Prime Trademark Services 

A Service of Prime Trademark Services, PLLC

Terms of Use and Service

Please read these terms of use carefully before using this site.

www.primetrademarkservices.com (the “Site”) is a website operated on behalf of the law firm Prime Trademark Services, PLLC, dba Prime Trademark Services (the “Firm”, “We”). By using this Site, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. It is your responsibility to review these Terms of Use and Service periodically, and if at any time you find any of the terms unacceptable, please do not use this Site.

You agree that by using this service you are at least 18 years of age, and you are legally able to enter into a contract.

Please also refer to our Privacy Policy, which is incorporated by reference herein.

Engagement Agreement

Welcome, and thank you for using Prime Trademark Services. Please read this Engagement Agreement and all other agreements and policies referenced herein in its entirety. These agreements and policies are collectively referred to as the “Terms of Service” (or “Terms”). Please read the following carefully before using the Site operated by the Firm, as these Terms contain important information regarding your legal rights, remedies, and obligations. Set forth below are various limitations and exclusions, a binding arbitration agreement, and a class action waiver.

This User Agreement (“Agreement”) is a contract between you (“You,” “User,” “Client,” “Prospective Client,” or “Trademark Owner”), the Firm, and affiliates to the extent expressed throughout this Agreement. Please read, agree to, and accept all of the terms and conditions contained herein in order to become a User of the Site and the rest of the Site or the Site Services as defined in these Terms of Use and Service.

This Agreement includes and hereby incorporates by reference all previously accepted agreements made by accessing this Site and/or its services, including your agreement to be bound by the terms and conditions set forth herein. This Agreement also hereby incorporates the following important agreements: These Terms of Use and Service; Engagement Letter and Attorney-Client Fee Agreement; Debit/Credit Card Authorization Agreement; Privacy Policy; Cookie Policy; Trademark Use Guidelines; Proprietary Rights Infringement Reporting Procedures; the Site, Cloud, Mobile & Desktop App; Software License Agreement; API Terms of Use; and the Client IOLTA Trust Account instructions as applicable. Please note that these agreements may be modified from time to time, and it is suggested that you periodically check for these updates. This Agreement further incorporates the Firm Watch Subscription Terms, the Firm Subscription Terms, and RAPC Retainer Deposit Instructions for any User accessing the Firm Watch Subscription Service. These agreements are collectively, with this Agreement, referred to as the “Terms of Service.”

Subject to the conditions set forth herein, the Firm may, at its sole discretion, amend this Agreement and other Terms of Service at any time. In the event that a revised version is posted on the Site, the Firm will provide reasonable advance notice of the amendment by either posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending notice by email. If the amendment includes an increase of fees charged by the Firm, the Firm will provide a notice of at least 10 days in advance. However, the Firm may not provide any advance notice for changes resulting in a reduction in fees or any temporary or promotional fee change. Any revisions to the Terms of Service will take effect on the noted effective date (the “Effective Date”).

By agreeing to these Terms, you fully understand that by using the Site and/or services herein incorporated, you agree to be bound by these Terms of Service, including the Arbitration Provision set forth in Sections 19-20 of this Agreement (subject to your right to opt out). If you choose not to accept the Terms of Service in their entirety, you must refrain from accessing or using the Site and/or its services after the Effective Date. 

As either an individual, on behalf of an entity or agency, or in connection with providing and/or receiving services on behalf of an individual, entity, or agency, you warrant that you are an authorized individual thereby having the authority to bind said individual, entity, or agency to the Terms of Service. Furthermore, by agreeing to the Terms of Service, you are effectively binding both yourself and said individual, entity, or agency to these Terms. 

Terms of Service

You affirm, represent and warrant that you are the owner of the Prospective Trademark or are authorized by the owner of the Prospective Trademark (the “Client”) to engage a law firm for representation regarding the process contemplated herein (the “Matter”). The Client understands that the law firm of Prime Legal Services, P.C., dba Prime Trademark Services (the “Firm”, “We”) in the United States is solely representing the Client in the Matter, provided, however, that such representation is expressly contingent on the Firm approving the representation of the Client in the Matter. This requires, among other things, that both the Client and the Matter pass the Firm’s conflict clearance check. The Firm is the sole owner of the Site. The Client understands that the Firm’s representation is expressly limited to the Matter and does not extend to any other legal services. Moreover, the Firm’s Client in the Matter is solely the specifically identified Trademark Owner. For natural persons, this means that the Firm’s Client is the natural person only. For Trademark Owners who are other than natural persons, such as a business organization, corporation, partnership, joint venture, or other entity, the Firm’s Client is that organization only, and not any of the organization’s officers, directors, employees, shareholders, or corporate affiliates. 

By entering into this Agreement, Client understands that the Firm’s representation extends only to the Client and not to any other person or entity, including but not limited to any officers, agents, employees, attorneys, managers, directors, partners, or any other person or entity that may be related to the Client, however, and wherever formed. Client understands that it is the Client’s obligation to disclose to the Firm any entities that they believe are related to the Client for which a conflict check is requested, such as companies and LLCs that they own, are members of, are officers of, or have a beneficial interest in. Failure to affirmatively disclose such entities within one (1) business day after entering this Agreement by the Client constitutes a waiver of any and all rights related to any conflict of interest claims the Client may later seek to raise. This Agreement shall not be read as to invite or create an attorney-Client relationship, either express or implied, with anyone other than the Client.

You warrant, on behalf of the Client, all of the following:

Client understands that these Terms of Service will serve as an Engagement Letter and an Attorney-Client Fee Agreement with the Client only after (1) You indicate your acceptance to these Terms on the Site either by clicking a checkbox or by agreeing to these Terms by clicking the “Agree” button required to complete this workflow as a prerequisite to arrive at the payment page; and (2) it is accepted by the Firm, including after a successful conflict check has been completed. Client and Firm understand and agree that any and all disputes arising from this Agreement will be resolved through private binding arbitration rather than litigation as described herein. Client fully understands that in order to best protect the interests of the Client, the Firm will handle any Client funds in accordance with applicable Rules of Professional Conduct, including, if necessary, the deposit of any funds paid in advance for all United States legal services into an IOLTA escrow trust account until the Firm accepts the representation, a conflict check is performed and cleared, and the law firm fees have been earned or expenses incurred.

