Trademark Application Agreement

Before signing this agreement to hire Boss Formula® Media (“BFM”), it is important to understand the following terms and conditions. Boss Formula® Media operates solely as a consultant and guide, and not as an attorney or legal representative. 

By signing this agreement, you acknowledge and understand that you are responsible for consulting with a licensed attorney whenever necessary or appropriate.

Requirement of Use in Commerce for Trademark Protection

You understand and agree that trademark registration of [She Is Me Empowerment] requires actual use in commerce. Evidence, documentation, receipts, and/or records may be required to establish and verify the date of first use. 

You further understand that you may only apply for trademark classes in which you have genuinely used and continue to use the name or mark, including “She Is Me Empowerment.”

Ongoing Cooperation and Communication

You agree to fully collaborate and cooperate throughout the trademark application process by providing any necessary information, records, or supporting documentation when requested. You also agree to provide access to an email account that may be designated for trademark correspondence, allowing both the primary owner/applicant and BFM as a secondary contact to receive communications from the USPTO. 

Application Scope, Accuracy, and Process 

You acknowledge and agree that only the goods, services, classes, and categories in which the mark is currently and legitimately being used may be included in the application. Proposed future plans, ideas, or intended services/products that are not presently in use should not be included (unless you choose to file an additional application or submit an Intent-to-Use application.). 

If false, inaccurate, fabricated, or misleading information is submitted as part of the application, Boss Formula® Media shall not be held liable or responsible for any resulting issues, refusals, penalties, or legal consequences. You understand that the USPTO may terminate your application and classify it as fraudulent if the submitted information is found to be false or misleading. 

You further understand and acknowledge that trademark registration is a complex process. Even with professional assistance, trademark applications may receive office actions, oppositions, delays, or rejections by the USPTO or third parties.

USPTO Application Process 

Some applications may be processed within 6 months, while others can take a year or longer depending on the USPTO review process. A pending trademark application is also valuable because it establishes your priority date, which can help protect your rights to the mark while the application is being reviewed. 

Boss Formula® Media will provide updates throughout the trademark application process as needed. You understand and acknowledge that trademark applications go through multiple stages of review by a USPTO examining attorney. This review process may include determining whether the mark is already in use, assessing the likelihood of confusion with existing marks, and requesting additional information or verification of proof of use when necessary.

If the application is approved by the examining attorney, the mark may then proceed through additional phases, including publication for opposition, during which members of the public or third parties are given the opportunity to oppose the registration of the mark. You understand that these stages are part of the standard trademark review process and are outside the control of Boss Formula® Media.

Teamwork Is Essential for Your Brand and Business Success

It is strongly recommended that you share only pertinent and necessary information with your designated team, consultant, or attorney throughout the trademark process. You agree to refrain from publicly disclosing sensitive details or sharing application-related information outside of that circle until the process has been fully completed. This includes avoiding discussions or disclosures on social media platforms, forums, public groups, or similar channels in order to help maintain the integrity and alignment of the application process.

Third-Party Information Disclaimer

At any time, you may seek or consider advice and information from third parties, including but not limited to online sources, websites, social media platforms, forums, and other external content. However, BFM will collaborate only to a limited extent and is not responsible for any decisions made or any undesirable outcomes resulting from reliance on such third-party advice, information, or sources.

No Guarantee of Trademark Application Approval or Registration

No outcome or approval is guaranteed.

Additionally, you understand and agree that any work completed, prepared, designed, or developed by Boss Formula® Media — including but not limited to digital portfolios, branding materials, application preparation, consultations, or related services — is nonrefundable. All payments made are final regardless of whether the trademark application is pending, approved, denied, opposed, or otherwise unsuccessful. Once work has been performed, no refunds will be issued under any circumstances.

PAYMENT NETWORK 

You may choose to pay in full or select a flexible two-part payment option (“Flex Pay”). Under the Flex Pay arrangement, the first payment is due when Boss Formula® Media begins preparation and processing of the trademark application, and the second payment is due once the application has been officially submitted.

It is important to understand that Boss Formula® Media may or may not be able to assist in responding to office actions issued by the USPTO, depending on the nature, complexity, and legal scope of the office action itself. Boss Formula® Media will remain transparent and communicate honestly with you throughout the process regarding what assistance can reasonably be provided.

While Boss Formula® Media has successfully helped overcome challenging office actions in the past, no outcome can be guaranteed. Cooperation, communication, and teamwork between all parties involved should remain a priority throughout the trademark process.

Payment Structure Breakdown 

You agree to pay $700 for the preparation and submission of the application. You understand that any additional costs, including fees for each class listed in your application, are separate. The current USPTO filing fee is typically $325 per class, or any amount required by the USPTO at the time of filing. This fee is paid directly to the USPTO, and Boss Formula® does not collect or retain those funds.

We accept payment through Zelle, as well as approved payment arrangements under the Flex Pay option. An initial installment payment is required before any work begins, unless payment is made in full upfront. 

By signing this contract, you agree to provide your signature, email address, and phone number, which will serve to finalize this contractual agreement. By signing, you acknowledge and agree to all terms and conditions outlined in this agreement.