- 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 US Registration & Search package include attorney availability, USPTO federal trademark search, 50 state trademark databases search, common law trademark search and domain names, opinion letter based on search results. The service also includes drafting and filing of trademark application per international class, keeping client informed about developments and status during application processing at USPTO, responding to any non-substantive office action.
All other services beyond the scope of services just described above will incur an additional charge. Second search is available at a discounted rate of $ 99 (USD), when the first search opinion is negative. Each additional international class will incur additional $ 50 (USD) per class as legal service fee that will be collected during drafting and confirmation from client.
2a. Substantive office actions not included in service: Office actions that are substantive but not limited to include based on 1. Likelihood of confusion, mistake or deception; 2. Descriptiveness; 3. Geographical significance; 4. Surname; 5. Immoral or scandalous matter, deceptive matter, or falsely suggest a connection.
2b. Intent to use application included only when selected in the application form: Intent to use application is included if selected as an option for not in-use marks. Statement of use or amendment to allege use need to be filed along with USPTO fee of $100 (USD). The statement of use or amendment to allege use attorney service fee is $ 170 (USD). There is a separate form on this website for statement of use. This statement of use form needs to use, when there is in-use in commerce.
- General expectations of both parties: Filing for USPTO trademark application is not 100% guarantee that the application will result in registration of the mark. Every reasonable effort will be made within the trademark law for the issuance of trademark to the client. Even with trademark search software, common law searches results are vast and may miss a few results. Client is advised not to expend large investments on trademark marketing and product development based on mark until the grant of the trademark. Attorney is not legally or financially responsible for those investments based on trademark application. There is always a chance of denial of trademark application.
If the mark is granted registration, then there need to be regular maintenance, and renewals with USPTO. Unless additional service agreement be made for management and renewal, attorney is not responsible for reminding the client of the duty to renew or properly maintain the trademark.
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. The entire application process for trademark in-use application may extend up to 11 months. For few months, there may not be any official update from USPTO. 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.
4a. 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, and further dependent on whether search of the mark completed or not. If the search of the mark is completed, then search package fee of $ 289 (USD) out of $ 449 (USD) is earned as legal fee by the attorney. If the filing of the trademark application is not yet complete, and the attorney expended time for preparation of the application, then the attorney is entitled to $ 349 (USD) out of $ 449 (USD) fee package or $175 (USD) per hour (after search) plus search fee already earned or whichever is less. When the filing of the trademark application is complete with USPTO, then the total amount of $ 449 (USD) is earned as legal fee under this package.
4b. USPTO fees: USPTO charges filing fee depending on the filing basis and type of application. USPTO charges $ 225 (USD) (TEAS PLUS) or $ 275 (USD) (TEAS RF) per class. If the application is intent to use, then a supplemental USPTO fee of $ 100 (USD) is charged when there is a statement of use or amend to allege use. Client is responsible for all USPTO related fees.
- 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.