If You subscribe to the Firm’s Watch Subscription services, You understand that Watch Subscription is a recurring service offered by the Firm and which automatically renews every month. Client understands that the Client may cancel Watch Subscription services at any time by simply logging into the Site and canceling the service, by contacting the Firm at any time at:

[email protected]

The Firm’s address for any correspondence is as follows:

Prime Trademark Services 

4505 S. Wasatch Blvd., Ste. 270

Salt Lake City, Utah 84124

Email: [email protected]

The Client understands that if the Client decides to file a trademark application, the application shall be filed with the United States Patent and Trademark Office (“USPTO”) only and represented by U.S. licensed attorneys at the Firm in the United States. The Client understands that the scope of representation is limited to representation for the specific services purchased by the Client, but in no instance shall exceed the date the mark registers. The scope of registration does not include any post-registration services relating to the trademark unless the Client has specifically hired the Firm to perform such post-registration services. Absent an agreement in writing to the contrary, the Firm’s representation in the Matter shall terminate 60 days after the Prospective Trademark has become registered by the USPTO or abandoned; however, Client may terminate the Firm’s representation in the Matter at any time, subject to the Client’s obligation to pay fees or expenses due or incurred during the representation, and Firm may terminate the Firm’s representation sooner, to the extent permitted by the Rules of Professional Conduct governing the representation. 

In addition, representation in the Matter will end automatically in the event that the Prospective Trademark is assigned to a different trademark owner other than the Client. In the event that the Trademark is later assigned to a different owner by the Client or assignees, the Client understands that the future owner will not be a Client of the Firm unless a separate Engagement Letter is entered between the Firm and any such future owner. Representation in the Matter will also end automatically in the event that the Prospective Trademark is assigned to a different attorney of record for the Matter with the USPTO other than the Firm. In the event that the Trademark is later assigned to a different owner by the Client or assignees, the Client understands that the future owner will not be a Client of the Firm unless a separate Engagement Letter is entered between the Firm and any such future owner. 

You warrant on behalf of the Client that the Client understands, gives consent, and gives Power of Attorney to the Firm to represent the Client on the Matter before the USPTO based on the Firm’s acceptance of the representation and clearance of the Firm’s conflict check process. 

The Client understands that the Client must communicate confidential information only through the licensed attorney with whom the Client has an attorney-Client relationship at the Firm. The Client understands that attorneys at the Firm are able to advise Clients only on federal U.S. legal issues and/or state law questions in states in which the attorneys are licensed.

Client understands that, from time to time, the Firm may hire licensed attorneys on a fixed-fee contractual basis to assist internal attorneys employed by the Firm in the initial review of new trademark filings, the initial review of statements of use, and in the initial preparation of Office Action responses when business circumstances warrant (e.g., peak season overload, quality improvement, preparation time reduction) at the Firm's sole discretion. The Firm will verify that any attorney the Firm chooses to hire on a contractual basis is licensed and in good standing with the State Bar in which they are licensed. Further, the Firm will ensure that any licensed attorney hired as a contractor to the Firm signs a confidentiality agreement with the Firm for all work product produced for review and final approval by internal attorneys employed by the Firm and agrees to follow all USPTO ethical rules. 

The Firm may refund or offer satisfaction credit for non-legal services that have not been completed upon the Client’s request in email or writing only, and such a request must be made to [email protected] within 5 calendar days of purchase. The Client understands that any purchase of non-legal services he/she orders from the Firm is final, and no refunds will be issued once the service has been completed. After 5 calendar days, no refunds will be given for such orders, and all such sales are final. When requesting a refund, Client agrees to make clear who such refund should be sent to, and, if applicable, who to make a check payable to, proof of authority to speak on behalf of the purchaser or proof of identification as the purchaser, as well as provide the address to which any check may be mailed. The Client agrees to accept a check for any refund provided and that he/she will notify the Firm of the Client’s request in writing for a refund within 5 days of purchase.

Scope of Trademark Rights

The Client understands the rights granted by a U.S. trademark extend only throughout the territory of the United States and have no force or effect in any foreign country. The Client understands that almost every country has its own trademark laws, and if the Client desires a trademark in a particular country, it/he/she must make an application for the trademark in that country or otherwise qualify for such trademark rights in accordance with the requirements of that country. Client further acknowledges and waives any conflicts between marks secured by third parties using the technology of the Firm in foreign countries in which the Client has not registered the Client’s trademark.

Scope of Representation: Firm’s Terms of Engagement

These Terms of Service and Representation Agreement ("Agreement") are entered into by and between the Firm and the Client. This Agreement becomes effective after the Firm accepts a request for legal services on behalf of the Client in the Matter. The Client requests the services described below, and the Firm will only provide those services in the Matter pursuant to these Terms of Use and Service. The scope of the representation is limited only to the U.S. trademark matter for which specific legal services were requested (the “Matter”). Any additional services beyond the scope of the Matter require a new written terms of service and representation agreement before the Firm will agree to provide any such additional services. 

Client hereby understands, gives consent, and gives Power of Attorney to the Firm to represent Client in the Matter before the United States Patent and Trademark Office (the “USPTO”), but only once the Firm has conducted a successful conflict check and has otherwise agreed to form an attorney-Client relationship with the Client. No implied relationship is formed, and acceptance by the Firm of the attorney-Client relationship is required in order for an express attorney-Client relationship to be formed, the terms of which shall be governed by this Agreement.  Before engaging the Client, the Firm shall notify the Prospective Client of any discovered conflict of interest and shall promptly return any advanced payments made by the Prospective Client to the Prospective Client, after which the Prospective Client should seek other legal representation.   

The Firm is an intellectual property law firm with an office in Salt Lake City, Utah. The Trademark Owner understands that the Firm’s representation is contingent upon the Firm accepting this request for legal services in the Matter, which includes clearing the Firm’s conflict check process. Once the Firm accepts the representation, the Trademark Owner will become the Client of the Firm for the Matter. Until that time, the Trademark Owner will only be a Prospective Client of the Firm. The Firm shall notify the Prospective Client of any discovered conflict of interest and, in such case, will return any advanced payments made by the Prospective Client to the Prospective Client.

1. Limited Scope of Service

The Client retains the Firm to prepare and file a trademark application based on the information given to the Firm by the Client electronically through the Site. In addition to this, the Client retains the Firm to provide a single phone consultation of up to fifteen (15) or thirty (30) minutes, as the case may be, (“Limited Scope of Services”) described on the Site, at the Client's request. In addition, the Client retains the Firm to provide additional services which may include:

An initial email to the Client that confirms the information electronically provided by the Client;

Suggestions on how to emphasize what the Client believes to be the trademarkable aspects of the Client's mark submitted through the Site;

Answers to the Client’s basic federal trademark law questions;

Suggestions on how to use trademark search results;

Answers to why the Client may want to obtain a trademarkability opinion based on the Client’s trademark search results;

A brief explanation of the advantages and disadvantages of filing an intent-to-use trademark applications;

Answers to the Client's questions of whether a federal trademark or other types of federal intellectual property protection is appropriate for the Client;

Suggestions on how to proceed to protect the Client’s business name through federal trademark protection; and

A summary of consultation in the email to the Client if the Client requests it.

