Terms of Service and Special Power of Attorney

IPED, LLC dba IPED Trademark Solutions

1. Introduction and Nature of the Agreement

  • 1.1 This Agreement serves as both the Terms of Service and Special Power of Attorney between IPED, LLC dba IPED Trademark Solutions ("IPED", "we", "us", or "our") and you, the client ("you", "your", or "Client"). By agreeing to these terms or making any payment to IPED, you appoint us as your agent for specified trademark and copyright matters, ensuring support and professional assistance throughout the process.
  • 1.2 This Agreement is designed to offer a streamlined, efficient process that minimizes administrative burdens and maximizes your ability to protect your intellectual property rights effectively.

2. Appointment of Agent

  • 2.1 By entering into this Agreement, you appoint IPED as your agent, authorizing us to act on your behalf in matters involving trademark and copyright applications, registrations, and maintenance. This includes, but is not limited to:
    • Conducting intellectual property research
    • Drafting responses to actions from the USPTO or U.S. Copyright Office
    • Preparing required documentation as per your instructions
    • Communicating with the relevant government offices on your behalf
    • Facilitating attorney review and filing where required.
  • 2.2 IPED commits to representing your interests with professionalism, though this appointment does not equate to legal representation in disputes or litigation.

3. Nature of Relationship

  • 3.1 IPED provides specialized research and drafting services. Our work remains non-legal in nature until it has undergone review and filing by a U.S.-licensed attorney. You maintain full control over all decisions related to your intellectual property.
  • 3.2 Our services become legal transactions only after our U.S.-licensed attorney reviews the documents. Legal representation beyond the review and filing is not provided unless explicitly agreed upon.

4. IPED’s Core Principles

  • 4.1 IPED represents our commitment to helping you complete your intellectual property matters: (IP stands for Intellectual Property; ED signifies the completion of a process).
  • 4.2 We prioritize client success by ensuring our processes are clear, transparent, and aimed at delivering results that protect your intellectual property.

5. Nature and Scope of Services

  • 5.1 You acknowledge that IPED offers non-legal services unless and until the attorney review is completed. Our services include professional research and drafting support for trademark and copyright matters.
  • 5.2 For applicable service packages, our U.S.-licensed attorney will review all documents prepared by IPED to ensure compliance with legal standards before filing.
  • 5.3 To facilitate accurate preparation and filing, you agree to provide IPED with complete and accurate information.

6. Attorney Review and Filing Process

  • 6.1 IPED’s U.S.-licensed attorney will review all documents prepared by IPED to ensure compliance with the relevant legal standards.
  • 6.2 Once reviewed, the attorney will file the documents on your behalf, transforming non-legal work into compliant legal filings.
  • 6.3 While IPED ensures that your filings meet legal requirements, the ultimate responsibility for the ongoing protection of your intellectual property remains with you.

7. Client Responsibilities

  • 7.1 You agree to provide IPED with clear, timely, and detailed instructions concerning your intellectual property matters.
  • 7.2 You are responsible for reviewing all documents prepared by IPED promptly to avoid delays in filing.
  • 7.3 You must ensure that all information provided to IPED is accurate and complete.
  • 7.4 You agree to follow any further instructions from IPED or its attorney regarding the review and filing process.

8. Scope of IPED’s Services

IPED offers a wide range of services to assist you in managing trademark and copyright matters. Our services include:

  • Conducting comprehensive trademark searches
  • Preparing and drafting trademark applications
  • Responding to USPTO office actions
  • Trademark maintenance and renewal filings
  • Guidance on copyright registration processes
  • Drafting copyright applications and related documents
  • Providing strategic advice on intellectual property protection.

For details on IPED services, kindly refer to Packages page:

9. Fees and Financial Responsibility

  • 9.1 Our fees cover research, drafting, and, for applicable packages, legal review services as specified. No hidden fees will be charged for these services.
  • 9.2 You are responsible for any government fees associated with your filings. IPED will inform you of these costs before proceeding.

10. IPED’s Commitment to You

  • 10.1 We commit to delivering services within the timeframes specified in your package.
  • 10.2 While we cannot guarantee specific outcomes due to factors beyond our control, we guarantee thorough research and professional drafting in accordance with your instructions.
  • 10.3 We will maintain open communication to keep you informed of the status of your applications throughout the process.

11. Trademark Protection and Enforcement

Once your trademark or copyright is secured, you bear responsibility for enforcing and protecting your rights. IPED can provide further strategic guidance, but any services beyond the filing process require a separate agreement.

12. Dispute Resolution and Chargebacks

  • 12.1 Should any disputes arise, IPED encourages you to contact us directly before initiating chargebacks to allow for an efficient resolution.
  • 12.2 If a chargeback is initiated without attempting to resolve the issue with us, IPED reserves the right to cease further services and may charge an administrative surcharge.

13. Delays, Refunds, and Outcome Disclaimer

  • 13.1 If IPED causes delays, you may be entitled to a refund of $10 per day, capped at 20% of the service fee.
  • 13.2 If delays caused by IPED lead to abandonment of your application, we will cover the necessary government fees to reinstate your application.
  • 13.3 IPED cannot guarantee specific outcomes, but we guarantee that our services are performed diligently, professionally, and in line with best practices.

14. Contract Formation and Execution

  • 14.1 A contract is formed when there is a clear mutual understanding and agreement on the essential terms of the services to be provided.
  • 14.2 The contract is considered accepted when the Client provides confirmation or makes payment.
  • 14.3 Once perfected, the contract becomes legally binding on both parties.
  • 14.4 This Agreement is executed upon your agreement to these terms or upon making any form of payment to IPED, whichever occurs first.
  • 14.5 You understand and agree that by making any payment to IPED, you are explicitly agreeing to these terms and granting IPED the authority described herein.

15. Cancellation and Remedies

  • 15.1 Cancellation After Perfection: If the Client cancels the contract after it has been perfected, IPED shall be entitled to the following remedies:
    • a. Specific Performance: IPED may seek specific performance, requiring the Client to fulfill their obligations under the contract.
    • b. Cancellation Fee: Alternatively, the Client agrees to pay 30% of the total contract amount as a cancellation fee.
  • 15.2 IPED reserves the right to choose which remedy to pursue in the event of cancellation after contract perfection.
  • 15.3 If IPED opts for the cancellation fee, the Client shall pay 30% of the total contract amount within 15 days of the cancellation notice.

16. Duration of Agreement

This Agreement shall remain in full force and effect until revoked by you in writing or until the specific matter for which this agreement is given has been fully accomplished, whichever occurs first.

17. Ratification

You hereby ratify and confirm all that IPED shall lawfully do or cause to be done by virtue of this Agreement and the rights and powers granted herein.

18. Indemnification

You agree to indemnify and hold harmless IPED against any and all claims, losses, liabilities, costs, or expenses whatsoever, arising out of or in connection with acts performed by IPED in good faith pursuant to this Agreement.

19. Amendments

IPED reserves the right to amend these Terms of Service at any time. You will be notified of any changes through our website or other means of communication. Continued use of our services after such amendments constitutes your acceptance of the new terms.

20. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

21. Entire Agreement

These terms, along with any quotation or invoice provided, constitute the entire agreement between the parties. By entering into this Agreement, you acknowledge that IPED is committed to providing professional, diligent, and transparent services for your intellectual property needs. Should you have any concerns, we remain available to assist you at every stage of the process.

22. Amendments

IPED reserves the right to modify these Terms of Service at any time, with or without notice to the client. Any changes will be posted on our website or communicated through other means. Continued use of our services after such modifications constitutes your acceptance of the revised terms.