Communer Terms and Conditions

I. Terms for Trademark Buyers

  1. These terms constitute an agreement between Communer II LLC, a New York limited liability company (“Communer”), and you, the person checking out a trademark and/or domain name in their online shopping cart at Communer.com. The sale and transfer/assignment of the trademark and/or domain name between the Buyer and the Seller will be known as “the Sale.”
  2. By checking out with a trademark in Buyer’s cart and paying the listed fee, Buyer is agreeing to purchase the trademark registration they’ve selected.
  3. If Buyer cancels their order by emailing Communer at info@communer.com and informing Communer that they wish to cancel their order within 30 minutes of checking out, Buyer is entitled to a refund of all they paid except for a 5% fee to cover approximate payment processing fees incurred by Communer.
  4. If Buyer cancels their order by emailing Communer at info@communer.com and informing Communer that they wish to cancel their order within 12 hours of checking out, Buyer is entitled to a refund of all they paid except for a 5% fee to cover approximate payment processing fees incurred by Communer and an additional 10% restocking fee, totaling 15% of the total purchase amount.
  5. If Buyer wishes to cancel Buyer’s order at any point after 12 hours have passed since checking out, Buyer is only entitled to a refund of 50% of the purchase price, minus a 2.5% of purchase price payment processing fee to cover the approximate payment processing costs of the non-refunded portion. 
  6. Though Communer requires that the Seller inform Communer if the trademark is no longer for sale, Communer cannot guarantee that the trademark is available to the Buyer, particularly if the Seller violates its agreement with Communer. If for some reason Communer discovers that the Seller no longer owns the trademark at the time of the attempted purchase, Communer will refund the Buyer in full.
  7. Once Buyer initiates a purchase, Communer will hold onto Buyer’s funds until both Buyer and Seller have signed a trademark assignment agreement. Once this agreement is signed, Communer will disburse funds to the Seller, minus Communer’s fees. Once the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with the USPTO. Below is a preview of the standard trademark assignment template Communer uses, which has been submitted dozens of times to the USPTO, with a 100% success rate. If a domain name is included in the listing, then it will also be included in the trademark assignment agreement. First page of sample trademark assignment agreement.Second page of sample trademark assignment agreement.
  8. Once Buyer initiates a purchase, the payment is held by Communer, and the trademark assignment agreement is sent to both parties for e-signature, Buyer has 30 days to sign the agreement. If Buyer does not sign the agreement within 30 days, Communer will send half of the purchase price to seller minus commission and fees and keep the other half in its account. Buyer will then have an additional 30 days to either sign the agreement or cancel the order. If Buyer does neither at the end of the additional 30 days, then the order will be considered to have been canceled, Communer’s cancellation policy (enumerated earlier in these terms) will apply, and Communer will re-list the trademark for sale after refunding the appropriate amount to Buyer. If Buyer cancels the order, then Communer’s cancellation policy will apply and Communer will re-list the trademark for sale after refunding the appropriate amount to Buyer.
  9. Communer is not responsible for any actions of the Seller or Buyer, or any problems that may arise with the Sale, the Sale being between Buyer and Seller, not between Buyer and Communer. Communer is not responsible for pursuing any remedies for either side of the Sale in the case that there is a problem with the trademark sale or transaction.
  10. Communer takes steps to verify that Seller owns the trademark and domain name involved in the Sale, but Communer does not guarantee that Seller is the true owner of the trademark and domain name involved in the Sale, especially if Seller deceives Communer.
  11. Communer does not make any guarantees or warranties about the legal status of any trademark listed on the Communer marketplace. Buyer is responsible for performing Buyer’s own research on the listed trademark to confirm that its legal status is sound and that there are no conflicts with other trademarks. By checking out the listed trademark, Buyer agrees that they have reviewed the government records for the listed trademark and has confirmed that Buyer is satisfied with the attributes of the registered trademark such as whether it’s on the Principal or Supplemental Register and whether it’s a word mark and design mark. In rare cases, Communer’s link to the government records in the trademark listing might go to the record of the wrong trademark. Even if that is the case, Buyer confirms that they have made sure to review the correct government record for the trademark.