Therefore, and as examples only, EXCLUDED from the Limited Scope of Services are:

Discussion on state trademarks and/or state law;

Assessment of common law rights by others that might preclude the Client from securing common law rights or acquiring federal registration;

Responses to Office Actions from government agencies;

Responses to Cease and Desist challenges from Parties disputing ownership;

Responses to Opposition proceedings against the Client’s trademark;

Negotiating coexistence agreements whereby two trademark owners agree to use their similar marks.

Review, analysis, and formal opinion of prior art or trademark search results;

Appeals to the Trademark Trials and Appeals Board (the “TTAB”);

Assessment of originality of mark;

Assessment of ownership;

Assessment of the likelihood of confusion challenges;

Assessment of statutory and court-sanctioned bars to trademarkability;

Assessment of the value of a mark; 

Infringement of trademarks owned by others; or

Examination and assessment of any of the Client’s previously filed trademarks and any recommendations thereto.

The Client may retain the Firm to provide all or some of the excluded services under a separate Engagement and Fee Agreement.

2. Service Fees/Costs

For the Limited Scope of Services, and prior to the commencement of services, the Client agrees to pay the Firm the charges described herein.

Furthermore, the Client expressly agrees that the Firm's fees are earned once any one of the following conditions listed below are met:

The Firm has conducted a preliminary review of the filing information submitted by the Client;

The Firm has sent correspondence to the Client regarding any issues related to the preparation of the Client's pending trademark application order, including but not limited to requests for Proof of Use, changes to the Identification of Goods and/or Services, and results of a Direct Conflict search;

The Client utilizes any of his or her allotted phone consultation time with the Firm; or

The Firm commences any of the Limited Scopes of Services outlined in the Limited Scope of Services section.

For any services requested by the Client beyond those expressly provided and paid for by the Client (“Additional Services”), the Firm charges standard fixed fee rates and/or hourly fees based on the type of matter and other considerations for which fees are calculated based on the standard rates of the attorneys and paralegals of the Firm that perform services on the Client’s behalf.  For any and all Additional Services or additional costs incurred by the Firm on behalf of the Client, the Client expressly grants the Firm the right to charge any payment method previously provided by the Client.

The Firm’s services and obligations to perform services shall be limited to the specific services requested by the Client and expressly agreed to by the Firm and nothing more. Each package of services offered by the Firm are expressly limited to the expressly enumerated services.  Unless agreed to by the Firm in writing and for an additional fee, all trademark filings shall be for Word Marks only (i.e., marks consisting of standard letters and/or numbers without stylization and not including any logos or design elements) for a single International Class of goods or services.  

For the Prime Basic Package, the extent of the Firm’s obligations terminate upon the successful filing of the requested U.S. trademark application.  The Client’s email address shall be provided in the trademark application so that the Client will receive any communication from the USPTO. The Client shall be solely responsible for timely responding to any such correspondence and/or meeting any deadlines whatsoever. The Firm bears no responsibility or obligation to the Client, and its relationship with the Client terminates, upon the successful filing of the trademark application.  

The following packages for trademark-related legal services are currently offered:

Prime Basic Service Package includes and is limited to:

·               U.S. intent-to-use trademark application preparation and filing in one International.

·               One fifteen (15) minute Zoom call with licensed trademark attorney.

·               Email reminders of any deadlines affecting your trademark application.

Prime Elite Service Package include and is limited to:

·               U.S. federal trademark search of pending and registered trademarks filed with the United States Patent and Trademark Office.

·               Search report with detailed list of most relevant marks.

·               U.S. intent-to-use trademark application preparation and filing in one International Class

·               One fifteen (15) minute Zoom call with licensed trademark attorney.

·               Email reminders of any deadlines affecting your trademark application.

Prime Ultimate Service Package includes and is limited to:

·               U.S. federal trademark search of pending and registered trademarks filed with the United States Patent and Trademark Office, plus searches of common law trademarks on the Internet, on social media, in domain names, and in relation to web images.

·               Search report with detailed list of most relevant marks plus a risk assessment and filing recommendation from licensed trademark attorney.

·               U.S. intent-to-use trademark application preparation and filing in one International Class.

·               Up to 30 minute Zoom call with licensed trademark attorney.

·               Email notifications of deadlines regarding your trademark application. 

§     A second trademark search for a second mark if a conflict is found during search of the first mark. 

§     A second U.S. intent-to-use trademark application preparation and filing in one International Class (not including gov’t filing fee) if first mark receives a final refusal to register from the USPTO.

The Firm may from time-to-time offer additional or other Services, each of which shall be covered by these Terms of Use and Service. 

3. Cancellation Policy

The Limited Scope of Services may be canceled by the Client prior to the time the Firm commences work on the Limited Scope of Services. Service fees are non-refundable any time after the Firm commences the Limited Scope of Services unless the Rules of Professional Conduct dictate differently. In certain instances where we are unable to complete the legal services, we may offer a prorated refund based upon the legal services provided. All USPTO filing fees are non-refundable once paid by the Firm. 

In any event, any and all refund requests must be submitted within five (5) days of the original payment date to Customer Service or to the Attorney assigned to your case.

4. No Guarantee

a.         The Firm has made no representations, promises, warranties, or guarantees to the Client, expressed or implied, regarding the outcome of the Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty, or guarantee.

b.         Client understands that the time limitation for the Limited Scope of Services could be disadvantageous to the Client. For example, the Firm cannot and does not make any representation that all of the Client's questions can be fully explored and/or discussed. Therefore, important aspects of the Client's business interests, such as the likelihood of challenges by other parties and/or the Client's situation, may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.

c.         Client understands that the Firm is available for a supplemental consultation if the Client believes that the Limited Scope of Services was insufficient for the Client's needs.

d.         Client understands that the Firm cannot file an Office Action response and/or Statement of Use and/or Renewal on their behalf if the time limit given by the government has expired, the request is made within seven (7) days prior to the deadline set forth by the government (and the firm does not have enough information to make a filing), or filing such would violate law or ethics rules. In such instances, if an Office Action response and/or Statement of Use and/or Renewal request is made by the Client after the time limit given by the government has expired, the Client hereby authorizes the Firm to file a Petition to Revive the trademark application if such an option is still available and to charge the applicable government fee associated with a Petition to Revive to the payment information provided by the Client. If the option is no longer available, the Firm will advise the Client to refile that Trademark Application or refund the IOLTA funds related to such a request to the Client subject to the Cancellation Policy mentioned under section 3.

5. USPTO Filing/Public Information

Once the Client’s application is submitted, the Client understands that the USPTO will not cancel the filing or refund fees paid. The government filing fee is a processing fee, which is not refunded even if the USPTO cannot issue a registration after a substantive review. This is true regardless of how soon after submission the Client might attempt to request cancellation of the filing. Therefore, the Firm requests that the Client review all information submitted to the Firm carefully prior to submission.

