Legal JargonTrademark Enforcement 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 using this form 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 this order form. Law Firm will research your rights in your trademark relatively to an infringing party based on facts provided by Client and what facts Law Firm is independently able to discover. Should the situation warrant it, Law Firm will deliver a Cease and Desist letter to the infringer and attempt to get the other party to cease use of the infringing mark. Client understands that this service is provided on a “best efforts” basis and that there is no guaranteed outcome. This service does not include discussing terms of settlement with the alleged infringer. Representation during negotiation will require additional legal fees (see Settlement Negotiation Service). This service does not include the drafting or review of a written settlement agreement. Drafting or review of a written settlement agreement will require additional legal fees (see Settlement Drafting Service).
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.
Each paid matter includes one 30 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.
It is at the sole discretion of the Law Firm to determine if an Office Action does or does not qualify for the administrative issue service price. In the event an Office Action requires substantive legal response, Client will be advised before any work is performed and given the option of paying for additional work as required or receive a refund.
All fees are earned when paid and are nonrefundable, except in the case where Client submits an Administrative Office Action engagement agreement, does not qualify for that price point, and requests a refund. 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.
DISCLAIMER OF WARRANTY.
Client understands that submissions to the USPTO are legal proceedings and as such there are no guarantees that Client will be granted their desired trademark by the USPTO.
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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