Website Terms of Service
Last Modified: August 13, 2022
IF YOU ARE VIEWING THE FOLLOWING AGREEMENT PRIOR TO REGISTERING ON WWW.TRUSTTREETRADEMARKS.COM (THE “WEBSITE”), PLEASE NOTE THAT THE FOLLOWING AGREEMENT IS FOR INFORMATIONAL PURPOSES ONLY AND WILL ONLY BECOME EFFECTIVE UPON ALL OF THE FOLLOWING CONDITIONS BEING MET:- YOUR REGISTRATION ON THIS WEBSITE; AND
- YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND
- YOUR RECEIPT OF NOTICE FROM TRUST TREE LEGAL, P.C. THAT WE ARE WILLING TO PROVIDE LEGAL SERVICES TO YOU AND ENTER INTO THIS AGREEMENT.
Importance of Review of this Agreement
It is crucial that you carefully review all terms included in this Agreement. If you are uncertain about the meaning of any aspect of this Agreement or wish to discuss the Agreement, you may contact Trust Tree by email at info@trust-tree.com.Nature and Scope of the Services to Be Provided
Trust Tree provides unbundled legal services. This means that the legal services provided by us only extend to those services that you have requested and purchased, and we have provided. After you have purchased a service, and we have agreed to provide it and have completed the work, you cannot expect us to perform legal services in any additional capacity. We will provide you with adequate notice of the scope of our relationship and what services will be provided. We will not provide any services that we do not specifically inform you will be provided. For example, if we assist you with the filing of a federal trademark application, it is not our responsibility to provide any other legal services after the application is filed except to serve as an attorney contact for future correspondence from the U.S. Patent and Trademark Office (“USPTO”). Likewise, after you have paid for the requested services, and we have performed them, we will not expect any further payment for the original requested legal services performed by us. As with any legal service, we cannot guarantee any legal outcome.Responsibilities of the Parties
You agree to be truthful with Trust Tree, to cooperate, to keep us informed of any information or developments which may come to your attention and to abide by this agreement. Further, while it is impossible to predict the course of a representation, it may be important for us to contact you immediately, or upon short notice, to confer with you regarding the status of your trademark matter. An inability to do so may result in your trademark matter being prejudiced and detrimentally affected. Accordingly, you agree to keep us informed of your current address, telephone number, and email address.Fees
Trust Tree agrees to perform the trademark services for flat fees. Flat fees are determined based on our experience with this type of matter and are not based on the number of hours that we expect to work, rather the relative value of the service. The flat fees will be agreed to before the work is performed. These fees are considered fully earned upon receipt and are to compensate this firm for being available to represent you, for committing time for this representation, which has precluded the acceptance of other employment, or from being precluded from taking an adversary interest or position in this matter.Confidentiality-Security-Retention of Records
In compliance with the professional rules and restrictions of the Tennessee State Bar and the Tennessee Rules of Professional Conduct, Trust Tree is bound by stringent professional standards of confidentiality. Any information received by Trust Tree from you is held in strict confidence and is not released to anyone outside of this practice, except for that information which you provide that must be disclosed to the USPTO in furtherance of any trademark services you request, unless you give informed consent or as provided for under applicable law. Client records are securely retained in electronic files, along with secure backups, for the period of years required under Tennessee law. All payments are processed by a PCI-compliant payment processor, and no credit card or payment account numbers are stored on our servers.Cancellation and Amendment
At the time of checkout, you will be provided the opportunity to review your order to ensure that it is correct and that the information you provided contains no errors. You are responsible for ensuring that the order information is correct. You must let us know by emailing us at info@trusttree.com if you wish to cancel or amend your order. Please wait for confirmation from us before assuming that we have received your instructions. If we do not confirm your instructions within a reasonable time, please contact us again. Your right to cancel or amend ends once we have begun to carry out your order. For example, where we accept your order to file a trademark application, we typically begin carrying out your order within 24 hours. In the event of cancellation or amendment, you may be liable for any costs, expenses or losses incurred in our carrying out your order including any costs or expenses arising from any contract with or instructions to third parties or agents for the purpose of performing your order. Once we have filed your application changes or additions cannot be made.Trademark Filing Fee
The USPTO filing fee for trademark applications can range from $250 to $750 per class. In order to save money for our customers, Trust Tree files using either the TEAS Standard system or the TEAS Plus system. Among other things, these require electronic communications with and responses to the USPTO. The fee you see from Trust Tree consists of the government TEAS Standard electronic filing fee of $350. If the stricter TEAS Plus system can be used for your application, Trust Tree will use this system. The TEAS Plus system streamlines the USPTO review process and has a lower filing fee of $250, but requires additional Trust Tree legal services to process. If we are able to use the TEAS Plus system for your application, Trust Tree will still charge $250, of which $250 will be allocated to the USPTO fee and $100 to a Trust Tree processing fee. The USPTO will not cancel the application or issue a refund after the application is filed. The filing fee is a processing fee that the USPTO will not refund, even if you ultimately do not receive a registration for your mark. Therefore, please review all information submitted to Trust Tree carefully prior to filing of the application.Disclaimer of Guarantee and Estimates
Nothing in this Agreement and nothing in Trust Tree’s statements to you will be construed as a promise or guarantee about the outcome of the matter. Trust Tree makes no such promises or guarantees. Trust Tree’s comments about the outcome of the matter are expressions of opinion only. You should be aware that registrability of trademarks depends on a number of factors. An examining attorney at the USPTO will review the application and may issue refusals. The most common reasons for refusing registration are because the mark is:- Likely to cause confusion with a mark in a registration or prior application;
- Descriptive for the goods/services;
- A geographic term;
- A surname;
- Ornamental as applied to the goods.
- The goods and services listed in the application;
- The description of the mark;
- The quality of the drawing;
- The specimens.