Client Service Agreement
This is the agreement every client accepts at checkout. Please read it before you purchase — you can also view it any time here.
This Client Service Agreement ("Agreement") is a binding contract between you, the client ("you" or "Client"), and Marq Legal LLC, doing business as MARQ Trademarks ("MARQ Trademarks," "we," "us," or "the Firm"). By checking the box to agree, completing checkout, or paying for any service, you accept this Agreement for the service(s) you purchase. Please read it carefully and keep a copy for your records.
No promise of registration
MARQ makes NO promise, guarantee, or warranty that your trademark will be approved, published, or registered, or that any office-action response or search will achieve a particular result.
The United States Patent and Trademark Office (USPTO) has sole and exclusive authority over whether a trademark is registered. Your fee pays for the professional service and work we perform on your behalf and is earned when that work is performed, regardless of the outcome. Fees are not refundable, and no refund is owed, simply because the USPTO refuses, delays, or does not grant registration or approval. By agreeing, you acknowledge that you understand and accept this.
1. The Firm and our relationship
MARQ Trademarks is the brand name of Marq Legal LLC, an attorney-led U.S. trademark practice. Our trademark search opinions and USPTO filings are performed by, or under the supervision of, one or more licensed U.S. attorneys. When you purchase a service that involves legal work (for example, a search opinion, a registration filing, or an office-action response), a limited attorney-client relationship is created solely for the specific service you purchase and only after we accept your engagement and payment clears. That relationship is limited to the purchased scope described in Section 2; it does not obligate the Firm to provide, and does not cover, any other legal matter. Using our website, tools, blog, or free search does not by itself create an attorney-client relationship and is not legal advice.
We may decline any engagement, and we may need to run a conflicts check; if a conflict or other barrier prevents us from acting, our sole obligation is to refund fees paid for work not yet performed (see Section 8).
2. Scope of services
We will provide only the specific service(s) you purchase at checkout. The scope of each service is:
- Professional Trademark Search Report — a clearance search of U.S. federal (and, where indicated, common-law) records for the mark and goods/services you identify, with a written attorney assessment of risk and registrability. It is an opinion, not a guarantee (see Section 4).
- Complete Trademark Registration — preparation and filing of a single U.S. federal trademark application with the USPTO for the mark, owner, class(es), and goods/services you provide, plus docketing of the resulting application. It does not include responding to office actions, statements of use, oppositions, appeals, post-registration maintenance, foreign filings, or monitoring unless separately purchased.
- Office Action Response (Procedural or Substantive) — preparation and filing of a single response to one USPTO office action of the type purchased. Additional office actions, appeals to the TTAB, and other matters are separate engagements.
- Trademark Monitoring — an automated watch service that alerts you to potentially conflicting filings for the term you specify, on a recurring annual subscription. It is a monitoring/alert service only and does not include legal analysis, enforcement, or the filing of oppositions unless separately purchased.
Anything not expressly included in the service you purchased is outside the scope of this Agreement and, if you request it, will require a separate order and fee. We rely on the information you provide to define scope (such as the mark wording, owner, class(es), and description of goods/services); changes you request after work begins may require a new order.
3. Fees and payment
Our fees are the flat amounts shown at checkout for the service you purchase and are payable in advance. Payments are processed by our third-party payment processor (Stripe); we do not store your card details.
Government fees are separate. United States Patent and Trademark Office (USPTO) filing fees and any other government or third-party fees are set by the government, are not our fees, and are billed to you at cost with no markup. USPTO filing fees are charged per class of goods or services; additional classes carry additional government fees. Certain filing choices (for example, an intent-to-use application) require later government fees, such as the fee for a Statement of Use, which are your responsibility. Government fees paid to the USPTO are generally non-refundable by the government once submitted.
Recurring services (such as Trademark Monitoring) renew automatically at the then-current price for successive terms until you cancel, and you authorize us and our processor to charge your payment method for each renewal. You are responsible for any applicable taxes. Discounts or promotional credits, if any, apply only as stated and to the service specified.
4. No guarantee of results
MARQ Trademarks makes no promise, guarantee, or warranty of successful trademark registration or approval. The USPTO has sole and exclusive authority over whether any trademark application is approved, published, or registered. We do not and cannot guarantee that your application will be approved or that your mark will be registered, that an office-action response will succeed, or that any particular outcome will be achieved. Trademark examination is subjective and outside our control.
Your fees are for the professional service and work performed, not for a specific result. Our fees are earned when we perform the work you purchased and are payable regardless of the outcome. You will not receive a refund of our fee, and no refund is owed, on the basis that the USPTO refused, suspended, delayed, or did not grant registration or approval of your mark.
