Legal notice and Terms of Use
By using this website you’re bound by its terms and are expected to know what’s in this legal notice.
Representation by Berdinis Law PC
Your use of this website doesn’t mean you’re being represented by Berdinis Law PC. You’ll become a client only when you acknowledge and countersign a copy of our engagement letter and we’ve had a chance to check for any conflicts of interest. Until that point, all the information on this website is meant only as general information and not as individual legal advice to you for your specific circumstances. Sending us an email or calling us also isn’t enough to make you a client of the firm and we won’t have any attorney-client relationship. Our engagement will be limited entirely to the services that you choose to have, which will be specified in our engagement letter.
As explained in our engagement letter, we reserve the right to decline representation for any reason. If we decline representation, we’ll refund the fee you paid to us. We won’t refund any fees we paid to the Trademark Office on your behalf.
If the laws or ethical rules where you live don’t allow legal solicitations through a website, then please don’t consider this as a solicitation.
By having this website and being physically located in New York, Berdinis Law PC is practicing law in the state of New York only.
Our testimonials are the opinions of the people who wrote them. Although those people may have been able to obtain a registration, that doesn’t mean that you will. Whether or not you’re able to get a registration depends, mostly, on the trademark that you’re trying to register and to the personal legal judgment of the Trademark Office examiner. We’ll do all we can within the bounds of legal ethics to help you achieve your goal, but we can’t guarantee an outcome. Prior results do not guarantee a similar outcome.
Scope of Services for Fixed Fees
Bee One
We will
- Provide help on our website, but we have no way of knowing – and we won’t ask you – if you read and understood that help or whether that help is adequate for you.
- Review the following information you provide through the website and suggest changes to improve your chances of getting a registration:
- The word mark content;
- The wording used in the goods and services description;
- The division of goods and services into international classes;
- The description of any logos or special character marks; and
- The need for a disclaimer.
- Prepare and file an application to register your trademark.
- Act as the attorney-of-record for your application.
We will NOT:
- review the information you entered for accuracy, clarity, appropriateness, grammar, spelling - other than providing the report we prepare and the limited list of items above.
- report to you before filing your application whether your application is likely to fail for any reasons other than those in the report.
- help you if your application is challenged, rejected, or refused, or if it dies at any stage - unless you engage us for those services.
- prepare or file a Statement of Use or requests for more time to file a Statement of Use - unless you engage us for those services.
- guarantee your success in getting a registration.
You are completely assuming the risk that your application will have errors, perhaps fatal errors, by choosing this level of service.
Bee Two
We will
- Prepare and send you a report giving you our professional judgment about the likelihood of having your application rejected because the trademark you propose is generic or merely descriptive or confusingly similar to trademarks that are registered with the U. S. Trademark Office or subject to live applications at the U. S. Trademark Office.
- Provide help on our website, but we have no way of knowing – and we won’t ask you – if you read and understood that help or whether that help is adequate for you.
- Review the following information you provide through the website and suggest changes to improve your chances of getting a registration:
- The word mark content;
- The wording used in the goods and services description;
- The division of goods and services into international classes;
- The description of any logos or special character marks; and
- The need for a disclaimer.
- Prepare and file an application to register your trademark.
- Act as the attorney-of-record for your application.
We will NOT:
- review the information you entered for accuracy, clarity, appropriateness, grammar, spelling - other than providing the report we prepare and the limited list of items above.
- report to you before filing your application whether your application is likely to fail for any reasons other than those in the report.
- help you if your application is challenged, rejected, or refused, or if it dies at any stage - unless you engage us for those services.
- prepare or file a Statement of Use or requests for more time to file a Statement of Use - unless you engage us for those services.
- guarantee your success in getting a registration.
You are completely assuming the risk that your application will have errors, perhaps fatal errors, by choosing this level of service.
Bee Three
We will
- Make every reasonable effort to help you make informed choices about all aspects of your application.
- Prepare and send you a report giving you our professional judgment about the likelihood of having your application rejected because the trademark you propose is generic or merely descriptive or confusingly similar to trademarks that are registered with the U. S. Trademark Office or subject to live applications at the U. S. Trademark Office.
- Prepare and file your application with the information that you choose based on our explanation and advice.
- Act as the attorney-of-record for your application.
- Respond to a single office action, if necessary, based entirely on one or more of the following:
- Section 1201 – Owner of Trademark
- Section 1202 – Use of Subject Matter as Trademark
- Section 1213 – Disclaimer of Elements in Trademark
We will NOT:
- help you with an office action that has issues other than Section 1201, Section 1202, or Section 1213.
- help you if you receive a final refusal - unless you engage us for those services.
- help you if your application is opposed by a third party - unless you engage us for those services.
- prepare or file a Statement of Use, or requests for more time to file a Statement of Use - unless you engage us for those services.
