Federal Trademark Registration Form

1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Cohn Legal, PLLC (“Attorney“) and You (“Client“) and is effective as of the latest date of signing by Client.

2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client are the search of the Federal, USPTO database for identical or sufficiently similar trademarks to the Client’s and provision of the search results, if Client elects to purchase the USPTO Search, preparation and filing of Client’s trademark application, and monitoring Client’s trademark application once filed (“Legal Services“). If Client elects to purchase the optional Comprehensive Common-Law Trademark Search, Attorney will also perform that search as described in Section 3. Neither the USPTO Search nor the Comprehensive Common-Law Trademark Search is included unless selected and purchased by Client. All additional services, namely responding to Procedural and Substantive office actions including “Likelihood of Confusion rejections“ and “Descriptive rejections“ will be billed according to a per project basis. These additional charges will be discussed with the Client before Attorney commences work. Client will be cooperative and responsive, providing necessary information and monies for all legal fees and costs. Client will also notify Attorney of any changes to Client’s Address and Contact information. Client understands that Attorney cannot guarantee the admission of the trademark to the USPTO and that the application may result in denial of the Client’s trademark.

3. FEE. The flat fee for the legal services agreed to by Attorney and Client is $650.00 USD per trademark application when Client selects the package that includes the USPTO Search (the “Flat Fee”). The Flat Fee includes both (i) a trademark search of one (1) proposed mark in the USPTO register (the “USPTO Search”) and (ii) preparation and filing of one (1) trademark application.

Attorney’s standard fee for the USPTO Search when performed as a standalone service is $375.00. When the USPTO Search and trademark application services are purchased together as part of the Flat Fee package, the search portion is provided at a discounted bundled rate. Client may elect to skip the USPTO Search, in which case the legal services fee for preparation and filing of the trademark application is $450.00 USD (the “Filing-Only Fee”). The difference between the $650.00 Flat Fee and the $450.00 filing-only fee reflects the discounted bundled rate for the search and does not represent the standalone value of the USPTO Search. The applicable fee will depend on the services selected by Client during registration.

If Client elects the USPTO Search, and the proposed mark is determined to present a conflict or is otherwise not advisable to pursue, Client may provide up to two (2) additional proposed marks for USPTO Search at no additional charge. If, after three (3) total USPTO Searches, Client wishes to continue searching additional marks, Client may submit up to three (3) additional marks for an additional $375.00 search fee. Alternatively, if Client elects not to proceed with a trademark application after the USPTO Search, Client may request a refund of the original payment less the $375.00 USPTO Search fee, subject to the completion and refund provisions below. Any bundled or package discount applies only when the USPTO Search and trademark application services are purchased together.

Client may separately purchase an optional Comprehensive Common-Law Trademark Search (the “Common-Law Search”) for an additional fee of $450.00 per mark. The Common-Law Search is available as an optional add-on whether Client selects the $650.00 Flat Fee package, which includes the USPTO Search, or the $450.00 filing-only option without the USPTO Search. Client may elect either search, both searches, or neither search. When a USPTO Search is performed, the Common-Law Search is intended to expand the search beyond the USPTO and, when no USPTO Search is selected, to provide a separate search for potentially conflicting common-law uses. The Common-Law Search does not include a USPTO Search unless Client separately selects that service. The Common-Law Search may include state business records and business names, domain names, web and image search results, and major social media platforms and usernames.

The applicable legal services fees, excluding government filing fees, are $1,100.00 when Client selects both the USPTO Search and Common-Law Search, $900.00 when Client selects only the Common-Law Search, $650.00 when Client selects only the USPTO Search, and $450.00 when Client elects neither search. Client’s selected services and corresponding fees, as recorded in the registration process and payment summary, are incorporated into this Agreement and determine the services Attorney is obligated to provide.

Client understands and agrees that Attorney uses specialized third-party trademark search software, together with other databases, search tools, and commercially available resources, to perform the Common-Law Search. This software is designed to identify and organize potentially relevant uses of identical or similar marks outside the USPTO register. Attorney reviews the results to assess potential trademark conflicts.

