1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Trademark Lawyer Law Firm, PLLC ("Firm") and [NAME, TITLE and COMPANY WILL GO HERE] ("Client") and is effective as of the latest date of signing by Client.
2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Firm to Client are the completion of a comprehensive federal search, drafting of an opinion letter based on the search results, consultation time of up to thirty (30) minutes regarding the search results, preparation, and filing of Client's trademark application, tracking Client’s trademark application once filed, and responding to all initial Office Actions issued by the USPTO (“Legal Services”). All additional services are subject to additional charges. Firm will perform the Legal Services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will cooperate with Firm, be available as requested, provide necessary documentation and declarations, promptly pay all fees and costs, and keep Firm informed of client's whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times. Client understands this is an application process which could result in denial of the Client’s trademark. The agreement and fees are NON-TRANSFERABLE.
3. FEE. The Flat Fee for the Legal Services agreed to by the Firm and Client (the “Flat Fee”). The rules of professional conduct for attorneys in the United States of America require that unearned clients fees advanced by clients to attorneys be kept in a separate "trust' account until the fees are earned and/or the representation terminated by either party. This is because funds held in a trust account are generally protected from a law firm's creditors and cannot be spent until earned. For these reasons funds held in a trust account are more readily available to be refunded to clients. However, clients may waive this requirement. Due to the small nature of the Flat Fee and the administrative issues involved with moving the money between accounts, by entering into the present agreement, you hereby waive the requirement and allow the funds to be deposited into Trademark Lawyer Law Firm, PLLC's operating account. By waiving this requirement the Flat Fee becomes property of Trademark Lawyer Law Firm, PLLC upon receipt. The Legal Services are completed and the Flat Fee is earned when Firm provides the trademark search report and completed trademark application to Client with filing instructions. Client may be entitled to partial refund if the Client terminates this agreement prior to the completion of Firm completing the Legal Services. Minimum of $200 administrative fee will be non-refundable if the agreement is cancelled after 48 hours.
4. COSTS AND EXPENSES. Government fees are in addition to the above-stated legal fees. The US Government fee is $350 per international class for trademark application filings.
5. WORK PRODUCT: The writings, notes, memoranda, reports of conversations, research and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege.
6. TERMINATION: As is appropriate in any professional relationship, You may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well. In the event that our representation is terminated, You agree to pay all bills thereafter rendered covering expenses incurred prior to the termination.
7. ENTIRE AGREEMENT / SEVERABILITY. This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
8. FORM OF SIGNATURES. This agreement may be executed by the parties in electronic counterparts.
9. SUMMARY OF SERVICES AND FEES. Client hires Trademark Lawyer Law Firm, PLLC (Firm) to perform legal services for a flat fee:
• Wordmark Search on the USPTO database for up to two (2) classes
• Option to add additional search classes for additional $200 per class
• Prepare New Trademark Application under Attorney Review
• File the application in the proper class/description of goods and/or services
• Attorney of Record listed with the application
• Option to have the Firm file the Statement of Use or Extension to the Notice of Allowance
• Consultation on Office Action(s)
• Respond to all initial procedural AND initial substantive office actions
• Comprehensive USPTO Search for conflicting wordmarks (Includes one backup search if the initial search is problematic)
Attorney Fee: $995.00
USPTO Fee: $350 per class (paid at time of filing, not now)
