- Free Trademark SearchLanguage
Current as of January 1, 2023
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.
The Basic plan, managed by experienced trademark attorneys, includes the preparation and filing of your trademark application with the United States Patent and Trademark Office (USPTO). It also covers a search of the U.S. trademark database for direct conflicts and same-day email updates on your trademark status.
The Standard plan, our most popular option, includes all services in the Basic plan plus a Cease and Desist Letter with instructions, a Trademark Assignment Contract, and an AI-powered comprehensive trademark search. These additional features provide enhanced protection and enforcement for your trademark.
The Attorney Plus plan offers the most comprehensive trademark services, including all features of the Basic and Standard plans. Additionally, it provides telephone consultations with your attorney before and after filing to address any questions or concerns, as well as free lifetime docketing to remind you of your trademark renewal date in five years.
As Law Firm offers flat-rate services, unlimited access to telephone consultations with an attorney is not available. Like other professional service providers, your assigned attorney is not available for on-demand phone calls, and scheduling a call in advance is required via our website. Free telephone consultations are exclusively included with the Attorney Plus plan, where clients are entitled to two 15-minute calls, limited in scope to the trademark Law Firm was hired to work on. For Basic and Standard plan clients, one 15-minute attorney telephone consultation is not included unless otherwise specified; however, paid consultations are available at the attorney's standard hourly rates, which are displayed on the attorney's scheduling page. Additional pre-paid consultations may be scheduled as needed. Law Firm serves clients across multiple time zones, and attorney availability may not align with your preferred hours or business schedule. Refunds or discounts on Law Firm service fees are not provided if a telephone consultation is not utilized. Email remains the primary mode of communication, and clients may contact Law Firm at hello@markavo.com at any time at no additional cost. All calls must be scheduled in advance on our website and are restricted to the trademark matter Law Firm was engaged to handle.
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.
Filing fees are invoiced and must be paid in full before Client trademark application will be filed. The USTPO standard filing fee is $350 per class of goods or service but Law Firm charges $450 in government fees per class of goods or services for every trademark application. This is regardless of whether you qualify for a lower $350 rate directly with the USPTO. The trademark office charges $550 per class for applications that use free form descriptions of goods and services. In order to qualify for the $350 rate, the trademark office requires that descriptions of goods and services come directly from the Trademark ID manual. Free form descriptions require approximately 30 minutes less attorney processing time than applications that adopt the Trademark ID manual so we charge for the extra attorney time required to qualify for the discounted fee. Our surcharge still results in you saving $100 in government fees per class compared to paying the $550 free form text government fee.
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.