Client understands and agrees that there is no single comprehensive registry of common-law trademark rights and that no Common-Law Search can identify every potentially conflicting use, unregistered mark, business name, domain name, social media account, or other use of a similar designation. The Common-Law Search does not guarantee that no third party has prior rights in the proposed mark and does not guarantee registration or freedom from infringement claims.

The $450.00 Common-Law Search fee is earned upon completion and delivery of the Common-Law Search results and is non-refundable once the search has been completed and the results delivered. Each Common-Law Search applies to the specific mark submitted for that search. The two (2) additional USPTO Searches described above do not include additional Common-Law Searches. Any additional or replacement Common-Law Search requested for another mark will require an additional fee of $250.00 per search, per additional mark.

Pursuant to the rules of professional conduct applicable to attorneys in the State of New York, unearned legal fees advanced by clients are held in a separate trust account until earned or until the representation is terminated. Except for separately earned USPTO Search and Common-Law Search fees, the Legal Services shall be deemed complete, and the applicable Flat Fee or Filing-Only Fee earned, upon Attorney providing Client with the trademark search results, if applicable, and a draft trademark application (the “Draft Application”). Once Attorney provides Client with the Draft Application, Client will no longer be entitled to a refund of the earned legal services fees but may be entitled to a refund of the government filing fees, provided the trademark application has not yet been submitted by Attorney.

4. COSTS AND EXPENSES. Government filing fees are separate from the applicable legal services fees. The current U.S. Government filing fee is $350.00 per international class, provided that the goods/services are selected from the USPTO’s Acceptable Identification of Goods and Services Manual. If the goods/services must be custom drafted and are not accepted from the USPTO ID Manual, the government filing fee may be $550.00 per class. Please note that federal trademark registration requires use of the mark in interstate commerce (i.e., use in at least two states). If the mark is not yet in use, an Intent-To-Use application may be filed. In that case, a Statement of Use must later be submitted, at which time Client will be responsible for the then-applicable government filing fee (currently $150.00 per class) as well as Attorney’s legal fee of $175.00 for preparation and filing. If Client elects instead to file an Extension of Time to submit the Statement of Use, Client will be responsible for the applicable government filing fees in addition to Attorney’s legal fee of $175.00. Any additional legal services, including but not limited to responding to Office Actions issued by the USPTO (whether procedural or substantive), are not included in the Flat Fee and will be billed separately on a per-project basis. Attorney will discuss such services and associated fees with Client in advance.

5. WORK PRODUCT: The writings, notes, memoranda, reports of conversations, research and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege.

6. TERMINATION: As is appropriate in any professional relationship, You may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well. In the event that our representation is terminated, you agree to pay all bills thereafter rendered covering expenses incurred prior to the termination.

7. ENTIRE AGREEMENT / SEVERABILITY. This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, 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.

8. CLIENT ASSENT. While we agree to represent you to the best of our ability, you understand that no particular result can be guaranteed, and we do not warrant that your trademark will necessarily be registered by the USPTO. If a USPTO Search is conducted, please note that such search is limited to the records of the USPTO and is designed to identify registered or pending marks that may be sufficiently similar to present a likelihood of confusion. However, the determination of likelihood of confusion is inherently subjective, and the USPTO may still refuse registration notwithstanding the results of the search. Please further note that a USPTO search does not include a comprehensive “common law” search for unregistered marks. Common law rights may exist based on use in commerce and are not centrally registered, making them more difficult to identify. Accordingly, neither the USPTO Search nor the optional Common-Law Search guarantees that no third party has prior rights in a similar mark. Client may elect to purchase an optional Comprehensive Common-Law Trademark Search for an additional fee, regardless of whether Client selects the Flat Fee package with the USPTO Search or the filing-only option without the USPTO Search. If Client elects not to conduct either the USPTO Search or the Comprehensive Common-Law Trademark Search, Attorney will not have the benefit of identifying potentially conflicting marks through either search in advance. If Client elects only one of the searches, Client understands that the scope of the search will be limited to the selected service and that potential conflicts outside that scope may not be identified. In all cases, Attorney cannot guarantee the availability or registrability of the proposed mark or the absence of prior rights held by third parties. Client acknowledges that the selected services and applicable fees are reflected in the registration process and incorporated into this Agreement. By submitting payment, Client agrees to the terms of this Agreement.