The following terms are agreed to between you (the “client”) and TM Kingdom (Trademark World LTD). TM Kingdom is being hired to provide trademark and brand related services for the client. If any of those services require legal advice, representation, counsel or specific tasks to be performed by a licensed attorney, TM  Kingdom will hire a U.S. licensed attorney to perform those tasks for you. This document provides TM Kingdom Power of Attorney sufficient to perform the actions described above and below.

1. All advance fees and reimbursements are fully refundable until services are rendered. The client is entitled to a refund of money for services not yet rendered, at any time during the process. If services have only partially been rendered, the client is entitled to a reasonable partial refund. Fees will be treated as TM Kingdom’s own until the client requests a refund or services are rendered. 

2. The client acknowledges that the law firm selected and hired by TM Kingdom to perform the specific legal services that are needed, may currently represent, may have represented in the past, or may represent in the future, a competitor of the client or even a party legally adverse to the client. The client consents to representation in the aforementioned situations. Possible situations may include, but not be limited to, helping a competitor’s trademark application succeed even if that application’s success may weaken or dilute the client’s trademark, or strengthen a competitor’s legal case against the client. However, the law firm chosen by TM Kingdom will not represent one client in a way that violates the law firm’s duties to any other current client, and will withdraw from representation in a matter where it believes it cannot in good conscience fully represent both clients.

3. TM Kingdom and the client both reserve the right to terminate the relationship at any time. In such a case, the client will receive a refund for any services not yet rendered.

4. The client is only hiring TM Kingdom to perform the tasks detailed in the form or otherwise agreed to between TM Kingdom and the client. Further, TM Kingdom is not obligated to perform any additional services relating to this matter that it has not agreed to (e.g. substantive office action responses, Statement of Use, Amendments, Licensing agreements, Disclaimers, etc) until those services are agreed to by both TM Kingdom and the client. TM Kingdom will not charge an unreasonable amount for any further services, and will base all fees, on a flat fee basis according to the additional services. 

6. The client gives TM Kingdom permission to publicly acknowledge the client’s status as a client and to use the client’s name and branding on TM Kingdom’s website and in promotional materials, as a way of showing examples of “success stories.” The client gives TM Kingdom permission to write about details of the client’s case or the client’s business on TM Kingdom’s website, blog, and social media, and to quote emails from the client for testimonial purposes. The client may revoke either of these privileges at any time. Regardless, TM Kingdom will not reveal any information about the client’s that it deems to be sensitive. Note that many of the details provided by the client to TM Kingdom, including name and mailing address of the individual or business entity that owns the trademark, will become part of the public record once a trademark application is filed, and these details will be available, permanently, on the USPTO trademark database. Note that any data you enter into TM Kingdom’s forms or that you otherwise reveal to TM Kingdom might be used for the TM Kingdom’s own internal analytics, or might be compiled anonymously into data reports (for example, blog posts about what percent of TM Kingdom’s clients are from England). TM Kingdom also makes use of Google Analytics to track various data about visitors to its website.

7. Any fees or reimbursements still held by TM Kingdom after two years from the date of payment will be considered to have been earned as an “availability fee” and will no longer be refundable after that amount of time has passed, unless long-term holding has specifically been arranged between TM Kingdom and the client.

8. The client understands that these engagement terms are subject to change from time to time and the client is responsible for checking these terms periodically. Regardless, TM Kingdom will not mislead the client by promising or advertising one included service and then materially altering the terms to remove its obligation to perform that service.

9. The client is either at least 18 years old or has express permission and guidance from a parent or guardian throughout this process.

10. Fees identified by TM Kingdom as “filing fees” are not direct government fee reimbursements. They are intended to cover payment processing fees and TM Kingdom’s labor as well as government fees so TM Kingdom will not lose money if the client requests additional classes for a filing. Because of this, fees identified as “filing fees” are generally about $25 to $75 higher than the actual government fee required for that filing. Filings for which this policy applies include but are not limited to new applications, renewals, maintenance filings, statements of use, petitions to revive, petitions to the director, Madrid Protocol filings, notices of opposition, and petitions for cancellation.

11. Your trademark application becomes public record once you submit it. Except for payment information, all personal information you submit to the United States Patent and Trademark Office (USPTO), including your address and email address, will become part of a public record viewable on their website and other websites that index USPTO data, such as Google.

Additional Engagement Terms for Trademark Applications

1. For search packages: If the client decides not to move forward with the original proposed trademark, the client may request one additional free quick search for a new proposed trademark or a Complex Global Search for only $75 (seventy five United States dollars)

2. The $350 federal filing fee is meant to cover a range of possible fees that TM Kingdom may have to spend to file a federal trademark application, as well as payment processing fees and the time spent filing the application. TM Kingdom will keep or pay for, respectively, any surplus or deficit remaining after paying the actual cost of filing the application. The filing fee is not a direct reimbursement; it is an advance service fee paid to TM Kingdom in addition to the client’s trademark package fee if it applies. 