All information submitted to the USPTO at any point in the application and/or registration process will become public record, which may include the Client’s ownership name, phone number, email address, and/or mailing and street addresses. By authorizing the Firm to file the application, any response, or submission to the USPTO, the Client acknowledges that the Client has no right to confidentiality in the information provided. The public will be able to view this information in the USPTO’s online database, through internet search engines, and through other online databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, canceled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, the Firm and the USPTO permission to make the information public in its online database and in copies of the application or registration record.

6. Consent to Firm for Changes and/or Discretion

The Client agrees and authorizes the Firm to make changes to the Client's trademark application for the purpose of facilitating registration of the Client's trademark application in accordance with applicable law. These changes include but are not limited to the following:

·               The identification of goods and/or services including classes and descriptions provided by the Client for legal accuracy.

·               Any changes proposed by the USPTO overseeing the Client's trademark application including but not limited to disclaimers, translation statements, drawing descriptions, and changes to the identification of goods and services.

7. Proof of Use/Specimens

All trademark applications shall be filed as a Section 1(b) intent-to-use application.  In limited circumstances and for an additional fee, the Firm may approve in writing the filing of the trademark application under Section 1(a) for an in-use-based application.  When a Statement of Use is required to obtain the registration and the Firm is authorized by the Client to proceed with the preparation and filling of a Statement of Use, the Client expressly agrees and authorizes the Firm to examine the validity, authenticity, applicability, appropriateness, and suitability of the proofs of use/specimens (“specimens”) submitted by the Client. The Client expressly agrees not to submit to the Firm any fraudulent or fabricated specimens of use to the Firm. The Client understands that under United States law, a trademark must be used in commerce in the territory of the United States consistent with the description and classification selected to qualify as a Use In Commerce. Where such specimens are not sufficient, Client agrees and authorizes the Firm to conduct an online search for alternate acceptable specimens on the Client’s website and to file such specimens if the Firm determines that such specimens are authentic, valid, and not fraudulent based on the statements provided by the Client to the Firm. The Firm will exercise its best efforts and discretion to ensure the accuracy, legitimacy, and validity of such specimens submitted to it, consistent with United States law.

Where the Firm requests the Client to provide alternate specimens, if the Client fails to provide the requested alternate specimens within 72 hours of the Firm's initial request, the Client agrees and authorizes the Firm to file with the current specimens provided and/or other specimens deemed acceptable by the Firm on the discretion of the Firm to protect the Client’s interests.

For all 1(a) Intent-to-Use applications, Client expressly and voluntarily declares that the Client has a bona fide intention to use, or use through any related company or firm or licensee, the mark in commerce in the United States in connection with the identified goods and/or services and understands that additional fees to show proof of use may apply if the application is accepted by the USPTO. The Firm reserves the right to revoke Power of Attorney if the evidence is sufficient to determine that the Client has provided a fraudulent specimen to the Firm, or has misrepresented its bona fide intention of use, in an effort to deceive the Firm or the USPTO of legitimate use in commerce in the United States.

8. Representations of Client

In providing the Firm with any information and/or materials to be used in conjunction with the Client's request for trademark legal services, Client expressly and voluntarily declares that:

a. Client believes that he/she has a bona fide intent and is entitled to use the applied-for or at-issue mark in commerce and that he/she is the owner of the trademark/service mark sought to be registered;

b. To the best of the Client's knowledge and belief, no other person, firm, corporation, or association has the right to use the mark in commerce either in the identical form thereof or in such near resemblance thereto, as to likely cause confusion, mistake, or deceive when used on or in connection with the goods/services of such other person;

c. Client declares that all statements made of its/his/her own knowledge and provided to the Firm are true and that all statements made on information and belief are believed to be true;

d. Client acknowledges and understands that the may reasonably rely upon any information and/or materials provided by the Client to be used in conjunction with the Client's request for trademark legal services;

e. Client understands that any willful false statements, and the like, made to the USPTO, may be punishable by law and constitute grounds for invalidating any trademark filings utilizing such willful false statements and may jeopardize the validity of the application, submission, or any registration resulting therefrom;

f. Client understands that filing under a Section 1(b) Intent-to-Use basis requires the Client to do the following before the mark can register: (1) begin using the mark in commerce in the territory of the United States consistent with the goods/services associated with the description and classification selected; and (2) file an Allegation of Use that includes a valid specimen of this use in commerce within the United States and an additional fee. Furthermore, even if the application has already been approved, the examination of the Allegation of Use may result in the examining attorney issuing a refusal;

g. Client expressly agrees not to submit any fraudulent or fabricated specimens of use to the Firm. Client understands that under United States law, a trademark must be used in commerce in the territory of the United States consistent with the description and classification selected to qualify as a 1(a) Use in Commerce trademark filing; 

h. Client believes the specimen(s) shows the mark as used on or in connection with the goods/services in the application when filing under Section 1(a);

i. To the best of the Client's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to likely cause confusion, mistake, or deceive when used on or in connection with the goods/services of such other persons;

j. To the best of the Client's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support;

k. Client declares that all statements made of its/his/her own knowledge are true and that all statements made on information and belief are believed to be true; and

l. Where the Client fails to adhere to any of the provisions listed in Section 7(a)-(k) above, Client indemnifies, absolves, and holds harmless the Firm from any liability stemming from the Client's failure to adhere to the provisions of Section 7 contained herein.

9. Choice of Firm

The Prospective Client agrees and authorizes the Firm to select any U.S.-licensed trademark attorney at the Firm to work on the Prospective Client's Matter at the Firm's discretion. 

Prospective Client understands and hereby acknowledges that, by agreeing to these Terms, Prospective Client grants and provides informed consent to the Firm to earn legal fees for its/his/her United States trademark application. Prospective Client additionally grants and provides informed consent to the Firm to optionally file its/his/her trademark application if the Firm determines that there are reasonable grounds to proceed in order to best protect the Client’s interests if no response is received from the Prospective Client in written email response within three (3) business days after the Firm sends to the Prospective Client an email outlining the risk of refusal for issues including but not limited to vagueness and incompleteness in proof of use, classification selection(s), the description provided, risk of the likelihood of confusion, or other challenges or concerns that may be posed that create roadblocks and/or prevent the registration of their trademark.

Furthermore, Prospective Client understands and hereby acknowledges that in granting informed consent to the Firm, there is a chance for an initial refusal based on issues including but not limited to disclaimers, classification, description of goods and services, a likelihood of confusion, or other third-party challenges against their mark, which will require a separate retainer payment of $399 to $1299 (based on the complexity of the response required) should that risk materialize in the form of an Office Action by the USPTO and/or $1500+ if a third-party opposition and/or cancellation proceeding is initiated against its/his/her mark. Prospective Client hereby acknowledges being informed of these risks.