  12. Communer cannot control Amazon’s decisions about which Amazon sellers get Amazon Brand Registry access. Though Communer and Communer’s trademark sellers will work with the Buyer to get Amazon Brand Registry access as soon as possible, Communer cannot guarantee a particular timeframe, nor can Communer guarantee that the Buyer will be able to get Amazon Brand Registry access after buying the trademark. With that said, Buyers who desire fast Amazon Brand Registry access usually get it within about one to two weeks following purchase of a trademark on Communer, which is what Communer means when Communer describes “instant” Amazon Brand Registry access on Communer’s website.
  13. Buyer confirms that if the government’s records conflict with Communer’s description of the listed trademark, Buyer accepts these differences and wishes to purchase the trademark regardless.
  14. If for some reason, after the trademark assignment agreement is signed by both sides, it turns out that Seller or Buyer has deceived the other party in some way, or if the Seller or Buyer has any other issue with the Sale, this constitutes a dispute between Buyer and Seller directly that does not involve Communer.
  15. If a domain name is included in the Sale, Seller is responsible for transferring the domain name to Buyer. Communer does not facilitate the domain name transfer or provide instructions.
  16. Communer will not issue any refunds because of issues involving the Sale after the assignment agreement has been signed by both sides.
  17. After the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with the USPTO.
  18. Any legal dispute between Buyer and Communer will be under the jurisdiction, forum, and venue of New York’s state and federal courts, located within Brooklyn or Manhattan (Communer’s choice) if possible. 
  19. The services performed by Communer are not legal services and the protection of a client-lawyer relationship does not exist with respect to these services.
  20. If any part of these terms is declared unenforceable or invalid, the remainder of the agreement will continue to be valid and enforceable.
  21. Any waiver by Communer of Buyer’s failure to perform any provision of these terms is not a waiver of Communer’s right to subsequently insist on performance or pursue any remedy for that failure.
  22. These terms may be modified in the future. Buyer is responsible for saving a copy of the terms as they existed when Buyer engaged with Communer.

II. Terms for Trademark Sellers

  1. These terms constitute an agreement between Communer II LLC, a New York limited liability company (“Communer”), and you, the person listing a trademark on Communer.com (the “Seller”). The sale and transfer/assignment of the trademark and/or domain name between the Buyer and the Seller will be known as “the Sale.”
  2. Communer’s flat percentage commission of all trademark sales consists of 25% of the sale price, which is taken out of the sale price before the money is transferred to the Seller.
  3. Communer’s commission does not cover payment processing fees. Payment processing fees incurred by Communer when a trademark is purchased are subtracted from the sale price. This means that payment processing fees will usually be roughly 2.9%, but they may occasionally be as high as roughly 4.5% if the Buyer is based in a foreign country and pays through PayPal.
  4. At times, buyers will have coupon codes that they can apply to trademarks listed on Communer. These discounts will typically be 1%, but could be as high as 2%. When these coupons are applied, Communer and the Seller will share the expense of the discount equally. In other words, Communer’s share will be 25% of the discounted trademark price.
  5. If Seller lists Seller’s trademark on Communer, Seller’s listing is exclusive. That means Seller still has to pay Communer 25% of the listing price even if Seller sells Seller’s trademark outside of Communer, unless Seller removes Seller’s listing from Communer 60 days before Seller makes the sale, by sending an email to info@communer.com informing Communer that Seller wishes to remove Seller’s listing.
  6. Seller cannot start negotiations with a potential buyer (through Communer or outside of Communer) while the trademark is listed and avoid paying Communer the commission by agreeing with the potential buyer to wait until the 60-day period ends to effect the trademark transfer. Nor can Seller start negotiations soon after a listing is removed from Communer. In other words, a deal that takes root during the listing period or during the 60-day exclusivity period following de-listing counts as a sale during the listing or exclusivity period, regardless of when the deal closes or the trademark assignment agreement is filed. Otherwise the Seller and Buyer could collude to avoid the commission by agreeing to a lower price if the Buyer is willing to wait 60 days to sign and/or record the assignment/sale agreement. “Negotiations” are considered to have begun if any contact between Seller and Buyer, or between Communer and Buyer, occurs during the listing period or the 60-day window following de-listing, even if Buyer and Seller or Communer and Buyer were in contact before the date of listing, and even if no specifics of the deal are discussed during the listing period and following 60-day window.
