Last updated August 7th, 2021
The TrademarkClear.com website (together with any alternative means of accessing the Services, like third-party integrations or a mobile app, the "Site") provides access to the TrademarkClear.com information services ("Services"). For the purposes of this agreement, the Services includes access to proprietary databases, non-proprietary databases, to search graphs, charts, and analysis, to watch service tools, to document creation tools, to order placement and retrieval services, and to any additional tools, products or services that are or may in the future become available on the Site. TrademarkClear.com is owned and operated by TM TKO, LLC ("TM TKO"). All references to TrademarkClear.com include TM TKO.
A user ("You") is any individual, company, law practice or other entity accessing any Services, and "You" refers both to you individually and Your organization.
Use of any Services constitutes acceptance of this user agreement. If you do not accept any portion of the user agreement, exit the Site without using it, and delete your user account.
Limitations and Intellectual Property
All information and analysis accessed via the Service is protected by copyright and/or database compilation protections. Content from third-party data providers is the intellectual property of the provider, unless expressly disclaimed by that provider. Information retrieved from the Service via the Site cannot be duplicated, reproduced, distributed, or otherwise disseminated without the express written permission of TrademarkClear.com, and cannot be resold or repackaged. Limited reproduction of a single search report or other analysis is allowable within your organization and, for legal practitioners or businesses, by your direct client or your client's agents. No reproduction rights are granted to you for the purpose of engaging in a trademark search, research, or watch notice business, or if you compete with a TrademarkClear.com Service in any way. TrademarkClear.com makes no claim of copyright ownership to any information in the public domain, although it claims copyright ownership in proprietary data and analysis derived from that public domain information.
TrademarkClear.com expressly prohibits the user from downloading substantial portions of any proprietary or non-proprietary databases provided on the Site. All robotic or otherwise automated modes of query generation and record retrieval, and any use of the Services via anonymous proxies, are expressly prohibited, as is any abusive behavior. You agree that any unauthorized access to the Services is a violation of the Computer Fraud and Abuse Act.
You may not reverse engineer, interfere with, modify, or disable any features, functionality, or security controls of the Site, Services, or the API. You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Site, the Services, or the API. You may not decompile, reverse engineer, create derivative works from or otherwise disassemble or modify the Site, the Services, or technology. You may not use the Site, Services, the API, or the data or reports provided by the Services to create or in the process of creating any products or services that are competitive with any of the Services, or to create products or services that mimic the look and feel or copy or attempt to copy the specific underlying methodology or scoring algorithm of any the Services.
Disclaimer of Warranties and Liability and Indemnification
The Service provides information and statistical data and analysis meant to highlight marks that may pose significant registration risks. The Service is not and is not to be construed as a legal opinion as to whether a trademark may be registered or used. TrademarkClear.com is not a law firm and cannot and will not issue any legal opinions. It is the responsibility of the user to obtain necessary legal counsel on any information retrieved from the Service, if desired.
TrademarkClear.com has taken reasonable steps to ensure the accuracy of information presented to the user. TrademarkClear.com, and other partners, licensors, or information providers with information available at the Site expressly disclaim all express or implied warranties as to the accuracy, non-infringement, comprehensiveness, currency, or suitability of purpose of any of the information retrieved. The accuracy of data retrieved from the USPTO or other national, supranational, or non-governmental trademark offices, and other types of data presented in a search report, is disclaimed. In addition to translation data received from certain IP Offices, TrademarkClear.com uses machine translation for marks, mark terms, goods/services lists, and more. TrademarkClear.com uses major commercial vendor(s) for these translations. Machine translation is, of course, imperfect, and TM TKO disclaims any assurances that these translations are complete or accurate.
