|Gov. Filing Fee/ One Class
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 an hourly rate of $325/HR. 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 the Attorney and Client is $925.00 USD (the “Flat Fee“) which includes the filing of one trademark and 1 Class of Goods. The rules of professional conduct for attorneys in the State of New York in the United States of America require that unearned clients fees advanced by clients to attorneys be kept in a separate “trust' account until the fees are earned and/or the representation terminated by either party. The Legal Services are completed and the Flat Fee is earned when Attorney provides the trademark search results and a draft trademark application to Client with for confirmation before filing. Client may be entitled to partial refund if the Client terminates this agreement prior to the completion of Attorney completing the Legal Services
4. COSTS AND EXPENSES. The US Government fee is either $225 or $275 per international class for trademark application filings. Any additional class beyond the first one included in the $925 will be based on this fee structure. Please note, in the event that you are not currently using your mark in commerce, we can file an Intent-To-Use Application, which will cost an additional $125.00 Government filing fee at a later point in time, when we submit a Statement of Use illustrating the Mark’s use in commerce. In the event that we do file an Intent-To-Use Application, you will be responsible for the $125.00 Government filing fee at that later date.
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.
By Submitting payment, Client agrees to the terms of this agreement.