Prospective Client hereby agrees to timely respond to email or telephonic communications by the Firm with respect to legal matters within three (3) business days, except in cases where a deadline is seven (7) days or less away.  In such cases, the Client shall respond within twelve (12) hours and/or as soon as possible.  If a response to a communication is received three (3) days or fewer prior to the deadline, the firm may not be able to render the services. Prospective Client understands that failure to respond to official communications by the Firm with respect to Office Action, Notice of Allowance, or Dispute matters can result in the loss of rights and/or additional legal fees incurred by the Prospective Client, owed to the Firm when the Firm prepares a complete or partial response based on information already provided to the Firm to preserve the Prospective Client's legal rights because of an impending deadline and a lack of timely response by the Prospective Client. Prospective Client understands that it/he/she will be required to pay in advance for these services in the instance that the Firm is authorized by the Client to respond on its/his/her behalf and that failure to pay timely pay such advance retainer  shall relieve the firm of any and obligation to file a response or take any other action on the Client’s behalf, which could result in abandonment of the trademark application and a loss of rights. Prospective Client also understands that it/he/she will receive a bill for these services in the instance that the Firm responds on its/his/her behalf due to a lack of communication and/or advanced payment by the Prospective Client and expressly agrees to timely pay these invoices for services rendered (between $399 to $1299 depending on the complexity of response).

Prospective Client also hereby acknowledges that government fees paid by the Firm on the Prospective Client's behalf are non-refundable, as the USPTO and many foreign trademark offices do not offer refunds. In the event that the Client is not satisfied with the services provided by the Firm, the Firm may grant the Client satisfaction credit for the portion of its legal fees only to be used for future services by the Firm at its sole discretion and to the extent not inconsistent with the Firm’s professional obligations. 

Moreover, Prospective Client hereby understands that legal fees to the Firm are earned regardless of whether the mark is actually filed upon commencing of substantive work reviewing a trademark filing matter, as professional legal counsel advising the Prospective Client not to proceed with a filing is legal advice and counsel, which can save the Prospective Client substantial and non-refundable government fees, marketing expenses, branding expenses, advertising expenses, and loss in goodwill, among other business expenses such as attempting to pursue a name or slogan that is not likely to be registrable as a federal trademark. The Client is hereby informed and hereby understands that advising the Client not to proceed requires substantive review and legal analysis (e.g., search, analysis of prior marks, and opinion) by attorneys of the Firm, and this is a valuable consideration for legal fees earned.

Further, Prospective Client hereby provides informed consent to the Firm to modify its/his/her description of goods/services and classification selection based on the sole discretion of the Firm's attorneys representing the Prospective Client's interests based solely on the information provided to the Firm by the Client on the Site. 

10. General Responsibilities of the Firm and the Client

It will be the Client’s continuing obligation to assist the Firm in the Client’s representation and provide the Firm with any relevant information requested by the Firm in the scope of representation. It is the Client's continuing duty to inform the Firm of the identity of any person(s) or corporation(s) who is/are adverse to Client or in conflict with the Client with respect to those legal matters as to which the Firm is representing Client.

Client agrees to provide complete and accurate information to the Firm's attorneys, to cooperate, to keep the Firm's attorneys informed of any important developments which may come to Client's attention, to abide by this Agreement, to pay the Firm's bill(s) on time, and to keep the Firm advised of Client's address, email address, telephone number, and whereabouts. 

The Firm will keep the Client apprised of significant developments throughout the performance of the legal services, as required by the applicable Rules of Professional Conduct. The Firm will also consult with the Client as necessary to ensure the timely, effective, and efficient completion of the Firm’s work. Unless the Client instructs the Firm otherwise in writing, the Firm’s communications with the Client may be through email without encryption (with the risk that a third party may intercept an unencrypted communication). Attorneys at the Firm are licensed in certain jurisdictions, and therefore, the Firm hereby limits the scope of any engagement consistent with the state licensing limitations of its attorneys and U.S. federal law matters only.

If and when it is necessary for the Firm to engage foreign associates to handle filings and other matters outside the territory of the United States, the foreign associate will form a direct and independent attorney-Client relationship with the Client. The Client understands that he or she is financially responsible for payment of the foreign associate's fees and that the foreign associate is directly responsible for the proper discharge of professional services rendered to the Client by that foreign associate.

11. Waiver of Confidentiality of Identity

Unless the Client advises the Firm in writing at the time of the Firm’s engagement, by signing this Agreement, Client hereby agrees that the Firm can publicly disclose that the Firm represents the Client. The Client also understands that the Firm may, for example, be required to disclose such representation to other Clients to provide adequate disclosure to resolve any Client conflicts. The USPTO also makes such relationships public. This waiver applies only to the Client's identity.

12. The Site

Prime Trademark Services is the trade name of Prime Legal Services, P.C., law firm in the United States that created the Site.

By using the Site, the Client agrees to follow, be bound by these Terms of Use and Service, and agrees to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. It is the Client’s responsibility to review these Terms of Use and Service periodically; if at any time the Client finds these Terms of Use and Service unacceptable or does not agree to these Terms of Use and Service, the Client should not use this Site.

13. Future Work for Others

Client agrees that the Firm's representation of the Client is for the Limited Scope of Services defined herein, and Client agrees that the Firm may represent parties in the future on matters that may be adverse to Client, so long as such future representation does not involve confidential information that the Firm gained from its representation of the Client pursuant to this Agreement. In any event, the Firm will seek to prevent any and all conflicts of interest by withdrawing the Power of Attorney and notifying the Client to select another firm when necessary. During such a process, the Firm will preserve Client confidence and will work to make such a transition as smooth as possible. The Client agrees that emails and/or telephonic calls are the primary mode of communication and therefore agrees to regularly check for voicemails and emails from the Firm for important, time-sensitive communications and to not block such communications if the Client wishes to remain sufficiently informed.

14. General Responsibilities

If the Firm is retained to do so, the Firm will keep the Client apprised of developments as necessary to perform legal services and will consult with the Client as necessary to ensure the timely, effective, and efficient completion of legal work. Unless the Client instructs the Firm otherwise in writing, this contact may be through email without encryption (the risk is that a third party may intercept the communication). 

15. Advance Waiver of Future Conflicts of Interest

The Firm's practice involves the representation of many different Clients, some of whom focus on similar business areas and goods as the Client’s. Due to the size of the Firm, there may potentially be a different group of attorneys in the Firm preparing and prosecuting trademark applications for other Clients – perhaps a competitor of the Client – in the same, similar, or related technology, goods, or service space as the Client.

