Last updated October 18th, 2021
The tmtko.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 TM TKO 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.
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 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 TM TKO, 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 directly with a TM TKO Service. TM TKO 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.
TM TKO 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, and access to the Services are agreed to be 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. TM TKO 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.
TM TKO has taken reasonable steps to ensure the accuracy of information presented to the user. TM TKO, 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, TM TKO uses machine translation for marks, mark terms, goods/services lists, and more. TM TKO 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 TM TKO ("Report"), any for whatever additional legal research or advice that may be necessary. TM TKO 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 prorated daily fees paid by the user on the day of that Report (i.e. 1/365th the cost of an annual single-user subscription), (or for the fee paid for that specific Report, if purchased transactionally). A Report is confidential and may not be furnished to others by TM TKO, except where TM TKO is required to do so by law. TM TKO will not view your Reports unless (a) asked to do so or (b) to investigate and resolve service errors, impairments, or outages. 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 TM TKO harmless of any direct or indirect claims related to the Service or the Site, and to indemnify TM TKO 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, you (neither you individually nor your employer on whose behalf you are acting) will not assert, nor will you authorize, assist, or encourage any third party to assert, against TM TKO 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 TM TKO or its service offerings.
TM TKO may provide an English translation of goods/services and marks in the event that a trademark office does not do so. Additional fields, such as disclaimers, may also be translated. In these cases, TM TKO will identify that the relevant description is translated. Whenever provided, translations should be considered a convenience. TM TKO uses third-party machine translation services; machine translation is great, but is not completely accurate or effective. TM TKO expressly disclaims the accuracy and comprehensiveness of any translations offered in any records retrieved from the Site. TM TKO may 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 TM TKO.
Where the Service provides links to or incorporates or provides information from external sites, TM TKO 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 TM TKO 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 TM TKO. 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. 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. Lead generation services may be purchased via a set budget, and billed at the end of a month, or via such other payment method provided on the Site.
TM TKO 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 TM TKO. You may not share your password with any other users, or have multiple users with a single login. "Unlimited" search subscriptions cover normal unlimited use of up to several hundred searches per user per month, on an annualized basis. Bulk searching and select lead generation tools (as indicated in the Site) are not included within the “unlimited” subscription scope. If Your use exceeds the expected levels or is expected to do so, TM TKO reserves the right to require You to purchase a different subscription level to reflect that unusually high-volume use. 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 TM TKO has no further responsibility to retain data for the now-cancelled account.
Acceptance of Changes to this Agreement
TM TKO reserves the right to change the 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.