Order Summary
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| Legal Services: |
$
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| Name of Trademark {{ names.length > 1 ? '#' + (key*1 + 1) : '' }} |
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${{ number_format(itemPrice) }} |
| Slogan of Trademark {{ slogans.length > 1 ? '#' + (key*1 + 1) : '' }} |
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${{ number_format(itemPrice) }} |
| Logo description {{ logos.length > 1 ? '#' + (key*1 + 1) : '' }} |
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${{ number_format(itemPrice) }} |
| Comprehensive Common-Law Trademark Search
({{ itemsCount }} × $450)
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${{ number_format(commonLawSearchPrice) }} |
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| Government Fee: |
${{ number_format(totalCategoriesPrice) }} |
| Name Trademark {{ names.length > 1 ? '#' + (nameKey + 1) + ' ' : '' }}- Product Category |
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${{ number_format(350) }} |
| Name Trademark {{ names.length > 1 ? '#' + (nameKey + 1) + ' ' : '' }}- Service Category |
{{ names[nameKey].categoriesServices[key] }} |
${{ number_format(350) }} |
| Logo Trademark {{ logos.length > 1 ? '#' + (logoKey + 1) + ' ' : '' }}- Product Category |
{{ logos[logoKey].categoriesGoods[key] }} |
${{ number_format(350) }} |
| Logo Trademark {{ logos.length > 1 ? '#' + (logoKey + 1) + ' ' : '' }}- Service Category |
{{ logos[logoKey].categoriesServices[key] }} |
${{ number_format(350) }} |
| Slogan Trademark {{ slogans.length > 1 ? '#' + (sloganKey + 1) + ' ' : '' }}- Product Category |
{{ slogans[sloganKey].categoriesGoods[key] }} |
${{ number_format(350) }} |
| Slogan Trademark {{ slogans.length > 1 ? '#' + (sloganKey + 1) + ' ' : '' }}- Service Category |
{{ slogans[sloganKey].categoriesServices[key] }} |
${{ number_format(350) }} |
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| CLIENT CODE |
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Total
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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 preparation and filing of Client’s trademark application, monitoring Client’s trademark application once filed, and responding to any “Procedural” Office Actions issued by the USPTO which require thirty (30) minutes of time or less to answer (“Legal Services“). All additional services, namely responding to 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. Client also understands that, in order to obtain a federal trademark, Client must provide/sell a reasonably significant number of Client’s goods/services to customers in at least two different States. Client may not need to provide the goods/services in multiple states at the time of filing. If Client is not yet engaged in “interstate commerce”, we will file the application on an “Intent to use” basis and Client will file a Statement of Use at a later time, paying a Government Fee of $150/Class. If Client instead decides to have us file an “Extension” of time request to submit the Statement of use (of which there are a total of 5 extensions – each for a period of 6 months), client will be responsible for the government filing fees in addition to our legal service fee of $175.00.
3. FEE.The flat fee for the legal services agreed to by Attorney and Client is $450.00 USD (the “Flat Fee”) per trademark application. Client has elected to skip the trademark search of the proposed mark in the USPTO register (the “USPTO Search”). Accordingly, the Flat Fee covers preparation and filing of one (1) trademark application and does not include a USPTO Search.
Client may separately purchase an optional Comprehensive Common-Law Trademark Search for an additional fee of $450.00 per mark. The Common-Law Search is intended to expand the search beyond the USPTO and may include state business records and business names, domain names, web and image search results, and major social media platforms and usernames. Attorney may use third-party software, databases, search tools, and other commercially available resources in performing the Common-Law Search.
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. Each Common-Law Search applies to the specific mark submitted for that search. Any additional or replacement Common-Law Search requested for another mark will require an additional fee of $175.00 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 Common-Law Search fees, the Legal Services shall be deemed complete, and the Flat Fee earned, upon Attorney providing Client with a draft trademark application. Once Attorney provides Client with the Draft Application, Client will no longer be entitled to a refund of the Legal Service 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 Legal Service Fee. 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 must understand that no results can be guaranteed, and we do not warrant that your trademark will necessarily be registered by the USPTO. Because you have elected not to conduct a trademark search or have us analyze the viability of your trademark, we will not have the benefit of identifying potentially conflicting marks in advance, and we cannot make any representations regarding the availability of the mark or the absence of prior similar marks and/or how the USPTO may view the descriptive/generic status of your trademark. By Submitting payment, Client agrees to the terms of this agreement.
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, provide the results of the search results, preparation and filing of Client’s trademark application, monitoring Client’s trademark application once filed, and responding to any “Procedural“ Office Actions issued by the USPTO which require thirty (30) minutes of time or less to answer (“Legal Services“). All additional services, namely responding to 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 (the “Flat Fee”) per trademark application. 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 difference between the $650.00 Flat Fee and the $450.00 filing-only fee is a package discount and does not represent the standalone value of the USPTO Search.
If 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. 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 for an additional fee of $450.00 per mark. The Common-Law Search is intended to expand the search beyond the USPTO and may include state business records and business names, domain names, web and image search results, and major social media platforms and usernames. Attorney may use third-party software, databases, search tools, and other commercially available resources in performing the Common-Law Search.
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. 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 $175.00 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 Flat Fee earned, upon Attorney providing Client with the trademark search results and a draft trademark application. Once Attorney provides Client with the Draft Application, Client will no longer be entitled to a refund of the Legal Service 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 Flat Fee. 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 trademark 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, our search does not guarantee that no third party has prior rights in a similar mark. If you are interested in a broader common law search, we would be happy to discuss that as a separate engagement. If you elect not to conduct a trademark search, we will not have the benefit of identifying potentially conflicting marks in advance, and we cannot make any representations regarding the availability of the mark or the absence of prior similar marks. By submitting payment, Client agrees to the terms of this Agreement.
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