The engagement between the Client and the Firm is also understood as entailing the Client’s consent to the Firm’s representation of other potential future Clients in matters in which one of those other Clients may be adverse to the Client in matters unrelated to those that the Firm is handling or has handled for the Client. Given the diverse nature of the Firm's business, encompassing many different industries, however, the Firm must preserve its ability to represent those other Clients on matters which may arise in the future, including matters adverse to the Client, provided that the Firm would only undertake such representation of said Clients under circumstances in which the Firm does not possess the Client’s confidential information relating to the transaction, and the Firm would staff such a project with one or more attorneys who are not engaged in the Client’s representation. In such circumstances, the attorneys in the two matters would be subject to an ethical wall, screening them from communicating with each other and from access to the other matter's documents regarding its respective engagements. If the Client is aware of any entities or matters for which the Firm should invoke such an ethical wall/screen, the Client is required to identify the names of all such persons, entities, or matters to the Firm in writing. If any dispute occurs between current Clients, the Firm will not represent either of the current Clients in that particular dispute absent written consent from both affected Clients.

The Client understands that the Firm would not agree to undertake the Client’s representation herein without this advance waiver. Although the Client may revoke this waiver as to future matters at any time, the Client agrees that such revocation will not affect any matters undertaken by the Firm prior to the Firm's receipt of the Client’s written notice to the Firm of the revocation, even if those matters are still pending at the time of the Firm's receipt of the Client’s notice of revocation.

The Client is made aware of the Client’s right to consult with independent counsel to determine whether the Client wishes to enter into these terms including this advance waiver and this Engagement Letter. The Client acknowledges that the Client has had a sufficient opportunity to do so, and that Client hereby consents to the Firm’s representation of the Firm’s other Clients under the circumstances described in this section.

In most situations, Client understands that it is not even possible to predict such potential conflicts. Therefore, the Firm wants the Client to be aware that the Firm do not view such possibilities as requiring any disclosure under the Utah Rules of Professional Conduct. The Firm ask that the Client hereby provide consent, by accepting this Agreement, to the Firm’s representation of such other Clients. The Client can be assured that to the extent the Firm are aware of the possible relatedness of some technology the Firm may be working on for different Clients, the Firm takes reasonable steps to prevent any information provided by the Client from being made available to members of the Firm working for competing entities in the same technology area. In addition, if the Client is aware of any entities for which the Firm should take such reasonable steps, the Client is invited to identify such entities in writing. The Client may terminate this attorney-Client relationship at any time and for any reason.

This engagement will conclude upon the completion of services contemplated by this Agreement in the Matter, or the Firm may withdraw as permitted by the Rules of Professional Conduct. The Client remains responsible for paying all fees and costs the Firm incurs on the Client's behalf before the Firm receives notice of termination or withdrawal, plus fees for any work reasonably incurred by the Firm in terminating the Client’s representation.

16. Export Control

Client hereby affirms, by signing this Agreement, that any technology or subject matter submitted by the Client within the scope of the Firm’s service conforms to at least one of the following conditions:

All technology or subject matter falls within a non-defense related classification under the Export Administration Regulations (EAR).

All technology or subject matter falls within a dual-use classification under the EAR but is not subject to export control restrictions on defense-related items.

The technology or subject matter has already been exported by the Client, is subject to automatic licensure under the export control provisions of the EAR, and/or is internally managed by the Client in accordance with the EAR.

17. Modification

The Terms of Use and Service and this Agreement may be modified or otherwise updated from time to time by the Firm. Client should review the Terms of Use and Service and this Agreement whenever accessing the Site to confirm acknowledgement and agreement to any such changes. Any Client Engagement and Fee Agreement executed by the Firm and the Client shall supersede these Terms of Use and Service.

18. Effective Date

The term of this engagement shall commence and become effective on the date the Client (or “User,” “Party”) accepts these Terms of Use and Service through the Site, and shall extend until modified by the Parties, confirmed in writing, provided, however, that the Parties understand and agree that the representation is subject to the Firm’s acceptance of the representation, including after the Firm (or collectively with the Client “Parties”) completes a conflict check and otherwise agrees to accept the request for services. The Parties to this Agreement shall be the User and Firm. The User understands that the Firm co-signs and executes this Agreement automatically upon acceptance of the Terms herein by the User. The initial projects shall be governed by the terms of engagement between the User and the Firm.

19. General Terms

As in all areas of law, the final outcome of a matter cannot usually be determined with absolute certainty. Client acknowledges that the Firm gives no assurance, guarantee, or warranty regarding the outcome of any matter, and that the Client’s decision to retain the Firm is not based upon any representation by the Firm or belief on the Client’s part, that any particular outcome will, or will not as the case may be, result.

This Agreement constitutes the complete and entire agreement between the Client and the Firm relating to the subject matter of this Agreement, and there are no other agreements, inducements, promises, representations, or understandings, oral or otherwise. This Agreement cannot be modified, except pursuant to a written document signed by the Client and us.

The firm shall purge the Client files older than (one) 1 year for matters that have not officially submitted to the USPTO or other trademark offices. All the files that are physical or in electronic format will be removed from the Firms databases. For Client matters that were filed with USPTO or other trademark offices or government agencies, such records may be purged every three (3) years.  However, all the Trademark information can be accessed on the USPTO/ government databases using the identification numbers such as Trademark Application number and/or Trademark registration numbers.

Upon termination of this engagement, the Firm may retain a copy of your file.  After termination of the engagement, the Firm has the right, in its discretion, to delete, discard or destroy any files relating to this engagement, provided however, that the Firm will not exercise this right for one year after termination of the engagement.  Unless the Firm receives written instructions from you to the contrary, by executing this agreement, You represent and agree that the Firm may, after the one year period has lapsed, delete, discard, or destroy any documents pertaining to this engagement.  This right is subject to any contrary obligations imposed by law, including any subpoena or litigation hold that the Firm is made aware of.  

20. Dispute Process, Arbitration, and Scope

In the event a dispute arises between the Client and the Firm (the “Parties”), the Parties shall make a good faith attempt to resolve the dispute quickly and cost-effectively. The Firm does not anticipate having any disagreements with the Client about the quality, cost, or appropriateness of services. However, if any concerns about these matters arise, the Client shall notify the Firm immediately. The Firm endeavors to resolve any disagreements in a fair and amicable manner. If the Parties are unable to settle the matter between themselves, the Parties hereby agree to resolve any matter, including but not limited to those relating to the Firm’s fees, quality, or appropriateness of the services, through binding arbitration. Arbitration is typically a less expensive and quicker alternative to litigation, allowing resolution of the disputes to occur privately (the “Arbitration Provision”).

Any claims, disputes, or controversies arising out of or relating to this Agreement are covered by this Arbitration Provision, including but not limited to those regarding the Site, Site Services, Terms of Service, escrow payments or agreements, any claimed payments due to the Client from the Firm, its Affiliates, or successors, trademark disputes, trade secret disputes, copyright disputes, patent disputes, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, termination, discrimination, and any retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, the Civil Rights Acts of 1866,1871, and 1991, the Pregnancy Discrimination Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, any state statutes and/or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to the relationship between the Client and the Firm or the termination of that relationship.

