1. PARTIES. This Agreement is between Sivochek IP Law Center ("Attorney") and
2. ATTORNEY'S LEGAL FEES. You agree to pay the flat legal fee of $1,000 (One Thousand
United States dollars) to Attorney for the services listed in paragraph 3 of this Agreement. The fees are deemed earned when
paid and become Attorney's property upon receipt. However, if you decide to terminate this agreement for any reason before your
trademark application is filed, you may be entitled to a partial refund, depending on the amount of time already spent on your matter(s),
based on Attorney's hourly rate of $280 per hour.
3. ATTORNEY'S SERVICES. Attorney will provide the following legal services to you: (a) order / conduct,
review and complete a comprehensive U.S. trademark availability search report (including U.S. federal, state and common law records); (b) prepare
and provide you with a letter, explaining the search results and providing Attorney's opinion as to your trademark's legal availability for
use and registration; (b) upon your request, Attorney will provide phone consultations to you for the total of sixty (60) minutes, to discuss
your proposed trademark, the search report and/or the resulting trademark application; (c) draft, prepare and file with the U.S. Patent and
Trademark Office ("USPTO") a trademark application on your behalf; (d) serve as your attorney of record for the application until registration;
(e) monitor the status of your application and keep you reasonably informed and updated; (f) receive and report to you Office Actions and other
inquiries and communications
from the USPTO; (g) respond to non-substantive USPTO's Office Actions that require less than 45 minutes each to fully resolve; and (h)
receive the registration certificate, review same for accuracy and forward the certificate to you, along with a detailed letter
explaining post-registration maintenance and renewal requirements. The scope of Attorney's services under this Agreement is expressly
limited to determining the availability of your mark, filing a new U.S. federal trademark application and legal representation toward
registering that trademark with the USPTO. Further, any responses to substantive refusals that require 45 minutes or more to answer,
Statements of Use, Extensions of Time to File Statements of Use, petitions, oppositions, cancellations and other TTAB proceedings,
judicial proceedings, any adversarial actions, litigation, complaints, cease and desist letters, and any other services not specifically mentioned in this paragraph under letters (a) through (h)
above are NOT not included within the flat legal fee and will be charged for additionally, on an hourly basis.
4. CLIENT'S RESPONSIBILITIES. You agree to fully cooperate with Attorney, timely respond to Attorney's letters,
emails, phone calls, inquiries and other communications; timely inform Attorney about any changes in your address or contact information;
timely pay all Attorney's invoices and other costs and expenses incurred by Attorney while working on your matter(s).
5. FILING FEES, COSTS AND EXPENSES. USPTO's official fees are in addition to the above-mentioned legal fees.
USPTO's current filing fees are either $225 or $275 per mark, per international class of goods, depending on the complexity of your
trademark application. There will be additional government fees (payable at a later time) for trademarks that are not used in commerce
as of the filing date. You agree to timely pay all and any such fees, and pay for any other costs and expenses incurred by
Attorney while working on your matter(s). Before incurring any such costs and expenses, Attorney will obtain your authorization in advance.
6. TERMINATION OF AGREEMENT. Either party (Attorney or Client) may terminate this Agreement at any time upon a
reasonable notice to the other party. However, Attorney is subject to applicable rules of professional conduct when terminating a
client engagement. If this engagement is terminated, Attorney will take all reasonable and practical steps to protect your interests in
the matter(s) and, at your request, will suggest possible new counsel. If permission from the U.S. Patent and Trademark Office or other
agency or court is necessary in order for Attorney to withdraw, Attorney will promptly apply for it, and you will engage new counsel to represent you.
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 initial review it is determined that Attorney cannot represent you or your trademark, you will be promptly notified and your
payment will be refunded.
7. 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. This Agreement is to be interpreted under the laws of California, and
said state's courts will have the exclusive jurisdiction over all and any disputes under this Agreement. By submitting your trademark request form, You agree to all the
terms and conditions of this Agreement. If you disagree with any of the terms or conditions, please do not submit your form.
8. SIGNATURES AND EFFECTIVE DATE. The parties may sign this Agreement electronically and in counterparts.
The Agreement is effective as of the date it was signed by you.