TrademarkFiler.com is a website owned and operated by Cislo & Thomas LLP, U.S. Trademark Attorneys.
By accessing and using TrademarkFiler.com, the User understands that Cislo & Thomas LLP does not offer legal advice. Any trademark applications are filed by Cislo & Thomas LLP with only the material information provided by the User, only after user formally retains Cislo & Thomas LLP with a formal written retainer agreement and payment of a fee.
Trademarkfiler.com is an initial clearance tool only and may not be relied upon for the adoption and
use of any trademark.
LICENSE TO USE WEBSITE
Unless otherwise stated, Cislo & Thomas LLP and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all of these intellectual property rights are reserved. No claim is made by Cislo & Thomas LLP to any material input into the website by a User.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not: republish material from this website (including republication on another website); sell, rent, or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website (except for content specifically and expressly made available for redistribution).
ATTORNEY CONSULTATION
Cislo & Thomas LLP offers a trademark attorney consultation at User's request for a fee of $250 for up to 1 hour of consultation either telephonically or in person at Attorney's offices. User needs to arrange for the consultation with Cislo & Thomas LLP.
The User may elect an up to one (1) hour-long attorney consultation regarding his/her proposed trademark at an additional fee of $250 USD. The consultation is limited to one (1) hour of legal advice with a registered U.S. attorney, if the User elects this service.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without our express written consent.
User agrees not to submit content to TrademarkFiler.com that contains information that they know to be misleading, false, an infringement of existing intellectual property, or that violates any statute, regulation, code, or law.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
USER CONTENT
In these terms and conditions, "your User content" means material (including, without limitation, text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
Your User content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Cislo & Thomas LLP or a third party (in each case under any applicable law).
You must not submit any User content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding our rights under these terms and conditions in relation to User content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES
This website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that: This website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter, you should consult an appropriate professional.
Cislo & Thomas LLP will attempt to alert you to any response from the USPTO but does not guarantee that it will do so. User may opt to unsubscribe from the monthly e-mails but will then no longer be reminded of User's upcoming filing deadlines. Therefore, User must calendar any response deadlines.
USER OBLIGATION
User is solely responsible for the completeness of disclosure of any and all information, personal or otherwise, and warrants the completeness of the disclosure in the trademark application.
LIMITATIONS OF LIABILITY
We will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss.
We offer no assurance of the User’s success in securing his/her trademark. U.S. trademarks may not be issued for any number of reasons; as the sole selector of the trademark to be registered, the User assumes all responsibility for the outcome of his/her application. Additionally, the User is entirely responsible for the provision and veracity of personally created or uploaded content.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any matter which it would be illegal or unlawful for Cislo & Thomas LLP to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cislo & Thomas LLP.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
PROVIDING USER INFORMATION TO USER'S ATTORNEY
Cislo & Thomas LLP shall only provide information to User's attorney should it have one where User so designates that User has an attorney and provides contact information to User's attorney.
INDEMNITY
You hereby indemnify Cislo & Thomas LLP and undertake to keep Cislo & Thomas LLP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cislo & Thomas LLP to a third party in settlement of a claim or dispute on the advice of Cislo & Thomas LLP legal advisers) incurred or suffered by Cislo & Thomas LLP arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
DISCHARGE AND WITHDRAWAL
User may discharge Attorneys at any time, upon written notice to Attorneys. Attorney may withdraw from representation of Client (a) with Client's consent, (b) upon court approval, or (c) if no court action has been filed, for good cause and upon reasonable notice to User. Among the acts constituting good cause are User's breach of this Agreement (including User’s failure to pay Attorneys' cost as specified herein), User's refusal to cooperate with Attorneys or to follow Attorneys' advice on a material matter, User's failure to respond to Attorney's letters within thirty (30) days, or any act or circumstance that would render Attorneys' continuing representation of Client unlawful or unethical.
Attorneys and User each agree to sign any documents reasonably necessary to complete Attorneys' discharge or withdrawal.
DISPUTES
Any controversy, claim or dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (except at the option of either party for any application for injunctive relief) shall be finally settled by arbitration in the County of Los Angeles, California under the rules of the American Arbitration Association (AAA) before a panel of three (3) arbitrators and judgment upon the award rendered may be entered in any court having jurisdiction. In this regard, the parties submit to the personal subject matter jurisdiction of the State of California. The arbitration provisions of this Section shall be interpreted according to, and governed by, the Federal Arbitration Act, and any action to enforce any rights hereunder shall be brought exclusively in the U.S. District Court for the Central District of California. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY OF ANY DISPUTE RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH ACTION SHALL BE ADJUDICATED BY AN ARBITRATOR AND WITHOUT A JURY.
The parties may mutually agree upon any procedure for appointing the arbitrators and shall inform the JAMS administrator as to such procedure; however, if all of the parties have not mutually agreed on a procedure for appointing the arbitrators or have not mutually agreed on the designation of the arbitrators within forty-five (45) days after the commencement of the arbitration, each side shall have the option to select one (1) arbitrator, and the JAMS administrator shall unilaterally appoint and designate the presiding arbitrator to complete the three (3) arbitrator panel.
