Last Updated: 11-05-2021
TRADEMARK LEGAL SERVICES
- CONDITIONS. This Agreement shall not take effect, and Firm will have no obligation to provide legal services, until Client reviews and electronically signs this Agreement. A DocuSign version of this agreement requesting Client’s signature will be emailed to Client after order confirmation.
- SERVICES. Firm’s responsibility under this Agreement shall be to provide the services (the “Services”) as described below:
- Trademark clearance search for one (1) potential trademark name or logo, including a search report, and follow up consultation with a trademark attorney;
- Submission of one (1) trademark application to the US Patent and Trademark Office (USPTO);
- Response to any minor, non-substantive Office Actions* issued by the USPTO in response to the submission;
*Office Actions for likelihood of confusion and descriptiveness are not covered in this Agreement, and will require an additional fee for response. The fee for responding to these Office Actions depends on the details of each case.
Firm does not undertake any obligation to represent Client with regard to any other matter or in any other capacity other than that which has been set forth in this section.
Any additional services shall be agreed to by Firm and Client in a separate written agreement. Upon completion of the matter described in this section, the period of representation will end.
Firm and Client will remain available to each other on a reasonable basis for consultation, to assist each other as required, and to update relevant contact information in case of change.
- FEES. The fee for Services agreed to by Firm and Client is included in the fee paid to The Business Toolkit (the “Flat Fee”). Client understands and specifically agrees that:
- the Flat Fee is the entire payment for the Services to be performed by Firm;
- the Flat Fee, including portions thereof, will be earned by Firm immediately upon payment and will be deposited in Firm’s business account rather than a client trust account; and
- when Firm’s representation of Client ends, Client will not be entitled to a refund of any portion of the Flat Fee unless the legal work is not completed, in which event a proportionate refund may be owed.
- ARBITRATION. Any controversy, claim or dispute arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, shall be resolved by binding arbitration in Milwaukee, Wisconsin. The arbitration shall be administered by the American Arbitration Association pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”). The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney’s fees and expenses of the prevailing party, against the party who did not prevail. The Award shall be in writing and shall specify the factual and legal basis for the Award. Judgment on the Award may be entered in any court having jurisdiction.
- DISCLAIMER OF GUARANTEE. Client acknowledges that Firm makes no guarantee regarding the outcome or success with regard to Client’s matter. Firm does not have or hold any power to guarantee any certain outcome in favor of Client.
- TERMINATION. Client may discharge Firm at any time. Firm may withdraw with Client’s consent, or on thirty (30) days’ advance notice, or for good cause. Good cause includes Client’s breach of this Agreement, Client’s nonpayment of fees or costs, and Client’s failure to cooperate with Firm or to follow Firm’s advice on a material matter or any other fact or representation that would render Firm’s continuing representation unlawful or unethical.
After Firm’s representation pursuant to this Agreement ends, there might be changes in law or regulations that might affect Client’s future rights and liabilities, but the Firm does not have an obligation to continue to advise Client about future legal developments, unless Client engages the Firm to do so.
- CONFIDENTIALITY BY ATTORNEY. Unless waived by the Client or impliedly authorized in order for Firm to represent Client or required by law or ethics, Firm will keep confidential all matters disclosed by Client or discovered by Firm during the course of representation and, when necessary, will invoke the client-attorney privilege to protect the confidentiality of such matters.
- ENTIRE AGREEMENT / SEVERABILITY. This Agreement contains the entire agreement between Client and Firm relative thereto. This Agreement shall not be modified except by written consent signed by Client and Firm. If any provisions of this Agreement are held 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.
- GOVERNING LAW. This Agreement shall be governed by the laws of the state of Maryland, without regard to its conflicts of law provisions.
- ATTORNEYS FEES. The parties agree that should legal action be required to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs to the extent permitted by law.
- EFFECTIVE DATE. The effective date of this Agreement shall be the date upon which Client executes it and returns it to Firm.
- FORM OF SIGNATURES. This Agreement may be executed by the parties in electronic counterparts.