ownership of such mark for such goods/services, or to indicate membership in the collective membership organization, or to the owner’s right to register the same or to keep the same on the register;
• There is no proceeding involving said rights pending and not finally disposed of either in the U.S. Patent and Trademark Office or in an applicable court;
• To the best of the signatory’s knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support; and
• The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

8. Trademark Revival Services. US Imports will prepare and file your petition to revive your abandoned application with the U.S. Patent and Trademark Office. Depending on the package you purchased, US Imports will also file a statement of use, an extension request or your response to an Office Action letter. By accepting these Supplemental Terms or otherwise using our Trademark Revival service to revive your abandoned trademark application, you hereby certify that the signatory to the petition to revive has firsthand knowledge that the failure to file a statement of use, extension request or response to an Office Action letter request by the specific deadline was unintentional. Office Action responses are governed by the terms and conditions listed in Section 6 above.

9. Updates to Terms. You acknowledge that US Imports reserves the right to change these Trademark Terms of Service at any time (“Updated Terms”), in its sole discretion, with or without notice. You agree that we may notify you of the Updated Terms by posting them on the Site, and that your use of the Trademark Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Trademark Services from that point forward. These Trademark Terms of Service will govern any disputes arising before the date of the Updated Terms. If you do not agree with an update, you may terminate your Trademark Services.

10. Authority to Enter Agreement. If you are entering into these Trademark Terms of Service on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or if you do not agree with these Supplemental Terms, you may not sign up for or use Trademark Services. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Supplemental Terms and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged to, require additional authentication from you. 

11. Limitation of Liability.

EXCEPT AS PROHIBITED BY LAW, US IMPORTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY AND YOU HOLD US IMPORTS AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE SUPPLEMENTAL TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE SUPPLEMENTAL TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE OR LOCAL LAWS, STATUTES, RULES OR REGULATIONS, EVEN IF US IMPORTS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF US IMPORTS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR TRADEMARK SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS PROVIDED IN THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION OF THE TERMS OF SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Updated: March 15, 2021