3. About TM Kingdom’s Complex Global Search: Although TM Kingdom will make a reasonable effort to find any potential trademark conflicts, this does not guarantee that a trademark conflict does not exist. The Viability Assessment and recommendation is not legal advice. And it is merely our opinion on the subject matter. Even though a positive viability assessment analysis, this does not exclude the possibility of Office Actions, Opposition, or rejection of the trademark registration by the USPTO. TM Kingdom does not use any specialized search engines or databases to perform its conflict searches.

4. If the client does not answer “yes” to the question on TM Kingdom’s Trademark Application submission regarding current commercial use in commerce of the trademark, TM Kingdom has permission from the customer to file the application on an “intent-to-use” basis, which will require the filing of proof-of-use later in the process, if the application is otherwise successful. Filing proof-of-use after the original application requires a $100 (one hundred United States Dollars) federal filing fee per class. Also a $125 (one hundred and twenty-five United States Dollars) per-class six-month extension federal fee may be required if the client cannot supply proof-of-use in commerce. TM Kingdom will charge up to $125 per class for each of those additional services to cover variable expenses plus federal filing fee, unless it is already included in the package that the client has selected.

5. TM Kingdom may have to switch status from “Use In Commerce” to “Intent to Use” for procedural reasons, such as an inadequate specimen. If this is the case, TM Kingdom will charge the client for intent-to-use–related fees as described in the previous paragraph if required. 

6. TM Kingdom’s services end either when the trademark application filing process is completed, the trademark reaches registration or is abandoned, depending on the paid package by the client. Client is no longer a client of TM Kingdom after one of these milestones is reached. TM Kingdom will send you at least two courtesy emails if an Office Action is sent from the examining attorney requiring additional information and/or making an initial refusal. If the client doesn’t respond to these courtesy emails, the attorney of record could be removed from the application by any time. 

7. The Complex Global Search and Viability Assessment that come with the PLATINUM and DIAMOND packages require more analysis, effort and time than the quick search in the USPTO’s Database, because TM Kingdom must calculate not just the likelihood of getting approval, but the possibility of likelihood of confusion. If the client decides not to file the trademark application after the Complex Global Search and Viability Assessment is already initiated, an $85 fee would be retained before the refund is done for TM Kingdom’s services being that fee non-refundable.

8. TM Kingdom reserves the right to use its discretion to determine which words to disclaim on a trademark application because of non-registrability, unless the client specifically requests that certain words are disclaimed or not disclaimed. Occasionally the USPTO will determine that the wording of a mark is wholly descriptive and either recommend that the mark be amended to the Supplemental Register in the case of a word mark, or that all of the wording in a mark be disclaimed in the case of a mark with design elements. TM Kingdom reserves the right to accept the USPTO’s recommendation if TM Kingdom agrees with the USPTO’s examining attorney, unless the client specifically indicates that the Supplemental Register or disclaimer of all wording is not acceptable.

9. TM Kingdom sends the client a PDF version of the Registration Certificate when it is emitted.

Engagement Terms for Expedited Plan

1. If the client pays the EXPEDITED package fee,TM Kingdom will endeavor to perform each stage of the process as quickly as possible, not exceeding a 24 hours wait. This means that if TM Kingdom has additional questions for the client, TM Kingdom will ask them within 24 hours of the client hiring TM Kingdom’s services. If the client doesn’t respond to TM Kingdom’s additional questions in less than 2 hours after the email was sent, TM Kingdom will filed the application as it is and reserves the right to use its discretion to determine the best way to do it. If TM Kingdom has no questions about the application, TM Kingdom will file it within 24 hours of the client hiring TM Kingdom. 

2. About the Expedited Plan; After the application is filed, TM Kingdom service ends.

3. “Business days” means Monday through Friday, except for holidays. TM Kingdom follows the New York City government holiday list and also considers December 24 a holiday. Any form submission made on or after 5:00PM, New York City time, is considered to have been made on the next business day. If TM Kingdom sends an update after 5:00 PM, it is still considered to have been sent on that business day. As an example, if the client hires TM Kingdom for an expedited package on Monday at 10:30PM, the client is considered to have hired TM Kingdom on Tuesday. TM Kingdom owes the client an update by Thursday at 11:59PM, though TM Kingdom will try to get the update to the client much sooner than that. If TM Kingdom sends an update to the client on Thursday at 6:00PM, and the client sends a response at 8:00PM, then TM Kingdom owes the client an update by two business days after Friday, meaning TM Kingdom owes an update by Tuesday. This cycle will continue until the end of the expedited portion of the package as described above.