For trademark searches performed by the Service, user understands that trademark searches are highly subjective and idiosyncratic, and that the Service's statistical analysis does not attempt to analyze all of the factors that an attorney would analyze in determining registrability, and does not analyze the factors it does analyze (mark similarity or goods/services similarity) in the same way a human lawyer or trademark examiner would do. The Service will not necessarily identify all relevant or representative risks. Moreover, the Service does not identify marks that could impact registrability but are beyond the scope of the Service's data and searching strategy. The Service does not attempt to identify "famous" marks under dilution law, or certain types of state trademark registrations or common-law trademark rights. Users are solely responsible for review, interpretation and use of the particular report order by the user and provided by TrademarkClear.com ("Report"), any for whatever additional legal research or advice that may be necessary. TrademarkClear.com expressly disclaims any express or implied warranties as to the accuracy, non-infringement, comprehensiveness, currency, or suitability of purpose of any Report. Any liability related to conduct of the search and preparation of a Report is limited to refund of the fees paid by the user for that Report or other action. A Report that you purchase is confidential and may not be furnished to others by TrademarkClear.com, except where TrademarkClear.com is required to do so by law. TrademarkClear.com will not view your paid Reports unless (a) asked to do so or (b) to investigate and resolve service errors, impairments, or outages. Free Reports may be saved at a capability URL (a unique, cryptographically-generated string of characters) and will be tagged to not be indexed by search engines, but are not confidential or private in any way and can be viewed by anyone who knows that URL. Paid Reports may also saved at capability URLs, but You may be permitted to further limit access to those Reports by requiring a password to access them. A Report should only be used for the purpose of determining the availability of the mark for which the research is provided, or for whatever related purpose the Report has been generated.
You agree to hold TrademarkClear.com harmless of any direct or indirect claims related to the Service or the Site, and to indemnify TrademarkClear.com against any claims made by a third party related to Your use or the third party's use of the Service or the Site.
During and after the term of this Agreement, neither You nor any employer, employee, or agent will assert, authorize, assist, or encourage any third party to assert, against TrademarkClear.com or any of our affiliates, customers, vendors, business partners, licensors, licensees, officers, directors, or employees, any patent infringement or other intellectual property infringement claim regarding TrademarkClear.com or its service offerings.
TrademarkClear.com may provide an English translation of goods/services citations in the event that a trademark office does not do so. Additional fields, such as disclaimers may also be translated. Whenever provided, translations completed by third-party machine translation services, and is for information purposes only and is not represented to be completely accurate or effective. TrademarkClear.com expressly disclaims the accuracy and comprehensiveness of any translations offered in any records retrieved from the Site. TrademarkClear.co may or may not not provide translations on all records for which a translation may be relevant, and does not assume responsibility for missing translations. It is the responsibility of the user to review and verify any translation or lack of translation offered by TrademarkClear.com.
Where the Service provides links to or incorporates or provides information from external sites, TrademarkClear.com expressly disclaims and does not endorse the accuracy and comprehensiveness of any data retrieved through these links, and does not vouch for the safety of any of those sites. Data is retrieved from the USPTO, Internet search engines, or comparable data providers, and TrademarkClear.com is not liable for errors, omissions, or currency of the data presented. It is the sole responsibility of the user to determine if the information found, is, in fact, both accurate and associated with the mark selected. The failure of any "external" tools to retrieve specific information is not and may not be construed as proof that the information does not exist or is not retrievable. The user should always take reasonable steps to confirm information retrieved from the Service.
The user understands and agrees that they are bound by any additional disclaimer of warranty included with any product or service provided by TrademarkClear.com. In particular, the user is bound by any disclaimer included with a search report retrieved from the Site.
Charges and Payment
You are responsible for any charges incurred while your account and password are being used. If your service is prepaid, and you purchase a number of units over a set period of time, you agree that the units purchased will expire when the set period of time expires. For instance, if you purchase 100 units to use in one year, any unused units expire one year from the date of purchase. Any "overage" units are charged at the overage rate for the number of units purchased, unless you upgrade to the next package level. You agree to pay all fees (including any applicable taxes) incurred as a result of your use of Services at the time of purchase or within thirty (30) days of the invoice date.
TrademarkClear.com reserves the right to change any fee for any product or service offered on the Site at any time prior to purchase.
Termination of Service
Your access to specific information, and specific to information accessed with your username and password, may be terminated at any time and for any or no cause by TrademarkClear.com. You may not assign your rights or obligations to any component of the Service to any other individual, law firm, company, or entity. This Agreement also terminates if and when you close your account, at which point TrademarkClear.com has no further responsibility to retain data for the now-cancelled account.
Acceptance of Changes to this Agreement
TrademarkClear.com reserves the right to change this user agreement at any time and without prior notice. Changes to the user agreement will be posted to the Site. By using the Site after any change in the user agreement is posted, you agree to be bound by any change to said agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
This Agreement, any issues (including intellectual property) related to the Service, and your rights and obligations under this Agreement shall be solely governed by the laws of the United States of America and the State of Tennessee governing contracts wholly entered into and wholly performed within the State of Tennessee. Any disputes regarding this Agreement or the Service may be addressed solely in the state or federal courts for Davidson County, Nashville, TN.