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Trademark Services: Terms of Purchase

Thank you for purchasing Done For You Trademark Registration!
Here’s what you need to know about your engagement of Del Grosso Law, Ltd.
Please read these terms carefully because they are a binding legal contract.
We suggest downloading a copy for your records.  

 

You are purchasing trademark registration services with the United States Patent and Trademark Office.

You agree that you are making this purchase in your capacity as a business owner and guaranteeing payment as an individual.

You will receive done for you domestic (US only) trademark registration for one mark in one class, or more if you have adjusted the order form accordingly.

You may also receive additional complimentary bonuses depending on when you purchase.

You are paying the price listed on the order form, in full, upfront, or on a courtesy payment plan.

 

What happens after you pay:

Our secure payment processor is Stripe. You’ll receive a receipt for your records shortly after purchase and your credit card statement will say: Del Grosso Law, Ltd.

Please email valerie@delgrossolaw.com if you have questions about your order.

The trademark process:

After payment, an attorney will perform an analytical trademark search to find competing marks. If none, the attorney will prepare and submit the trademark application. Information will be required from you, and we cannot submit until we receive it. 

If the attorney determines that the mark is not likely to be registered, you have 90 days to provide another mark to the attorney. The attorney will perform an analytical search to determine if this mark is registrable. If so, we will proceed. 

If you do not submit another registrable mark to the attorney in 90 days, your fee is forfeited. You understand that the substantial legal work of trademark registration occurs in the time before the application is submitted. 

You understand that the trademark office will not review the application for up to a year after it is submitted. This is not in the control of Del Grosso Law, Ltd. We will provide periodic updates. 

When the trademark office responds, Del Grosso Law attorneys will review the correspondence and schedule a call with you to discuss the results. Del Grosso Law will prepare the “office action” response for you at no additional charge. This may include abandoning the application, amending it for an additional filing fee (for which you are responsible), or other agreed upon action.

You expressly agree to the following:

The legal fee does not include engaging in or responding to third party disputes, including cease and desist/demand letters and/or trademark objections, or appealing a refusal to register by the USPTO. It does not include enforcement or monitoring of your mark. Those services may be purchased under a separate engagement for an additional fee of $400 an hour depending on availability.

However, if, during the publication process, we receive notice of intent to oppose or an opposition, information discussions in an effort to resolve the opposition without a filed reply and/or further escalation is included. There is no guaranty that the matter will be resolved without escalation, and when negotiations have ended, you will be notified. 

You expressly acknowledge that no trademark search is perfect, because infringement is somewhat “in the eye of the beholder.” We cannot completely avoid overly aggressive or inaccurate legal positions of third parties.

You also understand that occasionally the trademark office will require or recommend amendments to your application that carry fees. At this time, the fees do not exceed $250. Please allow for up to one additional fee, although this is rare. Del Grosso Law does not advance fees.

Refunds:

This purchase has a no refunds policy. In the event of a chargeback, we will file an abandonment of your trademark application and you expressly agree to this abandonment under the circumstances. If you wish to disengage Del Grosso Law, no refund will be given. We will provide a final invoice for services performed, using our hourly rate than in effect. 

If after your payment and prior to the filing of the application, the attorney finds that the mark is unlikely to gain registered status, Del Grosso Law will notify you and refund your fee, minus a $295 research fee and $150 search cost. This is an alternative to providing the attorney with another potential mark for review, noted above. 

Payment Schedule:

You will be charged on the schedule provided in the credit card authorization form.

Acknowledgment:

By completing your purchase, you acknowledge and agree that you have read these Terms of Purchase, our Privacy Policy, Terms of Use, any terms on the order form, and Disclaimer (available at delgrossolaw.com), as they may be amended from time to time.

Disclaimer:

There is no guarantee that the USPTO will register a trademark and you acknowledge that no one has promised otherwise. You understand that if the trademark office does not register your mark, the filing fee and attorney fee is non-refundable.

Waiver of liability and Governing Law:

This contract is governed by the law of the State of Nevada, without regard to its conflicts of laws principles. You agree without reservation to personal jurisdiction in the Nevada courts in the event of dispute concerning this agreement or your use of this program. If you file suit against us in a state other than Nevada, you agree that this clause means your case is subject to automatic dismissal for lack of personal jurisdiction.

THIS SITE, PROGRAM, AND SERVICES INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THIS PROGRAM, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

DEL GROSSO LAW, LTD. ITS AFFILIATES, OWNERS, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE PROGRAM, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PROGRAM, SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN ANY EVENT, IF DAMAGES OF ANY TYPE ARE AWARDED, THEY ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.

Your state may not allow limits on warranties. If so, these do not apply to you, and the remainder of this agreement is in effect.