By using the Custom Trademark Agency, you agree to these terms and conditions as an agreement by and between you and Custom Trademark Agency.com and Custom Trademark Agency, LLC (referred to as “we”, “us”, or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.
We provide general information related to trademarks and provide a website that allows you to prepare and file trademarks. We are not a law firm. We do not provide and cannot provide legal advice to you.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
Your permission to use the Website is conditioned upon your agreement that you:
To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate, and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited, we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at .
We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content or UGC”). You agree not to post or use any UGC in any way that:
We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violations of these terms, terminate user accounts, or take other actions. We are not responsible for any harm to you caused by UGC.
By using the Website, you agree not to:
We may have links to third-party websites that are not owned, controlled, or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products, or services by the simple inclusion of a link to another website.
We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our election and for any reason without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth below. Termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and conditions related to your Content shall survive the termination of this Agreement.
We rely upon government records and may display them on this website. While we try to use the most recent information available, we cannot guarantee its accuracy or timeliness.
As part of our services, we may offer reminders or notifications about certain deadlines that may apply to your trademark. These notifications are for informational purposes only and are the general standards applicable to most trademarks. Your situation may be different than the general guidelines, and you should consider consulting with a licensed attorney regarding the applicable deadlines that apply to your specific situation. We do not offer legal advice, and automated notifications are not legal advice or legal interpretations based on your specifics.
We are a technology platform that helps create forms, and we are not a law firm or legal service provider. Should you purchase one or more packages that include cease and desist, assignment of trademark letters, or other forms, you will be entitled to a form document that includes the information provided by you or from your files.
We are not a substitute for an attorney, and we cannot provide you with any legal advice. Our customer service representatives cannot answer legal questions. Because we do not have an attorney-client relationship, any communications with our customer service representatives are not privileged, and you should not share confidential information with them.
We may, but are not obligated to, review the information you provide to us for completeness, inconsistencies, or other administrative errors. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to your particular situation.
PLEASE NOTE: We retain your credit card information only to pay the governmental filing fee associated with your order after you approve the application and are aware of the fee.
We use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. However, we cannot guarantee that your mark will be approved, even if you use our search services. The USPTO (United States Patent and Trademark Office) may reject your mark for various reasons. Automated searches may not always identify conflicting marks that the USPTO may flag.
Similarly, common law mark searches also use reasonable methods to identify matching marks. We cannot guarantee that your mark will avoid claims or challenges from holders of common law rights. Automated searches may not identify all common law marks similar to your own.
The purpose of the search report is to provide information about similar marks based on your search parameters. It is not legal advice. You may want to consult with an attorney regarding the results.
Our trademark monitoring service checks the filing of new applications for direct matches, phonetically similar marks, and marks with similar designs as published by the USPTO and Custom Trademark Agency, LLC.
The physical address provided when you purchase the Premium Protection Privacy Program subscription is managed by Snapmailbox.com, LLC. If you request assistance with the service, we may share your information with Snapmailbox.com for payment purposes. We are not responsible for Snapmailbox.com's conduct or your use of their services.
You may cancel the Privacy Protection Program at any time. Cancellation requires payment to cover the cost of updating your address with the USPTO. After cancellation, your contact information will be publicly visible on government websites.
Third-party legal services on our Website are provided by Swyft Legal, LLC and are subject to their terms of service.
Subscriptions are valid as long as payments are up to date. Subscriptions auto-renew unless canceled. Charges will apply even if services are not used during the subscription period.
You may cancel by contacting support at or by calling (855) 611-3936
New features and services are also subject to these terms.
We provide the Website and services "as is" and make no guarantees about their availability, reliability, or fitness for your needs. We are not liable for any indirect, incidental, or consequential damages related to your use of the Website.
You agree to indemnify and hold harmless Custom Trademark Agency, LLC, its affiliates, and agents from any claims arising from your violation of these terms or third-party rights.
All disputes are subject to binding arbitration under the American Arbitration Association (AAA). Class actions and private attorney general actions are not allowed. You may opt out of arbitration within 30 days of accepting these terms by notifying us in writing.
You agree to comply with all applicable export laws and regulations.
We retain ownership of all intellectual property related to the Website. You may not copy or distribute any content without written permission.
If you believe your copyright has been infringed, you can contact us at with the necessary details as outlined by the DMCA.
This agreement is governed by the English version, which is the legally binding version.
This agreement, including the Privacy Policy, constitutes the entire agreement between the parties. No waiver of any provision shall be considered a waiver of any subsequent breach.
We reserve the right to modify these terms at any time. Continued use of the Website after changes constitutes acceptance of the modified terms.
By submitting an order, you authorize us to list ourselves as a recipient of USPTO correspondence related to your trademarks.
Refunds are only provided for Custom Trademark Agency fees, not government fees. Refund requests must be submitted within 30 days of purchase.
We may offer SMS communications, which are opt-in services. You can opt-out by replying "STOP" or by contacting support. Message and data rates may apply.
Compatible carriers include major providers such as AT&T, Verizon, Sprint, T-Mobile, and others.
For more details, please refer to our Privacy Policy.
We reserve the right to limit sales to certain jurisdictions. All product descriptions and prices are subject to change. If any part of this agreement is found to be invalid, the remaining portions will remain enforceable.
