Q: I am dealing with Design Dok in CA and they claim 100% money back guaranteed and they won’t give me my money back
I also filed a trademark with them and I don’t believe they ever filed for one and just took my money.
A:
It sounds like you might have a contract breach, but their fine print probably says that you have to arbitrate the dispute in California and that damages are limited to the price paid to them. You may have to consult with a California attorney to review your specific details in this regard.
You can check status of federal trademark applications here: https://www.uspto.gov/
If there was a written agreement that a retained party was supposed to file a federal application for you but didn't, you might have an actionable claim if another company or person filed a trademark application on the same or similar mark before you did or a deadline was missed due to the retained party's negligence or malpractice. Again, best to consult an intellectual property attorney with your specific facts to determine an appropriate course of action.
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