Disclaimer for Trademark B!tch™ Service

The Yawn Company is not a law firm, and nothing on this website or provided through the Service constitutes legal advice. All information and materials are for informational purposes only. Using Trademark B!tch™ does not create an attorney-client relationship, and you should consult a licensed attorney for advice tailored to your situation.

This Service is not a substitute for filing an official trademark application or registering your trademark with the U.S. Patent and Trademark Office (USPTO). Documenting your "first use in commerce" on a proof page does not grant the legal benefits of federal registration, such as nationwide rights or presumptive ownership in court. Only a USPTO registration can provide those protections and remedies. Trademark B!tch™ does not file anything with the USPTO or any government agency on your behalf.

Trademark B!tch™ helps you document common law trademark claims, which arise from bona fide use of a mark in commerce under U.S. law (Lanham Act, 15 U.S.C. § 1051 et seq.). Common law trademark rights are limited in scope — they are generally restricted to the geographic areas where you actually use the mark and have established a reputation. These unregistered rights do not offer nationwide protection or the same legal presumptions as a federal registration. Enforcement of common law rights can be more challenging and typically requires proof of your use and recognition in each area of dispute.

Using this Service to timestamp or publish a usage claim does not guarantee you will secure or win any trademark rights or disputes. While the United States follows a first-to-use system (the first to use a mark in commerce can gain priority rights), outcomes still depend on many factors beyond our Service's documentation. For example, if another party registers a similar mark before you do, they could obtain broader rights even if your use was earlier. The evidence we provide is meant to help support your claims, but its sufficiency or admissibility in any legal matter is not assured. No outcome is guaranteed, and The Yawn Company makes no promise that your use of Trademark B!tch™ will prevent others from challenging your mark or using a confusingly similar mark.

The Yawn Company does not perform trademark clearance searches or verify that your chosen mark is available or non-infringing. It is solely your responsibility to ensure your mark does not conflict with existing trademarks (registered or unregistered). We strongly recommend that you conduct thorough searches and/or consult a trademark attorney before using our Service to stake a claim. The USPTO itself urges searching not only federal records but also internet, state, and business databases for unregistered common-law uses of similar marks. By using Trademark B!tch™, you acknowledge that no due diligence on the uniqueness or legality of your mark has been done by us, and you assume all risk of any conflicts or infringement issues.

The Service and all proof pages, documentation, and content are provided "as is" and without any warranty of any kind. The Yawn Company disclaims all express or implied warranties, including but not limited to warranties of accuracy, completeness, reliability, merchantability, or fitness for a particular purpose. We do not guarantee that the Service will meet your requirements, achieve any particular results, or be error-free or uninterrupted. Any reliance you place on the information or functionality of this Service is at your own risk.

To the fullest extent permitted by law, The Yawn Company (and its owners, employees, and affiliates) shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your use of (or inability to use) Trademark B!tch™. This includes, but is not limited to, liability for loss of goodwill, business interruptions, lost profits, or loss of data, even if we have been advised of the possibility of such damages. By using this Service, you agree that your sole remedy for any dissatisfaction or problems is to stop using the Service.

Trademark B!tch™ is designed for United States trademark use scenarios only. Our documentation of first use in commerce is based on U.S. law and may not be recognized in other countries. Trademark laws vary by jurisdiction; this Service does not provide any rights under the laws of any country outside the U.S. If you need to secure trademark rights internationally, you should pursue the appropriate registrations in those countries or consult an international trademark attorney.

The Yawn Company and Trademark B!tch™ are independent and not affiliated with the U.S. Patent and Trademark Office (USPTO), the World Intellectual Property Organization (WIPO), or any governmental trademark authority. Using this Service does not constitute filing a trademark application with any official body. Any references to laws or classifications (e.g. Nice Classification classes) are for informational purposes and do not imply endorsement by any official agency.

The Service relies on third-party platforms (for example, Stripe for payment processing and GitHub for version-controlled proof pages). The Yawn Company does not control these third-party services and is not responsible for their performance, availability, security, or any issues they may cause. Any fees processed, records stored, or integrations via these platforms are subject to those third parties' terms and policies. We cannot be held liable for any outages, errors, data loss, or breaches originating from third-party providers.

By proceeding to use Trademark B!tch™ (including by purchasing a proof page or otherwise utilizing the Service), you acknowledge that you have read and agree to this disclaimer in full. If you do not agree with these terms or if you are seeking advice or services beyond the scope of this disclaimer, do not use the Service. Remember that protecting a brand can be complex — when in doubt, seek professional legal counsel.