Scope of Representation
Upon our mutual signing of this Agreement, you hereby engage me during the term of this Agreement as your attorney to provide trademark registration legal services. This Agreement establishes an attorney-client relationship.
I will perform the following specific legal services:
I will conduct a preliminary screening search of the United States Patent and Trademark Office (“USPTO”) database for trademarks identical to the one you wish to register. I will analyze your trademark for absolute grounds of refusal (e.g. descriptiveness). I will conduct an unlimited number of such searches until one is cleared for filing. I will consult with you during this process;
I will conduct a comprehensive search that includes similar trademarks and common law trademarks (trademarks not registered or applied for) and report the results to you with my opinion as to whether it is advisable to proceed with an application;
On the condition that the comprehensive search does not reveal significant problems and that you agree to proceed, I will complete and file a federal trademark application with the USPTO on your behalf and you agree to pay the appropriate filing fees by your credit card, for which you will provide the number to me. I will ensure that your specimens of use are in the proper form. If you do not have an acceptable jpeg file of your logo (if your trademark is a logo) then you may have to pay additional fees for a draftsperson to create an appropriate logo drawing;
On the condition that this search reveals problems and that you agree with me that it is too risky to proceed with an application, I will restart the process ONE additional time with another trademark of your choosing and will offer advice as to any changes to your original trademark that may be sufficient to allow for registration of the trademark;
I will respond to ALL USPTO office actions prior to the registration of your mark and;
I will take all necessary remaining steps prior to registration of your trademark, or final refusal thereof, including but not limited to such steps as filing Statements of Use and Requests for Extension of Time to file Statements of Use. You agree that you are responsible for all Official Government Fees required during this phase, including fees associated with Statements of Use and Registration Fees.
This Agreement covers only my legal services as set forth above. It does not cover any other legal services, including, but not limited to, trademark appeals or briefs necessary in the event that the USPTO issues a final action rejecting your trademark application based on substantive matters, litigation, arbitration or other contested proceedings, mediation or other alternative dispute resolution, whether or not relating directly or indirectly to this matter. Should you wish to retain my services in connection with any such other matters, I will be happy to discuss with you the possibility of representing you in such matters and an appropriate fee arrangement.
If your mark is accepted by the USPTO and placed on the Supplemental or Principal Register, it is understood and agreed that I shall not be responsible for calendaring dates with respect to maintaining your registration, including affidavits of use, affidavit of incontestability, renewal documents, or any other post-registration matters (including monitoring third party trademark applications which may conflict with your trademark). Should you wish to retain my services to remind you of important post registration deadlines and/or taking other post registration action for you, I will be happy to discuss with you the possibility of representing you in such matters and an appropriate fee arrangement.
Fees To Be Charged:
You agree to pay me in connection with this matter: a flat fee of $499. You also agree to pay all necessary USPTO fees. I will use my best efforts to obtain the lower filing fee of $275 per class of goods/services (as compared to $325). This fee depends on the description of the goods and/or services that you wish to cover. In some cases, an application filed using the lower rate may have to be converted to one requiring the higher rate and you agree to pay higher rate in those cases. I require payment of fees in advance of providing legal services. You agree to pay applicable USPTO fees in order to file your trademark application and I will charge said fees to your credit card on file unless you instruct me otherwise. You agree to advance payment such of professional service fees and the subsequent filing fees. You will be notified of all fees and asked for approval of same before they are charged to your credit card by the USPTO.
If you have not yet used your mark in interstate commerce, and consequently choose to file an application on an "intent to use” basis, you must subsequently file documents showing your use of the mark in commerce. The USPTO charges a fee of $100 per class of goods/services for the filing of the requisite documents. You agree to pay such fees required by the USPTO and any other fees charged by the USPTO for your particular registration. You may access the full list of USPTO Trademark Processing Fees at www.uspto.gov/web/offices/ac/qs/ope/fee2009september15.htm#tm
You understand this is an application process that could result in denial of your trademark.
This Agreement may be executed by the Parties in electronic counterparts.
You may terminate our engagement at any time upon reasonable notice to me. In the event that my representation is terminated, you agree to pay all bills thereafter rendered covering expenses incurred prior to the termination