  7. If Seller sells Seller’s listed trademark outside of Communer’s marketplace, Seller must notify Communer by emailing info@communer.com so that Communer can charge its 25% commission and remove the listing from Communer. Communer does not normally keep credit cards on file, but if Communer does have Seller’s credit card on file, Communer will charge Seller’s credit card kept on file unless Seller informs Communer that it wishes to pay by another method.
  8. If Seller sells Seller’s listed trademark outside of Communer and fails to inform Communer before a Buyer attempts to purchase the trademark on Communer’s marketplace, Communer will not only charge Seller its 25% commission, but also an additional 10% fee to cover payment processing fees and the inconvenience caused to Communer.
  9. If Seller listed a trademark and domain name combination on Communer, and Seller sells or transfers Seller’s domain name (not trademark) elsewhere or lets it expire, Seller must let Communer know immediately by emailing info@communer.com so Communer can adjust Seller’s listing. Seller gives Communer permission to modify the listed price of the trademark to account for the loss of domain name without getting Seller’s approval of the new listed price.
  10. If Seller’s domain name is no longer available to transfer and a Buyer attempts to buy the trademark/domain name combination before Seller informs Communer, Seller will be responsible for any money Communer loses as a result of this omission of information. In this situation, Communer may have to offer the would-be Buyer a partial refund because of the lack of domain name availability. In other words, Communer may have to offer Buyer a lower price and refund the difference between that price and what Buyer already paid. If that happens, Communer will still keep its 25% commission of the original listing price plus 5% of the original listing price for approximate payment processing fee, even if Buyer ends up paying a reduced amount. Seller’s remaining payment will be reduced accordingly. If the Buyer cancels the transaction due to the lack of domain name availability, Seller will be responsible for a 5% approximate payment processing fee plus an additional 10% fee to cover the inconvenience caused to Communer.
  11. Listing a trademark for sale on Communer is a commitment to sell the trademark when a buyer purchases the trademark on Communer. Seller cannot back out of a sale or change their mind once a buyer initiates a trademark purchase. Seller is committed to signing the trademark assignment agreement for that trademark. The assignment agreement you must sign will resemble the template below: First page of sample trademark assignment agreement.Second page of sample trademark assignment agreement.
  12. Seller may request to remove their listing from Communer at any time if they decide not to sell their trademark at all, and Communer will remove their listing within 72 “business hours” starting at 9AM New York time on the next business day. U.S. federal holidays do not count as business days. This means that if you ask us to remove the listing on Thursday at 8PM, we will have until 9AM the following Wednesday, assuming no federal holidays occur between those two days.
  13. Once Buyer initiates a purchase, Communer will hold onto Buyer’s funds until both Buyer and Seller have signed a trademark assignment agreement. Once this agreement is signed, Communer will disburse funds to the Seller, minus Communer’s fees.
  14. Communer’s preferred method of disbursing funds is by physically mailing a check to the Seller. Communer will cover the cost of postage if mailing the check within the United States. Costs for postage for foreign-based sellers will be subtracted from the sale price. If Seller prefers a different method of payment and Communer is amenable to the alternative preferred method, Communer will subtract any costs incurred from the payment sent to Seller by Seller’s preferred method.
  15. After the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with the USPTO. Not the Seller.
  16. Communer is not responsible for any actions of the Seller or Buyer, or any problems that may arise with the Sale, the Sale being between Buyer and Seller, not between Buyer and Communer. Communer is not responsible for pursuing any remedies for either side of the Sale in the case that there is a problem with the Sale.