A clearance or search report reflects records available to us at the time of the search and our professional assessment of them. It is not a guarantee that a mark is available, registrable, or free of conflict, and it does not guarantee that your use of a mark will not infringe another party's rights. Search databases are incomplete and are updated on a delay; unregistered common-law rights, pending applications, foreign rights, and recently filed marks may not appear. Our opinion is not a warranty and should not be treated as a promise of any result. Nothing we provide is a guarantee against a third party asserting a claim against you.
5. Your responsibilities
The quality of our work depends on you. You agree to: (a) provide accurate, complete, and truthful information, including the exact mark, the correct legal owner, and an honest description of the goods/services and your use or intended use; (b) respond promptly to our requests and to any deadlines we communicate; (c) review documents we prepare and confirm their accuracy before filing; (d) provide only genuine specimens and truthful declarations; and (e) use your mark lawfully. USPTO and other deadlines are strict and often cannot be extended; if you do not respond in time or provide required information, your application or response may be delayed, refused, or abandoned, and we are not responsible for consequences caused by your delay, inaccuracy, or omission.
6. Authorization to act on your behalf
For services that involve filings with the USPTO, you authorize Marq Legal LLC and its attorneys to be appointed as your attorney/representative of record, to prepare and electronically sign and submit filings on your behalf where permitted, to receive and respond to USPTO correspondence within the purchased scope, and to communicate with the USPTO regarding your matter. You confirm that the information you provide is accurate and that you have authority to file for the identified owner.
7. Limitation of liability
To the maximum extent permitted by law, Marq Legal LLC's total aggregate liability arising out of or relating to a service — whether in contract, tort (including negligence), or otherwise — is limited to the amount of the Firm's fees actually paid by you for that specific service (excluding government fees passed through at cost). To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business, lost goodwill, or loss of trademark rights, even if advised of the possibility of such damages. This section does not limit any liability that cannot be limited under applicable law or the rules of professional conduct. Any claim relating to a service must be brought within one (1) year after the service is performed.
8. Refunds and cancellation
Because we begin work promptly, refunds are limited. If you cancel before we have begun substantive work on your service, we will refund the Firm's fee for that service. Once we have begun substantive work, fees are earned in proportion to the work performed, and only the unearned portion (if any) is refundable, at our reasonable determination. Government fees are non-refundable once submitted to the USPTO. No refund is owed on the basis that the USPTO refused, suspended, or did not grant registration or approval — our fee pays for the work performed, not for a guaranteed result (see Section 4). For Trademark Monitoring and other subscriptions, you may cancel at any time to stop future renewals; cancellation stops the next renewal but does not refund the current term. To cancel or request a refund, contact us at contact@marqtrademarks.com.
9. Indemnification
You agree to indemnify, defend, and hold harmless Marq Legal LLC and its attorneys, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) information you provided that is inaccurate, incomplete, or misleading; (b) your use, adoption, or registration of a mark, including any claim that your mark infringes or dilutes another party's rights; (c) your breach of this Agreement; or (d) your violation of any law or third-party right. This section survives termination of this Agreement.
10. Confidentiality
We treat non-public information you share with us in connection with a purchased legal service as confidential and will not disclose it except to perform the service, as you authorize, or as required by law, court order, or applicable rules of professional conduct. Certain information submitted to the USPTO becomes part of the public record. You agree that we may keep records of your matter for our files and as required by law and professional obligations.
11. Communications and electronic consent
You consent to communicate with us electronically and to receive documents, disclosures, and notices by email and through our client portal. You agree that electronic signatures and electronic records are valid and have the same effect as handwritten signatures and paper records, and that your act of checking the acceptance box and completing checkout constitutes your electronic signature to this Agreement. You are responsible for keeping your email address and contact information current. We may contact you about your matter, your account, and, where permitted, related services; you can opt out of non-essential messages.
12. Dispute resolution and governing law
This Agreement is governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally by contacting each other. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Illinois, and you consent to personal jurisdiction there; alternatively, at either party's election, a dispute may be resolved by binding arbitration administered under the rules of a recognized arbitration provider seated in Illinois. To the extent permitted by law, disputes will be resolved on an individual basis and you and the Firm waive any right to participate in a class or representative action. Nothing in this section limits your rights, or the Firm's obligations, under applicable rules of professional conduct, including any right to fee arbitration provided by law.
13. General
This Agreement, together with the order details shown at checkout, is the entire agreement between you and the Firm regarding the purchased service and supersedes prior discussions. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. We may update this Agreement prospectively by posting a new version; the version you accepted at checkout governs your purchase. You may not assign this Agreement without our consent; we may assign it to a successor to our practice. Neither party is liable for delays caused by events beyond its reasonable control.
14. Not a guarantee; attorney advertising
This material may be considered attorney advertising. Prior results do not guarantee a similar outcome. Information on our website is general and is not legal advice for your specific situation; legal advice is provided only within a purchased engagement.