Terms of Service

These Terms of Service (“Terms”) govern your use of the website at trademarks.gugliotta.law (the “Site”), a service of Gugliotta & Gugliotta, LPA, an Ohio legal professional association (“the Firm”, “we”, “us”). By using the Site you agree to these Terms.

1. Who We Are

StrongTrademarks is a service of Gugliotta & Gugliotta, LPA, a licensed Ohio law firm. The legal services described on the Site are performed by the Firm’s attorneys under an engagement letter signed by you and the Firm at checkout. Information on the Site is general and is not legal advice for your situation. No attorney-client relationship is formed by using the Site, by starting an application, or by paying our flat fee; it is formed only when you and the Firm execute the engagement letter.

2. What We Do

The Site provides a guided intake form for U.S. federal trademark applications (Sections 1(a) and 1(b)). When you submit and pay, the Firm reviews your application, prepares the filing, and files with the U.S. Patent and Trademark Office. We also track your application after filing and communicate USPTO updates to you. One administrative office action response is included (a disclaimer, an edit to the goods/services description, or another procedural fix); office actions requiring a substantive legal response are quoted separately.

3. Your Information

You are responsible for the accuracy of the information you provide, including the mark, owner identity, goods/services description, filing basis, and specimens (if any). You declare the accuracy of those facts to the U.S. Patent and Trademark Office as part of the application declaration captured at checkout, under penalty of perjury (18 U.S.C. § 1001).

4. Fees

Our flat fee covers one class of goods or services: attorney review of your application, preparation of the filing, filing with the USPTO, and the USPTO’s government filing fee, which we pay when we file. It does not cover everything that can happen after that. Your receipt shows the attorney portion and the government portion as separate lines. Additional services (substantive office action responses, statements of use, foreign filings, etc.) are quoted separately.

5. Refunds

See our Refund Policy. In short: our flat fee is earned upon receipt, and USPTO outcomes are not refund events. If attorney review determines your mark is unregistrable (e.g. generic), your fee applies toward a new application for a different mark. If we do not complete the services for any reason, you may be entitled to a refund of all or part of the fee based on the value of the work performed, as Ohio’s Rules of Professional Conduct require us to tell you. If we never file, the USPTO portion of the fee is refunded or credited in full; once paid to the USPTO, it is non-refundable.

6. No Guarantees

We do not guarantee any particular outcome — including USPTO approval of your application, that no third party will oppose your mark, or that your registration will be enforceable. Trademark outcomes depend on USPTO discretion, third-party rights, the marketplace, and many factors outside our control.

7. The Register Search

The free register search on this Site, and the same search on the Firm’s website, shows records from our copy of the USPTO’s federal trademark register. It is a screening tool, not a clearance search, and it is not legal advice. It does not look at common-law use, state registers, foreign registrations, design marks by their design, or whether the goods and services are related, and it makes no judgment about whether a mark is available or likely to be confused with another.

To keep the results useful, the public search leaves out applications and registrations the USPTO lists as abandoned, cancelled or expired more than three months ago. Ones that ended more recently still show, marked as such, because some can still be revived. Every result carries the date of our copy of the register. Our copy updates nightly from the USPTO’s files and can fall behind; when it does, the search says so, and anything filed or changed since that date will not show. A record’s status as shown can lag the USPTO’s own; the USPTO’s record controls.

8. Acceptable Use

You agree not to use the Site to submit false information, file applications you are not entitled to file, infringe third parties, or interfere with the Site’s operation. We may suspend or terminate your access for violations.

9. Privacy

Your use of the Site is also governed by our Privacy Policy.

10. Disclaimers; Limitation of Liability

The Site is provided “as is” without warranties of any kind. To the maximum extent permitted by law, neither the Firm nor its principals, attorneys, or agents are liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the Site. The Firm’s aggregate liability for any direct damages is limited to the fees you actually paid us in the twelve months preceding the claim.

11. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in Summit County, Ohio.

12. Changes

We may update these Terms from time to time. Material changes will be highlighted on the Site. Your continued use after a change constitutes acceptance of the updated Terms.

13. Contact

Questions? See our Contact page, or visit the Firm’s main site at gugliotta.law.