  17. If for some reason, after the trademark assignment agreement is signed by both sides, it turns out that Seller or Buyer has deceived the other party in some way, or if the Seller or Buyer has any other issue with the Sale, this constitutes a dispute between Buyer and Seller directly that does not involve Communer.
  18. Communer will not issue any refunds because of issues involving the Sale after the assignment agreement has been signed by both sides.
  19. If Seller sells a domain name on Communer’s marketplace, Seller is responsible for figuring out how to transfer Seller’s domain name to the Buyer.
  20. If Seller fails to pay Communer any of the fees owed to Communer, Communer will take legal action against seller to recover the fees. Seller agrees that if Communer prefers, Communer may seize Seller’s trademark registration(s) and/or domain name(s) instead of the owed fees.
  21. If Seller works out an arrangement with a third party for compensation relating to the trademark that does not involve actual purchase of the trademark, Seller is still responsible for paying Communer its commission if contact between Seller and the third party occurred during the listing period or the 60-day exclusivity window following de-listing. This includes but is not limited to any contract, agreement or settlement between Seller and a third party relating to the trademark that involves monetary or non-monetary compensation in exchange for licensing, co-existence, consent of use, abandonment, cancellation, royalties, residuals, agreement not to sue, or co-ownership. If the arrangement is non-monetary, then Seller owes Communer the commission that would have been due if the listing had been at its original listing price or the listing price 60 days before the transaction negotiations were entered into, whichever is later.
  22. By listing a trademark on Communer, Seller is agreeing to complete any purchase initiated through Communer for the trademark while it is listed on Communer. Seller cannot back out of a deal once Buyer has sent the money to Communer. In the event that a Buyer initiates a purchase on Communer and successfully sends the purchase money to Communer’s account, Seller will e-sign the trademark assignment agreement within 10 days of the agreement being sent to Seller. If Seller does not sign the agreement within 10 days and does not expressly tell Communer not to sign on Seller’s behalf, then Seller designates Communer, its employees, and its representatives as authorized signatories of Seller and grants them power of attorney to sign the trademark assignment agreement on Seller’s behalf, which will be a valid signature that binds Seller to the execution of the trademark assignment agreement. The authorized signatory status and power of attorney only apply to the specific situation of the trademark assignment agreement and any re-drafts or modifications of that assignment agreement, but not to any other agreements or transactions.
  23. Seller agrees that if the USPTO refuses to recognize an assignment agreement, Seller will re-sign a new version of the assignment agreement with the corrections needed to get approved by the USPTO.
  24. Communer will hold funds from a sale for Seller at no cost for up to eighteen months. If Seller fails to claim Seller’s payout within two years of the assignment agreement being signed by both parties, then Communer will charge a holding fee of 5% of the original payout per month until Seller claims the funds or until the payout fully depletes. In order to claim the funds, Seller must send Communer complete details about how to send the payout to Seller. 
  25. Any legal dispute between Seller and Communer will be under the jurisdiction, forum, and venue of New York’s state and federal courts, located within Brooklyn or Manhattan (Communer’s choice) if possible.
  26. The services performed by Communer are not legal services and the protection of a client-lawyer relationship does not exist with respect to these services.
  27. If any part of these terms is declared unenforceable or invalid, the remainder of the agreement will continue to be valid and enforceable.
  28. Any waiver by Communer of Seller’s failure to perform any provision of these terms is not a waiver of Communer’s right to subsequently insist on performance or pursue any remedy for that failure.
  29. These terms may be modified in the future. Seller is responsible for saving a copy of the terms as they existed when Seller engaged with Communer.

III. Terms for Document Template Purchases

  1. The copyrights of all documents sold by Communer II LLC (“Communer”) are owned by Communer and its owner(s). Buyers and users of these documents may use them in court filings and for personal and business purposes, but they may not sell them or offer them for sale. No entity or person except for Communer and its owner(s) may list these documents for sale or sell them. 
  2. No entity or person except for Communer and its owner(s) may post or publish documents sold by Communer in a public medium such as a blog, periodical, message board, or software application channel for others to use, download, or copy.