Terms of Service
These Terms of Service ("Terms") apply to your use of www.markmylogo.com and app.markmylogo.com (together, the "Sites") and to the trademark services offered through them. MarkMyLogo is a service of Kimball Anderson, a law firm ("Kimball Anderson," "we," "us," or "our"). By using the Sites or submitting the application form, you agree to these Terms. If you do not agree, please do not use the Sites.
1. Who we are
Legal services offered through MarkMyLogo are provided by licensed attorneys at Kimball Anderson. MarkMyLogo is the name of the service, not a separate law firm.
2. No legal advice, and when we become your lawyers
The information on the Sites, including the filing guide and FAQ, is general information. It is not legal advice for your situation.
Using the Sites or submitting the application form does not create an attorney-client relationship. That relationship begins only when Kimball Anderson confirms in writing, such as by engagement letter or email, that it will represent you. Before agreeing, we check for conflicts of interest, and we may decline any matter. Until we confirm representation, please do not rely on the Sites for legal decisions or deadlines.
We treat what you submit through the form as confidential, even before representation begins.
3. The service
For our flat attorney fee, we review the information you submit, prepare a U.S. federal trademark application (based on current use of the mark or on your intent to use it), file it with the United States Patent and Trademark Office (USPTO) after you approve it, and handle the application through registration, as described on the Sites.
Unless we agree otherwise in writing, the flat fee does not include:
- For intent-to-use applications, the Statement of Use and any extension requests, which are priced separately.
- A substantive response to a USPTO Office Action, or a third-party opposition or other dispute.
- A trademark clearance search or opinion.
- Filings outside the United States.
- Maintenance and renewal filings after registration.
If any of these come up, we will explain what is needed and agree on a fee with you before doing the work.
4. Submitting the form does not file your application
Nothing is filed with the USPTO when you submit the form. An attorney first reviews your information and follows up with you. We file only after you have reviewed and approved the completed application and the USPTO filing fee has been paid.
5. Your responsibilities
- Accurate information. You agree that everything you give us is true, correct, and complete, and that you will tell us promptly if anything changes. A trademark application includes a declaration made under penalty of federal law, and false statements can make an application or registration invalid. We rely on the information you provide.
- Your right to the materials. You confirm that you own or have permission to use the logo, specimens, and other materials you upload, and that you are authorized to act for the applicant.
- Responding to us. USPTO deadlines are strict. You agree to respond promptly when we ask for information or approval. We are not responsible for a missed deadline caused by a delay in your response.
6. No guarantee
The USPTO decides whether a trademark is registered, and third parties may oppose an application. We cannot guarantee that your application will be approved or registered, how long the USPTO will take, or that your mark does not conflict with the rights of others.
7. Fees and payment
Our current fees are listed on the pricing section of the main site and are confirmed before you approve your application. USPTO fees are charged by the USPTO, not by us, and are passed through at cost. We may change our prices for future work, but a change will not affect work we have already agreed to do for you.
8. Refunds
If you cancel before we file your application with the USPTO, we will refund the attorney fee in full. Once your application has been filed, the attorney fee is not refundable. USPTO fees cannot be refunded once they have been paid to the USPTO.
9. After registration
After your mark registers, the USPTO requires maintenance filings, including between the 5th and 6th years after registration and every 10 years. These filings are not part of the flat fee. Keeping the registration active is your responsibility unless you engage us separately to handle it.
10. Using the Sites
You agree not to misuse the Sites. For example, you may not submit false or misleading information, upload material you do not have the right to use or that contains malware, try to access systems or data you are not authorized to reach, or use automated tools to scrape the Sites or overload them.
The content of the Sites, including text, the filing guide, and the MarkMyLogo name and logo, belongs to Kimball Anderson. You may read and share it for personal, non-commercial use. You may not copy or republish it for commercial purposes without our permission. You keep all rights in the trademark, logo, and other materials you submit.
The Sites link to other websites, such as the USPTO and Calendly. We do not control those websites and are not responsible for them.
11. Disclaimer and limits on liability for use of the Sites
The Sites and their general information are provided "as is." We try to keep them accurate and available, but we do not promise that they are error-free, up to date, or always available. USPTO rules and fees change, so always check current requirements at USPTO.gov.
To the fullest extent permitted by law, Kimball Anderson is not liable for indirect, incidental, or consequential damages arising from your use of the Sites or reliance on their general information. This section applies only to the Sites and their general content. It does not limit any obligation Kimball Anderson owes to its clients under the rules of professional conduct.
12. Privacy
Our Privacy Policy explains how we collect, use, and protect your information, including the fact that information filed with the USPTO becomes public record.
13. Governing law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. Any dispute relating to these Terms or the Sites will be resolved in the state or federal courts located in Salt Lake County, Utah, and you consent to the jurisdiction of those courts. If you become a client, any written engagement agreement between you and Kimball Anderson controls if it conflicts with these Terms.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the effective date at the top of this page. Changes apply to your use of the Sites after they are posted and do not change the terms of work we have already agreed to do for you.
15. Contact us
Kimball Anderson
Email: contact@kimballanderson.com