Terms & conditions

By using this website or ordering a service, you agree to these terms. If you do not agree, do not use the site. In these terms “we” and “us” mean Defend Your Trademark LLC, and “you” means the person or entity ordering the service.

1. What we provide

We provide software-assisted and administrative filing support. Specifically, we prepare, classify, format and submit trademark and copyright applications and related filings to the USPTO, the US Copyright Office and online platforms, on your instruction and using the information you supply, and we track those filings and report their status to you.

We are not a law firm. We do not provide legal advice, legal opinions, legal representation or attorney referrals, and we do not act as your attorney. No attorney-client relationship is created by using this site or purchasing a service, and no communication with us is protected by attorney-client privilege. Where a matter requires legal advice or representation — including oppositions, cancellations, infringement disputes and litigation — you should retain a licensed attorney.

We are an independent private company and are not affiliated with, endorsed by or associated with the USPTO, the US Copyright Office or any other government agency.

2. Your responsibilities

• You are responsible for the accuracy of everything you give us — the mark, ownership details, entity name, addresses, dates of first use, descriptions of goods and services, and specimens. We rely on it and do not independently verify it.
• You confirm you have the right to use and register the mark or work you ask us to file, and that filing it will not knowingly infringe a third party’s rights.
• Trademark filings carry declarations signed under penalty of perjury. Providing false information can void a registration and carries legal consequences that fall on you, not on us.
• You are responsible for reviewing and approving the draft application before submission and for responding to us in time to meet government deadlines.

3. Fees and government charges

• Our service fee is stated at the point of purchase and covers our work only.
• Government filing fees are set by the USPTO and the US Copyright Office, are charged separately, are payable per class or per work, and are not included in our prices. Government fees are non-refundable once a filing is submitted, whatever the outcome.
• Government fees can change without notice. If they change between your order and your filing, the amount payable changes accordingly and we will tell you before filing.
• All fees are in US dollars.

4. Refunds and cancellation

• Cancel before we begin preparation and our service fee is refunded in full.
• Cancel after preparation has begun but before submission and we refund our service fee less work already performed, assessed reasonably.
• Once a filing has been submitted, our service fee is non-refundable, as is the government fee.
• A refusal, objection, opposition or abandonment does not entitle you to a refund. We are paid for preparing and filing the application, not for the government’s decision on it.

5. No guarantee of outcome

Registration is decided by the examining office, not by us. We make no representation or warranty that any application will be approved, published or registered, that a search will identify every conflicting mark, or that a takedown notice will result in removal. Search results reflect information available at the time of searching from the sources searched.

6. Deadlines

Government deadlines are strict and many cannot be extended. We will notify you of deadlines we are aware of in relation to matters we are engaged on, but you remain responsible for your own filings and dates. We are not liable for a missed deadline where you did not instruct us in time, did not supply required material, or did not forward correspondence you received from the government.

7. Intellectual property in this site

The content, layout, design and code of this website are owned by Defend Your Trademark LLC and may not be copied, scraped or reproduced without permission. The Defend Your Trademark name and logo are our marks and may not be used without written consent. Nothing on this site grants you a licence to any third-party mark referred to.

8. Acceptable use

You agree not to use this site to submit false information, to attempt unauthorised access, to interfere with its operation, to scrape it in bulk, or to submit automated form entries.

9. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these terms or any service is limited to the amount of the service fee you paid us for the specific service giving rise to the claim, excluding government fees. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business or loss of trademark rights. Nothing in these terms excludes liability that cannot lawfully be excluded.

10. Indemnity

You agree to indemnify us against claims, losses and reasonable costs arising from information you supplied being inaccurate, from your use of a mark, or from your breach of these terms.

11. Third-party services

We use third-party providers for hosting, payments, email and search data. Their availability is outside our control and we are not liable for interruptions caused by them or by the USPTO’s own systems.

12. Privacy

Our handling of your information is described in the Privacy Policy, which forms part of these terms. Note in particular that filings become public records.

13. Changes to these terms

We may update these terms. The version in force for your order is the version published when you placed it. Continued use of the site after an update means you accept the updated terms.

14. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute, and you consent to that jurisdiction and venue. Before filing any claim, you agree to contact us at support@defendyourtrademark.com and allow thirty days to resolve the matter informally.

15. Severability and entire agreement

If a provision is found unenforceable, the rest remains in effect. These terms, together with the Privacy Policy and Disclaimer, are the entire agreement between us regarding the services.

16. Contact

Questions about these terms: support@defendyourtrademark.com.

See also our Privacy Policy and Disclaimer.