Trademark Search and Analysis Terms of Service
These Trademark Search and Analysis Subscription Terms of Service govern your purchase of a trademark search service. They incorporate Origami Legal’s General Terms of Service.
Registration Services Not Included
Trademark registration services are not included in the purchase of a trademark search and must be purchased separately. Different terms of service apply to trademark registration services.
Timeliness of Search Results and Analysis
You understand that delaying a decision to utilize a trademark and apply for a registration decreases the likelihood that the trademark will be available for use when you begin to use the mark.
Trademark search results are current only to the moment the search occurs. Due to the nature of trademark law in the United States, it is possible that a conflicting trademark that did not exist when the search was performed exists after the search is performed. Less commonly, changes in trademark law may make Origami Legal’s analysis outdated after it has been performed.
For these reasons, if you decide that you will utilize the trademark after reviewing Origami Legal’s analysis, we highly recommend that you move quickly to apply for a federal registration where possible, or a state registration when a federal registration is not permitted.
Your desired trademark will be analyzed for it’s ability to function as a trademark under U.S. law as well as its ability to be registered on the federal trademark registrar. However, trademark law is not a science – an analysis of the same trademark by different legal professionals may yield different results. While we are confident in our analysis, we cannot and would not guarantee that an examining attorney or other legal professional would reach the same conclusions that we reach. For that reason, while we endeavor to candidly community our confidence level when providing advice based on our analysis, we cannot guarantee you any result in a trademark application or otherwise.
Search Limitations & Disclaimers
No trademark search is perfect, no matter how thorough. The nature of trademark law in the United States means it is always possible that a search will miss a conflicting common-law trademarks, or even a cofnlicting registered trademark. Additionally, the analysis of the search results is the analysis of one attorney only – there is guarantee that a USPTO examining attorney, the trademark trial and appeal board, a judge, or other party will share Origami Legal’s analysis, so it is possible that a trademark that Origami Legal believes does not conflict with your trademark will ultimately found to be conflicting.
Screening Search Limitations
A Screening Search is the most limited search that Origami Legal offers. It is the most likely search to fail to identify conflicting marks, and you acknowledge that Origami Legal has advised you of the advantages of commissioning a more thorough search.
While an Enhanced Search is adequate in many cases, it is more likely than a Deep Search to fail to identify conflicting trademarks. You understand that relying on an Enhanced Search without commissioning a Deep Search increases the risk that the search will miss conflicting marks.
While we are confident that the Deep Search is a good investment in your brand, no search is perfect, and the nature of trademark law in the United States means that even the most thorough search may miss conflicting trademarks.
Effective on February 8, 2021.