Terms of Service & Engagement

01 Acknowledgment and Acceptance of Terms

By remitting the initial deposit required for your chosen service tier, you (the "Client") formally accept and agree to be bound by these Terms of Service. This deposit acts as your electronic signature, establishing a binding contractual agreement between you and Trademark Scrivener. If you do not agree to these terms in their entirety, you must not submit the deposit or utilize our administrative drafting services.

02 Nature of Services: Non-Attorney and No Legal Advice

Trademark Scrivener operates exclusively as an independent, professional 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 or legal representation.

You acknowledge and certify that you are acting as a self-represented (pro se) applicant before the United States Patent and Trademark Office (USPTO). All analyses, strategies, and response drafts generated by us are compiled utilizing our proprietary TRACE™ administrative engine and are created strictly under your individual direction and authorization. You retain absolute and sole responsibility for reviewing, approving, and authorizing all arguments prior to submission to the USPTO.

03 Scope of Engagement

Depending on the specific administrative package selected, Trademark Scrivener will provide a detailed trademark diagnostic report, draft an administrative response to a Section 2(d) Likelihood of Confusion refusal, and (where applicable) assist with the clerical uploading of that response to the USPTO TEAS portal using your applicant credentials. We do not negotiate with Examining Attorneys, file subsequent appeals, or act as your attorney of record. Any tracking or monitoring provided post-filing is strictly informational.

04 Financial Commitments and Fee Structure

You agree to pay the flat-rate fees associated with your selected service package. Our fee model operates on a series of distinct financial milestones—consisting of initial start deposits, standard delivery fees, and performance-contingent success fees depending on the tier.

Please note that all package fees are flat-rate rates for Scrivener's administrative drafting and do not include USPTO government filing fees, which must be paid separately and directly to the government.

05 Cancellation, Breach, and Refund Policy

Because administrative and diagnostic drafting operations begin immediately upon the clearing of your deposit, our strict refund policies protect our operational commitments as follows:

• 24-Hour Grace Period: You may request a cancellation within 24 hours of paying the initial package deposit for a full refund, provided that drafting or diagnostic analysis has not yet been delivered to you.
• Pre-Draft Cancellation: If a package is canceled after the 24-hour grace period but prior to the delivery of the watermarked drafted response, the deposit is entirely non-refundable and will be retained as liquidated damages for the administrative and drafting work already performed.
• Post-Draft Cancellation & Breach: Once a drafted response has been delivered, you are legally bound to fulfill the remainder of your package balance. Failure to respond, abandonment of the trademark application, or becoming unresponsive for more than 30 days constitutes a material breach. In such an event, a cancellation fee equal to 50% of the remaining package balance (including success fees) becomes immediately due and payable. For the Premium tier, the remaining balance is calculated based on the success fee, resulting in a breach fee of $1,000. For the Premium Plus tier, the remaining balance is calculated based on the success fee, resulting in a breach fee of $750.

06 Success Fee Conditions

For packages carrying a success fee (Standard, Standard Plus, Premium, and Premium Plus), the performance-based success fee is strictly contingent upon a positive outcome. A positive outcome is defined solely as the USPTO Examining Attorney officially withdrawing the Section 2(d) Likelihood of Confusion refusal that our drafted response addressed, thereby allowing your mark to proceed toward publication (or for the Premium and Premium Plus tiers, leading to final trademark registration).

If the refusal is maintained and made final by the USPTO, you owe absolutely no success fee. For the Standard Package, if a second response is required, the Client may purchase a second response for a flat fee of $500, in which case the original $1,000 success fee is waived in its entirety.

07 Client Responsibilities and Control

You agree to provide accurate, complete, and timely information regarding your trademark and its usage in commerce. You are solely responsible for verifying the factual accuracy of all statements made in the drafted response. Trademark Scrivener will not remove goods/services, disclaim terms, or alter the fundamental scope of your application without your explicit, written consent. You maintain absolute control over the final filing.

08 Disclaimer of Guarantees

The USPTO Examining Attorney exercises complete discretion over the adjudication of trademark applications. While Trademark Scrivener builds robust, precedent-backed responses based on comprehensive research, we cannot, do not, and will not guarantee the approval, publication, or registration of your trademark. Past outcomes utilizing the TRACE™ administrative engine do not guarantee future results.

09 Limitation of Liability

To the maximum extent permitted by law, Trademark Scrivener's liability for any claim arising out of or relating to these services shall be strictly limited to the total amount of fees you have actually paid to us under this agreement. In no event shall Trademark Scrivener be liable for any indirect, incidental, special, or consequential damages, including loss of business, loss of trademark rights, or loss of profits.

10 Confidentiality and Non-Disclosure

Trademark Scrivener agrees to maintain the strictest confidentiality regarding all non-public business strategies, proprietary data, and sensitive information shared by you during the course of our engagement. We will not disclose, sell, or distribute your private information or your customized TRACE™ report to any third parties without your explicit written consent.

However, you acknowledge and agree that any formal responses, arguments, or documents officially filed and submitted to the USPTO on your behalf will inherently become part of the public domain and public record, and are exempt from this confidentiality clause.