- help you with divisions or any other filings – unless you engage us for those services.
- guarantee your success in getting a registration.
You are assuming the risk that decisions you make after consulting with us will not have the desired outcome.
Bee Four
We will
- Make every reasonable effort to help you make informed choices about all aspects of your application.
- Prepare and send you a report giving you our professional judgment about the likelihood of having your application rejected because the trademark you propose is generic or merely descriptive or confusingly similar to trademarks that are registered with the U. S. Trademark Office or subject to live applications at the U. S. Trademark Office.
- Prepare and file your application with the information that you choose based on our explanation and advice.
- Act as the attorney-of-record for your application.
- Respond to an office action.
We will NOT:
- help you if you receive a final refusal, unless you engage us for those services.
- help you if your application is opposed by a third party, unless you engage us for those services.
- help you with divisions or any other filings – unless you engage us for those services.
- guarantee your success in getting a registration.
You are assuming the risk that decisions you make after consulting with us will not have the desired outcome.
Scope of A la Carte Services
Researching potential trademarks for registrability.
We will prepare and send you a report giving you our professional judgment about the likelihood of having your application rejected because the trademark you propose is generic or merely descriptive or confusingly similar to trademarks that are registered with the U. S. Trademark Office or subject to live applications at the U. S. Trademark Office.
We will NOT:
- tell you whether or not your application is likely to fail for any reasons other than those in the report.
- provide any services except this specific task - unless you engage us for those services.
- guarantee your success in getting a registration.
Advising you on whether you are likely to be successful in responding to an office action.
We will review the office action, research the information, case law, applications, registrations, and other information that may be cited by the examiner and give you our professional judgment on the likelihood of successfully responding to the examiner’s concerns and reasons for refusal.
We will NOT:
- prepare the response - unless you engage us for those services.
- provide any services except this specific task - unless you engage us for those services.
- guarantee your success in responding to the office action or getting a registration.
Preparing and filing a response to a simple office action.
We will respond to a single office action based entirely on one or more of the following:
- Section 1201 – Owner of Trademark
- Section 1202 – Use of Subject Matter as Trademark
- Section 1213 – Disclaimer of Elements in Trademark
We will NOT:
- help you if you receive an office action based on anything other than Section 1201, Section 1202, or Section 1213 - unless you engage us for those services.
- provide any services except this specific task - unless you engage us for those services.
- guarantee your success as a result of the response or in getting a registration.
Preparing and filing a response to a complicated office action.
We will respond to a single office action sent by the Trademark Office.
We will NOT:
- help you if you receive a final refusal.
- provide any services except this specific task - unless you engage us for those services.
- guarantee your success as a result of the response or in getting a registration.
Preparing and filing a Statement of Use and helping assure that the specimen will be acceptable to the Trademark Office.
We will:
- Collect the information we need in order to prepare a Statement of Use.
- Assist you in understanding the requirements for a specimen.
- Review the specimen you provide to let you know whether it is likely to be accepted.
- Prepare and file a Statement of Use.
We will NOT:
- provide any services except this specific task - unless you engage us for those services.
- guarantee your success in getting a registration.
Preparing and filing a request for more time to file a Statement of Use.
We will:
- Collect the information we need for the request.
- Prepare and file the request for more time to file a Statement of Use.
We will NOT:
- provide any services except this specific task - unless you engage us for those services.
- guarantee your success in getting a registration.
Scope of Services for Special Services
The scope of the services for any special services will be contained in our engagement letter, which will serve as a written agreement between you and us.
Privacy policy and practices
Privacy and confidentiality of all aspects of our representation are important issues. We do not reveal any information about you without your permission except as: (1) required to prepare, file, and prosecute your application, (2) mandated by federal or state law. You’re responsible for maintaining the confidentiality of your password.
Communicating with you
We’ll send you periodic emails for a variety of reasons. For example, we’ll send you an email to let you know that we’ve finished a task that you asked us to do, to remind you about an upcoming deadline, or to remind you to return to our website to finish your application. You have the ability to stop some of those emails through the portal.
Legal Protection of Our Website and Its Content and Our Servicemarks
This entire website and all of its contents are copyrighted by Berdinis Law PC. You may not download, print a copy of, reproduce, sell, distribute, embed, transmit, or display any of the content of the website for any commercial or non-commercial purpose, except for the extremely narrow and limited exceptions to US copyright law. Really. Just don’t do it. We know something about protecting our intellectual property.
Beeline and the happy bee logo are registered service marks of Berdinis Law PC. All other marks identified with an ® a ™ or ℠ are marks of their respective owners.
Choice of Law, Venue and Jurisdiction
These terms and conditions are governed by the laws of the state of New York. The sole jurisdiction for any action relating to legal services of Berdinis Law PC or relating to your use of this website will be New York, New York.