Any disputes between the Parties not subject to the pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or Executive Order are excluded from the coverage of this Agreement.

21. Arbitration of All Disputes Including Claims of Malpractice

The Firm does not anticipate any disagreements between the Firm and the Client regarding quality, cost, or appropriateness of services. However, if any concerns regarding these matters arise, the Client shall notify the Firm immediately. The Firm always endeavors to resolve disagreements fairly and amicably. If the Parties are unable to settle the matter between themselves, the Parties hereby agree that all disputes regarding the construction, application, or performance of any services under this Agreement and any claims arising out of this Agreement or its breach including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud, and disputes regarding attorney’s fees and/or costs charged under this Agreement shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other Party. Arbitration is typically less expensive and a quicker alternative to litigation, allowing private resolution of the disputes.

The arbitrator shall allow limited discovery to enable the Client and the Firm to present each case but shall be mindful of the mutual desire to avoid broad discovery expenses typically allowed in civil litigation. When the arbitrator has issued a decision, judgment on that decision may be entered in any court having jurisdiction thereof. The Client and the Firm both understand that each is waiving a trial by jury. The Parties further agree that any award issued through arbitration may be appealed by either Party to the Judicial Arbitration and Mediation Services (the “JAMS”) Private Appeals Board.

Client and Firm confirm that they have read and understood this section and voluntarily agree to binding arbitration. In doing so, Client and Firm voluntarily give up any constitutional rights to trial by judge or jury. The Client has the right to consult with independent counsel regarding the agreement to binding arbitration or to any other term of this Agreement before signing it. Client agrees that he/she has had the opportunity to do so and is voluntarily signing this Agreement thereafter.

Arbitration shall be conducted by the JAMS. The arbitrator must decide all disputes in accordance with the chosen association's rules and in accordance with Utah law and shall have the power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of Utah, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in Utah in the county of Salt Lake.

22. Informal Dispute Resolution

Both Client and Firm agree to provide notice of any disputed claim (the “Claim”) to the other Party, as applicable, before serving a demand for arbitration of the Claim. Client agrees to notify the Firm of said Claim either by mail at Attn: Prime Trademark Services, PLLC, 4505 S. Wasatch Blvd., Ste 270, Salt Lake City, Utah 84124, or by email to [email protected]. The Firm agrees to provide a notice to Client at the Client’s expressed email address on file (in each case, a “Notice”). Afterwards, both the Client and the Firm will seek informal voluntary resolution of the Claim. Any Notice must include pertinent contact information, account information, and a brief description of the Claim so that the Client or the Firm, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both the Client and the Firm will have 60 days from the date of the receipt of the Notice to informally resolve the If successful, this will avoid the need for any further action.

Client understands that he/she is free to consult with other counsel regarding the agreement to arbitration or to any other term of this Agreement and agrees that he/she is voluntarily accepting this Agreement.

23. Binding Arbitration and Class Action/Jury Trial Waiver (Does not apply to users located outside the United States and its territories)

This Arbitration Provision applies to all users except those located outside of the United States and its territories.

In the unlikely event that Parties are unable to resolve a disputed claim within 60 days of the receipt of the applicable Notice, the Client, the Firm, and its Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from the JAMS. Parties thereby agree to waive their constitutional rights to a trial by court or jury. The JAMS may be contacted at www.jamsadr.com.

24. Scope of Arbitration Agreement and Conduct of Arbitration

This Arbitration Provision applies to any Claim brought by either the Client or the Firm and survives after the relationship between the Client and the Firm is terminated. This Arbitration Provision covers, but is not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement and the Terms of Service. While this Arbitration Provision is intended to resolve any disputes that would otherwise be resolved in a court of law or before a forum other than arbitration, if, for any reason, the JAMS will not administer the arbitration, either Party may apply for the appointment of a neutral arbitrator through a court of competent jurisdiction. 

Arbitration will be conducted in Salt Lake County, Utah in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures, except as otherwise provided herein. Arbitration of disputes brought by a Party alleging a violation of a consumer protection statute will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the Party is located. The applicable Rules are outlined at www.jamsadr.com or may be found by searching online for “JAMS Comprehensive Arbitration Rules and Procedures” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of the Rules shall be resolved exclusively by the arbitrator. Any Party has the right to appear at the arbitration alternatively by telephone and/or video rather than in person.

The Client and the Firm will follow all applicable Rules with respect to arbitration fees. In the event that there is an excess of JAMS arbitration fees, the Firm will pay the difference. In any arbitration under the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect in which a Party makes a Claim under a consumer protection statute, the Party will only be responsible for either the JAMS arbitration fees including the filing or initial appearance fees applicable to court actions in the proper arbitration jurisdiction or a payment of $250.00, whichever is less. In the event that there is an excess of JAMS arbitration fees, the Firm will pay the difference. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. The arbitrator’s judgment may be entered in any court having jurisdiction.

This Arbitration Provision does not apply to any previously pending litigation between the Client and the Firm in a state or federal court or arbitration before the expiration of the opt-out period set forth herein. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 19 unless all Parties to that arbitration consent in writing to that amendment.

This Arbitration Provision does not prevent the Client from making a report to or filing a claim or charge with a government agency including, without limitation, the U.S. Securities and Exchange Commission or Office of Federal Contract Compliance Programs. This Arbitration Provision does not prevent the investigation by a government agency of any report, claim, or charge otherwise covered by this Arbitration Provision. This Arbitration Provision does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. This Arbitration Provision does not prevent or excuse a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. The Firm will never retaliate against a Client for filing a claim with an administrative agency.

25. Interpretation and Enforcement of this Arbitration Provision

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise stated herein, this Arbitration Provision covers all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters will not be decided by a court but rather by an arbitrator who shall have exclusive jurisdiction to decide all such disputes. All parties expressly agree that the arbitrator, and not a court, will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will remain in effect and enforceable. If any portion of the Class Action Waiver in Section 19 of this Arbitration Provision is deemed to be unenforceable, both the Client and the Firm agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

26. Class and Collective Waiver

This Arbitration Provision affects the Client’s ability to participate in class or collective actions. Both the Client and the Firm agree to bring any dispute in arbitration on an individual basis only and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or Rules set forth by the JAMS, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may only be resolved by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Firm will never retaliate against a Client, through disciplining or threatening to discipline, as a result of a Client’s filing or participating in a class or collective action in any forum. However, the Firm may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.

27. Right to Opt Out of the Arbitration Provision 

The Client may opt out of the Arbitration Provision contained herein by notifying the Firm in writing within 30 days of the date the Client first registered for the Site. To opt out, a written notification including the Client’s name, account username, address, telephone number, email address, and a statement indicating that the Client wishes to opt out of the Arbitration must be sent via mail to the Firm at Attn: Prime Trademark Services, 4505 S. Wasatch Blvd., Ste 270, Salt Lake City, Utah 84124, or by email to [email protected]. Please note that opting out of this Arbitration Provision will not affect any other terms of this Agreement.