If a party fails to file a statement of defense within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, or if a party, duly notified, fails to appear at a hearing without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may proceed with the arbitration; or if a party, duly invited to produce evidence or take any other steps in the proceedings fails to do so within the time established by the tribunal without showing sufficient cause for such failure, as determined by the tribunal, the tribunal may make the award on the evidence before it.
The arbitrators may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrators and the reasonable attorneys’ fees of the prevailing party.
Notwithstanding the foregoing, in any dispute concerning attorneys’ fees, charges, costs, or expenses incurred subject to the jurisdiction of the State of California, User has the right to elect arbitration pursuant to the fee arbitration procedures of the State Bar of California, as set forth in California Business and Professions Code Section 6200, et seq. Those procedures permit a trial after arbitration, unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. If, after receiving a notice of User’s right to arbitrate, User does not elect to proceed under the State Bar fee arbitration procedures, and file a request for fee arbitration within 30 days, any dispute over fees, charges, costs or expenses, will be resolved by judicial proceedings before any State court located in Los Angeles, California, and the prevailing party in any such action or any proceeding to enforce any provision of this Agreement will be awarded Attorneys’ fees and cost incurred in that action or proceeding, including, without limitation, the value of the time spent by Attorneys to prosecute or defend such action (calculated at the hourly rates then normally charged by Attorneys to clients which it represents on an hourly basis).
Because each party is giving up a right, User is encouraged to have an independent lawyer of User's choice review these arbitration provisions before agreeing to them.
By agreeing below, User and Attorneys confirm that they have read and understand the paragraphs in this Section, and voluntarily agree to these provisions. In doing so, User and Attorneys voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. User is advised that User has the right to have an independent lawyer of User's choice review these arbitration provisions, and this entire agreement, prior to signing this Agreement.
NOTICE
User shall provide Cislo & Thomas LLP with written notice of any change of address or e-mail within ten (10) days of any change of address or e-mail.
EFFECTIVE DATE
This Agreement will govern all legal services performed by Attorney on behalf of User commencing with the date Attorney first performed services. The date at the beginning of the Agreement is for reference only. Even if this Agreement does not take effect, User will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for User.
MISCELLANEOUS
(a) This Agreement is agreed to voluntarily and without any duress or undue influence on the parties or their officers, employees, agents or attorneys. Neither party is relying upon any inducements, promises or representations not contained herein made by the other party or any of its officers, employees, agents or attorneys. The parties hereto acknowledge that they have been represented in the litigations for, and in the preparation of this Agreement, by counsel, that they have had this Agreement fully explained to them by such counsel, and that they are aware of its contents and of its legal effect.
(b) Any provision of this Agreement which is invalid, illegal or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, and shall not in any manner affect the remaining provisions hereof in such jurisdiction or render any other provision of this Agreement invalid, illegal or unenforceable in any other jurisdiction.
(c) This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The parties consent to personal jurisdiction and venue in the United States District Court for the Central District of California or the Superior Court for the County of Los Angeles.
(d) This Agreement contains the entire agreement between the parties as to the subject matter hereof. This Agreement may not be modified or amended except by a written amendment signed by an officer of each party, except as specified herein.
(e) No party has heretofore assigned, transferred, granted, or purported to assign, transfer or grant, or by operation of law, been required to assign, transfer or grant, any of the claims, counterclaims and defenses disposed of by this Agreement.
(f) Each party agrees that it could have cooperated in the drafting and preparation of the Agreement. Hence, the agreement shall not be construed against any particular party. Should User want different terms and conditions, he/she needs to contact Attorneys to consider any changes requested.
(g) Each party represents that it has the right, power and authority to execute this Agreement and to thereby become bound by this Agreement and each of the obligations imposed hereby.
(h) We expect to file all trademark applications submitted to TrademarkFiler.com as quickly as possible, and no later than 48 hours after a trademark application is submitted to TrademarkFiler.com.
(i) TrademarkFiler.com and/or Attorneys are not responsible for any undelivered email correspondence or messages sent to any User or potential User.
(j) No legal advice is provided by Cislo & Thomas LLP for those third parties filing outside of the United States, or who are residents of countries other than the United States, other than undertaking any filing input to TrademarkFiler.com with the United States Patent Office.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM, AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN ONE USER AGREES BELOW, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL
OBLIGATIONS UNDER THIS AGREEMENT.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between User and Attorneys in relation to use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the State of California, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Central District of California. All parties who use this website agree to binding arbitration as specified herein in Los Angeles County for the resolution of any and all disputes with Cislo & Thomas LLP, except as required by California Law as it applies to the resolution of any attorney fees disputes.
Details
Cislo & Thomas LLP's main office is located at 12100 Wilshire Boulevard, Ste. 1700, Los Angeles, CA 90025
You can contact us by e-mail at support@trademarkfiler.com or call us (310) 979-9190
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Intro Video
