Full Terms of Service & Engagement

01Who We Are and Acceptance of Terms

Trademark Scrivener LLC is a Missouri limited liability company (“Trademark Scrivener,” “we,” “us”), reachable at info@trademarkscrivener.com. These Terms govern every service and product we offer: the TRACE™ Report and consultation, the Office Action Response Workbook, and our response packages. By paying for any of them, including a $25 TRACE purchase, a workbook purchase, or a package deposit, you (“Client”) accept these Terms in full, and your payment serves as your electronic signature. If you do not agree to these Terms, do not make a payment or use our services.

02Nature of Services: Not a Law Firm, No Legal Advice

Trademark Scrivener operates exclusively as an independent trademark administrator and diagnostic service. We are not a law firm, we do not employ attorneys acting in a representational capacity on your behalf, and we do not provide legal advice. No attorney-client relationship is created by any service, product, or communication.

You certify that you are acting as a self-represented (pro se) applicant before the United States Patent and Trademark Office (USPTO), and you remain the applicant of record at all times. All analyses and documents we prepare are created under your direction, and you are responsible for reviewing, approving, and authorizing all content before it is submitted to the USPTO.

Our response services are available only to applicants domiciled in the United States. USPTO rules require applicants domiciled outside the United States to be represented by a U.S.-licensed attorney, so we will not prepare or assist with responses for them. We may provide a TRACE™ Report to a foreign-domiciled applicant for informational purposes only.

The Confusion Index is a proprietary Trademark Scrivener metric. It is not a USPTO or TTAB standard, and no examining attorney is bound by it.

03The TRACE™ Report and Consultation ($25)

What’s included. For $25, you receive a TRACE™ Report analyzing the Section 2(d) likelihood-of-confusion refusal against your application, written consultation notes, and an optional 30-minute walkthrough by Google Meet. The report is delivered within 24 hours after we receive your payment and your application serial number.

Scope. TRACE addresses Section 2(d) likelihood of confusion only. Where an Office Action cites more than one registration, TRACE screens each cited mark and analyzes your mark in full against the one that screens highest. TRACE does not analyze other refusal grounds, consent or coexistence agreements, or the validity or maintenance status of a cited registration. It is an analytical assessment, not legal advice, and it does not predict or guarantee any outcome.

Credit toward a package. If you purchase a response package for the same matter, the full $25 is credited toward it. The credit cannot be combined with the Client Survey Offer in Section 09; we will confirm which adjustment applies before you pay a deposit.

Non-refundable. The $25 fee is non-refundable and non-transferable under any circumstances (see Section 10). Work begins immediately on payment, so the fee is earned at purchase. Cancelling, missing, or failing to attend a scheduled consultation does not entitle you to a refund; your TRACE™ Report and written consultation notes will be delivered regardless of attendance.

Promotions. Where a promotion published on our website waives or reduces this fee, such as completing the package finder, the conditions stated with that promotion apply.

04The Office Action Response Workbook ($149)

What’s included. The Office Action Response Workbook is a digital product: a 106-page PDF and an editable Word response template, available for download immediately after payment.

Nature. The workbook is an educational guide, not legal advice. It covers Section 2(d) likelihood-of-confusion refusals only. All example marks, applicants, and serial numbers in it are fictional. It is intended for applicants domiciled in the United States.

License. Your purchase grants you a personal, non-transferable license to use the workbook and template for your own trademark application or applications. You may not resell, redistribute, share, or publish the workbook or template.

Refunds. The workbook is non-refundable, as are all of our digital products (see Section 10).

Lost downloads. Email info@trademarkscrivener.com with your PayPal receipt, and we will resend both files.

The workbook is not eligible for the Client Survey Offer.

05Response Packages: Scope of Engagement

Depending on the package selected, we draft a response to a Section 2(d) likelihood-of-confusion refusal, provide filing assistance, and track the application to the milestone shown below. A response may include amendments closely related to the Section 2(d) refusal that you approve in writing, such as narrowing your goods or services.

Filing assistance. Where a package includes filing assistance, we guide you through the submission while you file from your own USPTO.gov account and sign the response yourself. We do not log into your USPTO account or file using your credentials.

What packages do not include. We do not negotiate with examining attorneys, represent you in any proceeding before the Trademark Trial and Appeal Board (including appeals, oppositions, and cancellations), act as your attorney of record, address refusal grounds other than Section 2(d), draft or review consent or coexistence agreements, or handle enforcement matters. Post-filing tracking and monitoring are informational only.

The packages:

• BasicSelf-file · One responseA complete draft for you to review, sign, and file. You are solely responsible for filing and tracking the application.
• Basic PlusSelf-file · Two responsesA first draft plus a second response if another refusal follows. You are solely responsible for filing and tracking the application.
• StandardAssisted · One responseDrafting, filing assistance, and tracking to publication. A second response is not included; see Section 07.
• Standard PlusAssisted · Two responsesTwo responses, filing assistance, and tracking to publication.
• PremiumPerformance · Two responsesSupport through the registration process, including post-publication opposition support.
• Premium PlusPerformance · Two responsesPerformance support plus the Strategic Refiling Guarantee (Section 08).

Opposition support. On the Premium tiers, post-publication opposition support consists of monitoring the opposition period, notifying you if an opposition is filed, and referring you to a licensed attorney. We do not appear in, defend, or handle opposition proceedings.