If the Client does not opt out as provided in this Section 19, continuing the relationship with the Firm constitutes mutual acceptance of the terms of this Arbitration Provision by the Client and the Firm. The Client has the right to consult with independent counsel concerning this Agreement and the Arbitration Provision.

28. Enforcement of this Arbitration Provision

This Arbitration Provision is the full and complete agreement relating to the formal resolution of any disputes stated herein, replacing any and all prior agreements regarding the arbitration of disputes. In the event that any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will remain in effect and enforceable. Moreover, if any portion of the Class Action Waiver stated in this section is deemed to be unenforceable, the Client and Firm agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.

29. Client Duties

Client hereby acknowledges and warrants that the Client and/or any Client representative, including owners, officers or directors, authorized by the Client to act on its behalf agree to be honest and truthful with the Firm, to cooperate, to keep the Firm informed of any information or developments that may come to Client's attention, to abide by this Agreement, to pay attorney's bills and retainers on time, and to keep the Firm advised of the Client's address, telephone number, email, and location. Client hereby acknowledges and warrants that the Client will assist the Firm in providing all necessary information and documents and will be available, when necessary, in proceedings. Client also hereby warrants that its email address and contact information used to request this Engagement and sign up on the Site will be the sole and exclusive means for the Firm, and in certain instances the USPTO, to communicate with the Client and is therefore directly associated with the Client.  Client further warrants and agrees that all information submitted by the Client through the Site is true, correct, and accurate and that the Firm is not responsible for perpetuating or has any duty or obligation to correct any errors or omissions in the information submitted by the Client, whether or not such errors or omissions materially affect the Client’s rights.

30. Termination of Membership and Access Restriction

The Firm reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of some or all of the Services if you violate these Terms of Use and Service in a manner that may expose us to legal liability, disrupt the Services or disrupt others' use of the Services.

If the Firm elects to terminate your membership and/or subscriptions, the Firm will provide you with notice at your registered email address. The Firm also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that the Firm will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership or access to the Services.

31. Subscription Agreement and Auto-Renewals

These are terms that govern any subscription service offered through the Firm, including but not limited to the Trademark Watch subscription. If you signed up for one or more subscription services through the Site, these additional terms apply.

Your license to the Services is valid during the period your subscription remains in good standing and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal and you will be required to pay, through the credit card provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. 

If your Subscription Term is month to month and your purchase date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally paid.

We may offer promotional trial memberships. Although the promotional trial membership may be advertised as free promotional memberships, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM.  It is very important to understand that you will not receive a notice from us that your free trial has ended and that payment for your subscription is due. 

We may discontinue offering subscriptions and will cease charging you accordingly.  We may also terminate your Subscription in our sole discretion subject to your right to a prorated refund of fees.

We may increase subscription fees and/or terms with 30 days’ notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term the increased amount and/or your renewed Subscription Term will be the new applicable length. 

If your payment on file is not approved on the date of the renewal of the Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no updated information is provided after the three business-day period, we may suspend your service and terminate the Subscription. If we make a charge to your credit card and it is declined, we may, but are not obligated to make up to five more attempts to bill the card over a thirty-day period. We also reserve the right to charge your card smaller amounts in more than one transaction not to exceed the amount of the due Subscription Term payment. In the event that you or we (through our payment service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We reserve the right not to reactivate an account or subscription until all past due amounts are paid.

To cancel your subscription, you may send your written request to cancel by mail to Prime Trademark Services, 4505 S. Wasatch Blvd., Ste 270, Salt Lake City, Utah 84124, or email at [email protected]. After you have canceled, your subscription and account will remain active through the end of then current Subscription Term. After termination, you may not have access to your account, or the Services related to your subscription.

32. Trademark Watch Subscription

The Trademark Watch Subscription service is offered to ensure that trademarked business names and services are policed and monitored against possible infringement.  We search U.S. marks that are direct matches to your marks as published in the Official Gazette of the USPTO.   You understand that if you receive the Trademark Watch Subscription on a complimentary basis for a specified period of time, the first monthly billing of $99 will occur on the first day of the new month following the complimentary period.   

33. Prime Protect - Trademark Assurance Program

You further understand that any offer through the Firm for additional complementary trademark searching or trademark application filing as part of any paid service package does not guarantee that a mark will be registered, as this depends on what governments may find as confusingly similar and which third parties may choose to challenge a registration request.  Should the Firm find during a paid for trademark search that includes an additional complementary search should your mark be found unlikely to be registrable, the Firm will cover the legal fee to conduct a second trademark search for a new mark.  Should you choose to retain and pay for the services of a Firm attorney to prepare and file any response to any Office Action from the USPTO on your behalf, if your mark still remains unregistrable and your paid for package includes an additional complementary trademark application filing, the Firm will cover the legal fee to file a new trademark application for a new trademark designated by you on your behalf after putting its best foot forward through Final Refusal.  It does not include government fees.   

34. New Services/Features

From time to time, we may offer new services and/or features through the Site (including, the release of new legal services, tools, and resources). Such new features and/or services shall also be subject to these Terms of Use and Service.

35. Headings

All headings contained herein are for reference only and shall not affect the meaning or interpretation of this Agreement in any manner.

The Firm looks forward to representing the Client. If the terms set forth in this Agreement are satisfactory, please electronically sign the original and the copy of this agreement in the space provided below. The Client should keep one copy for record-keeping purposes.

36. Severability

If any section of this Agreement is found by competent authority to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of such section in every other respect and the remainder of this Agreement shall continue in effect.

37. Conclusion

The Firm is delighted to be asked to provide legal services to the Client. The Firm is looking forward to working with the Client on this engagement. Should the Client ever wish to discuss any matter relating to legal representation by the Firm, please do not hesitate to email us.

38. Contact Us

We are headquartered in Salt Lake City, Utah. See our contact us page for more details.

Prime Trademark Services, PLLC 

4505 S Wasatch Blvd., Ste 270

Salt Lake City, Utah 84124

Email: [email protected]  

Toll Free: 888-9PRIME9

Revision Date: February 12, 2024

© 2024 Prime Trademark Services, PLLC. All rights reserved.

Disclaimer: The information contained in this website is provided for informational purposes only and should not be construed as legal advice. Although Prime Trademark Services, PLLC is a law firm (the “Firm”), your use of this website does not establish an attorney-Client relationship with the Firm. Such a relationship can only be established after the Firm decides and notifies you that it is willing and able to accept the engagement after a conflict check, after which these Terms of Use and Service become binding upon the Parties. Your use of this website is subject to our Terms of Use and Service and Privacy Policy.