Engagement Agreement- Continued use declaration – Section 71 & Section 15 affidavit
Parties/ Effective date: This agreement is made between Law & Technology Inc d/b/a affordabletrademarkattorney.com (“Attorney”) and You (“Client”) and is effective as of the latest date of signing by Client. Attorney will make conflict of interest determination and engagement agreement is not fully executed until written acceptance via email is communicated with the client.
Scope of services provided: The legal services provided under continued use declaration affidavit of US trademark package includes attorney availability, checking the specimen for validity and conformity with registration, filing of requested section 71 affidavit, and section 15 incontestability affidavit. All other services beyond the scope of services just described above will incur an additional charge.
Section 71 affidavit: The section 71 affidavit for one class costs $ 369 USD including USPTO filing fee of $ 125 USD. The section 71 affidavit for two classes costs $ 549 USD including USPTO filing fee of $ 250.
Section 71 affidavit and section 15 incontestability: The section 71 affidavit and section 15 incontestability for one class costs $ 759 including USPTO filing fee of $ 125 (section 71) and $ 200 (section 15). For two classes, the cost is $ 1199 USD including USPTO filing fee of $ 250 (section 71) and $ 400 (section 15).
General expectations of both parties: Filing for USPTO trademark affidavit is not 100% guarantee that the application will result in approval of the affidavit or incontestability status of the mark. Every reasonable effort will be made within the trademark law for the section 71 affidavit and incontestability status of trademark to the client. There is always a chance of denial of section 71 affidavit of the mark. During the application process, if there is a change of mailing address, or phone number of the client, then the client will promptly notify the attorney. Client agrees to be available whenever a request be made via email regarding any documents, declarations, and specimens etc. Client also agrees to pay all USPTO fees and attorney fees. If the client wants to know the status of the application, please email the attorney for more information. Every reasonable effort will be made to reply to the clients request promptly.
Client fees: Any money paid under a package or service becomes the property of the attorney. Attorney will not expend any money belonging to the client until earned by service as explained below. However, if the client terminates the agreement before rendering of complete services, then the client is entitled to partial refund after deducting the attorney fee for time spent on the matter. If the filing of the package is not yet complete, and the attorney expended time for preparation of draft of the application, research and administrative costs, then the attorney is entitled to 70% of the specified fee or any package amount. If the filing of the trademark affidavit is completed with USPTO, then the total amount of fee is earned as legal fee.
Conflict of interest policy: Attorney makes sure that the prospective client representation is not directly adverse to the current client. The attorney will only represent the prospective client upon belief that the attorney can competently and diligently represent each affected client. The attorney will not take the prospective client representation, if there is assertion of claim by one client against another client of the attorney. By agreeing to this engagement agreement, client gives informed consent in cases such as above to the attorney.
Termination: Client or attorney may terminate the engagement based on reasonable notice via email. Once attorney receives this message via email regarding termination, he/she will make every effort to stop working on the representation upon notice of the email. Client will be entitled to partial refund of the legal fee paid for services. The partial refund will include those funds not yet earned. All the earned fees including expenses upon until the notice of termination becomes the property of the attorney.
Governing law & Jurisdiction: This agreement shall be governed by the state of Minnesota. Should any dispute arise, the action shall take place in Minneapolis, Minnesota.
Severance: In the event that one or more of the provisions of this agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this agreement, and this agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this agreement.
Complete Agreement: This agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this agreement, this website or any services rendered by Attorney to Client. This agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this agreement will be binding on the parties. This agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
Form of signature: This agreement may be executed by the parties in electronic counterparts.