Legal JargonTrademark Application Service Terms of Service
PARTIES AND EFFECTIVE DATE.
This agreement is between Markavo Legal (“Law Firm”) and You (“Client”) effective on the date of your submission of the order and pending a conflict check by Law Firm. In the event that there is a conflict with another present or past client and we are unable to take your case, you will be refunded in full. Submission of payment constitutes your electronic signature and you agree to be bound by the terms below:
PURPOSE AND SCOPE OF SERVICES.
Client employs Law Firm to undertake legal services for the trademark specified on the order form. Scope of available services are listed below:
ESSENTIALS TRADEMARK SERVICE
Law Firm will review the information provided by Client for basic mistakes that make it clear that a trademark is not appropriate and inform Client. Law Firm will perform a basic knock-out search of pending and registered federal trademarks for direct matches. In the event that a result is found that is likely to block your registration is found, Client will have the option to proceed with the application or have Law Firm search for one alternative mark at no additional cost.
If mark is cleared or Client desires to apply for a mark that may entail significant risk of being denied, Law Firm will draft a trademark application using information provided by Client. Law Firm will prepare Federal Trademark Application and submit it on Client’s behalf, appearing as attorney of record, upon receipt of Government Filing fees from Client. Once filed, Law Firm will track Client’s trademark application once filed and provide status updates.
Any additional legal services required are at an additional charge. Additional legal services include (but are not limited to) additional trademark searches beyond what is included, responding to office actions, filing statements of use or extensions of time, and responding to Cease and Desist letters. At no time will Law Firm perform an additional service without first securing Client consent and receiving payment in advance.
PREMIUM TRADEMARK SERVICE
PREMIUM service level includes all of the services specified in the ESSENTIALS level. Additionally, PREMIUM applications will be prioritized by staff in advance of ESSENTIALS applications and will receive up to 30 minutes of attorney telephone consultation to discuss trademark strategy. Further, Law Firm will respond to any office action that take less than 30 minutes of attorney time to complete for no additional cost. Such refusals typically qualify for our Basic Office Action Service pricing tier. Office action responses are limited to responses before the trademark application examiner until a Final Refusal to Register is issued and does not include an Appeal to the Trademark Trial and Appeal Board.
AUTOPILOT TRADEMARK SERVICE
AUTOPILOT service level includes all of the services specified in the ESSENTIALS and PREMIUM levels. If Client purchased an AUTOPILOT package, in addition to the search of federal trademarks, a common law search will be performed. Further, all office actions regardless of complexity will be responded to at no additional cost. Office action responses are limited to responses before the trademark application examiner until a Final Refusal to Register is issued and does not include an Appeal to the Trademark Trial and Appeal Board.
TELEPHONE CONSULTATION POLICY
As Law Firm offers flat rate services, we are not able to offer unlimited access to telephone consultations with an attorney. Like other professional service providers, the attorney you work with is not available for phone calls on demand and to speak with an attorney will require that a time for a call be scheduled in advance.
Unless otherwise specified, each paid matter includes one 15 minute attorney telephone consultation that is limited in scope to the matter Law Firm was hired to work on. Should Client require additional attorney telephone consultation, pre-paid consults are available at the attorney's standard hourly rate. Law Firm works with clients in multiple time zones and attorney availability may not overlap with your preferred availability or business hours. Refunds or discounts are not offered on Law Firm service fees should Client not avail themselves of a telephone consultation. Client agrees that email will be the primary mode of communication and Client may contact the Law Firm at email@example.com at any time for no additional fees.
RESPONSIBILITIES OF LAW FIRM AND CLIENT.
Client agrees to submit all required material and fees 7 business days prior to any USPTO due date to guarantee Law Firm will have adequate time to timely respond. Any submissions with due dates sooner than 7 business days will be processed on a best efforts basis. Law firm will perform contracted for legal services, inform Client of progress, and respond promptly to Client inquiries. Client agrees to promptly communicate with Law Firm, provide necessary documentation as requested, pay necessary costs, fees, and expenses in a timely manner and keep Law Firm informed of current telephone number and email address. Law Firm is not responsible for any consequences that stem from a Client’s failure to forward Law Firm required fees prior to any deadlines at the USPTO. Client agrees to ensure that status update emails from firstname.lastname@example.org are not being blocked by their email spam filters.
All fees are earned when paid and are nonrefundable. Client’s tender of funds vests interest in the funds to the Law Firm immediately upon receipt. All funds paid are immediately the property of the Law Firm. This is not a retainer agreement. This means that fees paid will NOT be put in any trust account on Client’s behalf. It is clearly understood that the deposit of said funds will be the sole property of the Law Firm and will not be refunded to Client should Client otherwise become dissatisfied. If there is any disagreement or concern with regard to the nonrefundable fees, Client should seek counsel with another lawyer of his or her choice.
COSTS AND EXPENSES.
Government filing fees are invoiced and must be paid in full before Client trademark application will be filed. The USTPO TEAS Standard filing fee is $350 per class of goods or service. In some circumstances, your application may qualify for the less-available TEAS PLUS system which offers reduced fees of $250 and offers streamlined processing by the USPTO. If your application qualifies for TEAS PLUS drafting, we will use it and retain the difference between the TEAS Standard filing fee and the TEAS PLUS filing fee to compensate for the additional time it takes to process and prepare a TEAS PLUS application.
DISCLAIMER OF WARRANTY.
Client understands that Trademark Applications are a legal proceeding and as such there are no guarantees that Client will be granted their desired trademark by the USPTO. Client also understands that Trademark Searches of any kind are inherently imperfect as database providers build their products from a multiplicity of public and private sources of varying quality and coverage. As such, a trademark search that provides the Client a favorable result does not guarantee with perfect certainty that no other party has a legal right to the searched for trademark.
ASSIGNMENT OF WORK.
It is understood that Law Firm reserves the right to assign all or any portion of the work to be performed under this Agreement to an associate, law clerk, other lawyers, paralegals, or others working under Law Firm’s supervision at Law Firm’s expense.
DISCHARGE OF LAW FIRM.
Client is entitled to terminate this agreement at any time. Law Firm will be entitled to fees paid and reimbursement of costs and expenses advanced by Law Firm. In such event, Law Firm may claim a lien as provided by law upon Client’s property and may further decline to withdraw as Lawyer for Client until Law Firm is paid in full.
WITHDRAWAL BY LAW FIRM.
Law Firm may elect to withdraw from Client’s representation and terminate this Agreement for good and sufficient cause, which may include innocent or intentional misrepresentation of material facts by Client, or discovery of facts or circumstances during the course of this Agreement from which the Law Firm concludes that such continued representation would be in violation of professionally recognized standards of conduct. This agreement may be terminated by Law Firm upon written notice to Client if Client fails to timely pay fees, costs, or expenses due.
POWER OF ATTORNEY.
Client grants to Law Firm a Power of Attorney to execute all documents connected with subject matter of Law Firm’s employment.
In event that legal action is required by Law Firm to recover any fees or cost reimbursements due from Client pursuant to this Agreement, Law Firm will be entitled to an award of reasonable attorney fees that will be determined and awarded by a court in such action.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement and such declaration shall have no effect on the enforceability of the remaining terms. This Agreement contains the complete and entire understanding and agreement between Client and Law Firm and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
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