A “second response” includes a request for reconsideration. All packages include unlimited revisions within the package’s scope. Our target turnaround for a full draft is 5 to 7 business days after the deposit, provided the necessary materials have been supplied.

06Fees and Payment

All package fees are flat and exclusive of USPTO government fees, which you pay separately and directly to the USPTO. The total for packages with a success fee is the deposit, plus the delivery fee, plus the success fee. Payments are made through PayPal. You are not enrolled in any subscription or recurring service; additional work is offered separately and requires your agreement.

07Success Fees and Second Responses

Success milestone. On Standard, Standard Plus, and Premium, the success fee is due only when the USPTO approves your mark for publication following withdrawal of the Section 2(d) refusal our response addressed. On Premium Plus, the success fee is due only on registration.

If the refusal is maintained. If the refusal is maintained and made final, no success fee is owed. Deposits and delivery fees remain due under the package terms.

Second responses. On Basic, a second response is available for $400, paid upfront. On Standard, a second response is available for a flat $500; if you use that option, the $1,000 success fee is waived in its entirety. Basic Plus, Standard Plus, Premium, and Premium Plus include a second response.

08Strategic Refiling Guarantee (Premium Plus Only)

The Strategic Refiling Guarantee is available only on the Premium Plus package and applies per trademark: it covers only the mark in your Premium Plus engagement. If the USPTO issues a final refusal on Section 2(d) grounds that cannot be overcome, we will develop a new application strategy and prepare a new application for that mark at no additional service fee, then support it through publication toward registration. You pay all USPTO fees for the new application. The guarantee does not apply if you abandon the application, miss a deadline we have notified you of, or are in breach of these Terms. It does not guarantee registration; the USPTO makes the final determination.

09Client Survey Offer (15%)

After receiving your TRACE™ Report, you may request 15% off the flat fee of one eligible response package for the same matter. To qualify, you must complete the client survey, provide an honest testimonial, and give permission to publish it. Positive, mixed, and critical feedback qualify equally; the offer is not tied to a favorable review.

The offer excludes USPTO government fees and the workbook, and cannot be combined with other offers, including the $25 TRACE credit. Confirm your adjusted fee with us before paying a deposit. Any testimonial we publish will disclose that you received a discount. You may withdraw permission to publish at any time by contacting us, and we will remove the testimonial from the places we control.

10Refunds, Cancellation, and Breach

No refunds on TRACE, consultations, or digital products. The $25 TRACE™ Report and consultation, the Office Action Response Workbook, and all other digital products are non-refundable under any circumstances.

Deposits are non-refundable. Any package deposit is non-refundable once paid, whether you cancel before or after work begins.

Partial refund of the second payment. If you have made the second payment on your package (the payment due on draft delivery), you may request a refund of 50% of that payment. Because the second payment is made after your draft is delivered, a refund request is a cancellation, and the cancellation fee below applies unless it is waived. We will confirm in writing that your refund is approved, and the refund itself will be paid within 2 to 3 months of that approval. Packages with no delivery payment (Premium and Premium Plus) have no second payment to refund.

Cancellation fee and breach. If you cancel after your draft has been delivered, or you materially breach these Terms by abandoning the application, failing to respond, or becoming unresponsive for more than 30 days, a cancellation fee becomes due. The cancellation fee is $150 or 20% of the total package cost (including any success fee), whichever is higher. If you are owed a refund of your second payment, the cancellation fee is deducted from that refund, and if the fee is larger than the refund, the difference is payable immediately. If no refund is owed, the full cancellation fee is payable immediately.

Waiver when we are at fault. If you cancel because of our fault, such as our failure to deliver your draft or to perform the agreed scope of your package, the cancellation fee is waived in full.

11Client Responsibilities and Control

You agree to provide accurate, complete, and timely information about your trademark, and you are solely responsible for verifying the accuracy of every statement in a draft response. You are responsible for meeting USPTO deadlines and for supplying the materials we need in time to complete the work before them. We will not remove goods or services, disclaim terms, or change the scope of your application without your explicit written consent. You keep full control over the final filing, and nothing is submitted without your approval.

12No Guarantee of Outcome

The USPTO examining attorney has complete discretion over your application. No TRACE™ Report, Confusion Index, workbook, or response package guarantees withdrawal of a refusal, approval for publication, or registration. Past outcomes and testimonials do not guarantee future results.

13Limitation of Liability

To the maximum extent permitted by law, Trademark Scrivener’s liability for any claim arising out of or relating to our services is limited to the total fees you have actually paid us. In no event will Trademark Scrivener be liable for any indirect, incidental, special, or consequential damages, including loss of business, loss of trademark rights, or loss of profits.

14Confidentiality

We keep confidential all non-public business information you share with us, and we will not disclose, sell, or distribute your information or your TRACE™ Report to third parties without your written consent. You may share your TRACE™ Report with your own attorney or professional advisors. Responses and documents filed with the USPTO become part of the public record and are not covered by this section.

15Website Content

Articles, guides, and other resources on our website are general educational information, not legal advice. Example marks in our materials are fictional.

16Governing Law

These Terms are governed by the laws of the State of Missouri, and any dispute will be resolved in the state or federal courts located in Missouri.

17Changes to These Terms

We may update these Terms from time to time. The version in effect when you make a payment applies to that purchase.