Sivochek IP Law Center's Limited Representation Agreement (Trademarks)
1. PARTIES / EFFECTIVE DATE. This Agreement is made by and between Sivochek IP Law Center ("Attorney") and You ("Client") and is effective as of the date it was signed by Client.
2. LIMITED SCOPE OF REPRESENTATION. This agreement is for a limited scope of legal services. Client retains Attorney to provide the following services only: (a) Attorney will obtain or prepare a U.S. trademark availability search report; (b) Attorney will provide Client with a letter with Attorney's opinion as to the trademark's legal availability for use and registration, based on the search report; (c) Attorney will provide necessary consultations (up to 30 minutes each) regarding the proposed trademark, search report and the resulting trademark application, with the total amount of such consultations depending on the specific plan ordered by Client; (d) Attorney will draft, prepare and file a trademark application with the U.S. Patent and Trademark Office ("USPTO") on Client's behalf; (e) Attorney will serve as Client's attorney of record and legal representative for the application until registration, except when Attorney withdraws from representation by mutual agreement or under certain other circumstances governed by the relevant rules of professional conduct; (f) Attorney will monitor the status of Client's application and keep Client reasonably informed and updated; (g) Attorney will receive and report to Client all Office Actions and other inquiries and communications from the USPTO; (h) Attorney will respond to non-substantive USPTO's Office Actions that require less than 30 minutes each to fully resolve (e.g., minor amendments to the goods/services listed in the application, disclaimer requests, etc.); and (i) Attorney will receive the registration certificate, review it for accuracy and forward the certificate to Client, along with a detailed letter explaining post-registration maintenance and renewal requirements.
3. EXCLUDED SERVICES. The scope of Attorney's services under this Agreement is expressly limited to the services listed in paragraph 2 above. It is estimated that Attorney will spend up to 4 hours on this trademark application until registration. Any responses to substantive refusals that require 30 minutes or more to answer (descriptiveness refusals, likelihood of consumer confusion refusals, etc.), Statements of Use, Extensions of Time to File Statements of Use, petitions, oppositions, cancellations and other TTAB proceedings, judicial proceedings, as well as any adversarial actions, litigation, complaints, cease and desist letters, and any other services not specifically mentioned in paragraph 2 this Agreement are NOT covered by this Agreement.
4. CLIENT'S RESPONSIBILITIES. Client agrees to fully cooperate and promptly respond to Attorney’s emails and questions; (b) Client agrees to always provide accurate and truthful information and documentation; (c) Client agrees to receive communications by email and to regularly check his/her email correspondence. Attorney is not obligated to send out any correspondence by mail (d) Client agrees that he/she is solely responsible for receipt of all emails sent by Attorney to the address provided by Client. Attorney shall not be responsible for any emails that were not delivered due to Client’s security or anti-SPAM software or any problems with Client’s email systems; (e) Client agrees to promptly update Attorney regarding any changes in Client’s address, email, phone or other contact information; (g) Client promises to promptly pay Attorney’s legal fees and expenses.
5. LEGAL FEES. Client agrees to pay the flat legal fee (as indicated on the payment page) to Attorney. Client understands and agrees that this fee is paid to Attorney solely to ensure Attorney's availability to Client during the trademark clearance and application preparation process and represents a true retainer, and the fee is deemed earned when paid and becomes Attorney's property upon receipt. However, if Client decides to terminate this Agreement for any reason before the trademark application is filed with the USPTO, Attorney may issue a partial refund, depending on the amount of time already spent on Client's matter and any costs incurred, such as search report expenses, etc. There will be no refunds once the trademark application is filed with the USPTO.
6. FEES, COSTS, EXPENSES AND BANKING ACCOUNTS.
(a) Fees and Costs. USPTO's official fees are in addition to the above-mentioned legal fees. USPTO's current filing fees are either $250 or $350 for each class of goods, depending on various factors. There will be additional government fees (payable at a later time) for trademarks that are not used in commerce as of the filing date. Client agrees to timely pay all and any such fees, as well as to pay for all other costs and expenses incurred by Attorney while working on Client's matter. Before incurring any such costs and expenses, Attorney will obtain Client's authorization in advance.
(b) Client's Waiver of The Trust Account Requirement. According to the California Rules of Professional Conduct for attorneys, advances for fees, costs and expenses should be deposited into a separate bank account labeled "Trust Account" until the fees are earned. The requirement that fee advances be kept in a trust account exists to better safeguard any unearned fees but allows a client to waive said requirement. Due to the additional accounting costs and administrative issues related to managing multiple banking accounts and moving payments between accounts, you hereby waive the requirement that your payments be kept in a trust account and authorize Attorney to deposit all and any payments directly into Attorney's operating account.
7. TERMINATION OF AGREEMENT.
(a) Automatic Termination. Attorney’s representation of this matter will automatically conclude once this mark is registered with the USPTO.
(b) Termination by Client. Client can terminate this engagement at any time for any reason by written notice. In that case, if permission from the USPTO is necessary in order for Attorney to withdraw from representing this opposition, Attorney will promptly apply for it, and Client will engage new counsel in the Matter.
(c) Termination by Attorney. Attorney is subject to applicable rules of professional conduct when terminating a client engagement. Attorney may withdraw if Client refuses to abide by the terms of this Agreement, such as an agreement concerning fees or costs or an agreement limiting the objectives of the representation. Attorney may also terminate this Agreement if we disagree on strategy or there are other fundamental disagreements over the necessary course of action, or if certain conditions arise that prevent Attorney from being able to provide efficient and competent representation, and certain other conditions. If this engagement is terminated, Attorney will take all reasonable and practical steps to protect Client’s interests in the matter and, at Client’s request, suggest possible new counsel. If permission from the USPTO is necessary in order for Attorney to withdraw, Attorney will promptly apply for it, and Client will engage new counsel. Please also note that upon receiving your online request form, Attorney will review your information for conflicts of interest and other requirements. If based on that review it is determined that Attorney cannot represent you or your trademark, you will be promptly notified and your payment will be refunded.
8. NO GUARANTEE OF SUCCESS. Attorney cannot promise or guarantee a particular result. Either at the beginning or during representation, Attorney might express opinions or beliefs concerning this matter. Any such statements are expressions of opinion only and shall not be construed as a promise or guarantee of results.
9. DISPUTE RESOLUTION / APPLICABLE LAW.
(a) Dispute Resolution. We always strive to provide the best services and we expect our clients to always pay promptly for our work. Thus, it would be very unusual for Attorney to have disagreements with clients. If a disagreement does occur, however, it is always our desire to resolve any disagreements through amicable discussions with clients. If any disagreement cannot be resolved through a discussion, then Attorney and Client agree to resolve all and any disputes via mediation before making any formal claim.
(b) Applicable Law. This Agreement will be construed, interpreted and applied according to the laws of the State of California without regard to conflicts of law provisions and both Client and Attorney agree to proper venue and hereby submit to the jurisdiction in the appropriate state or federal courts of record for the State of California.
10. ENTIRE AGREEMENT / SEVERABILITY. This Agreement contains the entire agreement between Client and Attorney. No other agreement, statement, or promise made on or before the date of this Agreement will be binding on the parties. If any part, term or provision of this Agreement is held to be unenforceable for any reason, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be unenforceable. By submitting your trademark request form, you agree to all the terms and conditions of this Agreement.