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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| Slogan of Trademark {{ slogans.length > 1 ? '#' + (key*1 + 1) : '' }} |
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| Logo description {{ logos.length > 1 ? '#' + (key*1 + 1) : '' }} |
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| Government Fee: |
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| Name Trademark {{ names.length > 1 ? '#' + (nameKey + 1) + ' ' : '' }}- Product Category |
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${{ number_format(350) }} |
| Name Trademark {{ names.length > 1 ? '#' + (nameKey + 1) + ' ' : '' }}- Service Category |
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${{ 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] }} |
${{ number_format(350) }} |
| Slogan Trademark {{ slogans.length > 1 ? '#' + (sloganKey + 1) + ' ' : '' }}- Product Category |
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${{ number_format(350) }} |
| Slogan Trademark {{ slogans.length > 1 ? '#' + (sloganKey + 1) + ' ' : '' }}- Service Category |
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${{ 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 the Attorney and Client is $450.00 USD (the “Flat Fee“) per trademark application. Client understands that because he/she/it chose to not hire Us to conduct a preliminary trademark search for existing marks and/or to evaluate the viability of the trademark vis-à-vis trademark law, Client’s mark may be rejected. The rules of professional conduct for attorneys in the State of New York in the United States of America require that unearned client’s 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 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, Applicant 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 the 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. This fee includes a $375.00 charge for a trademark search of one (1) mark in the USPTO register.
If a proposed mark is determined to present a conflict or is otherwise not advisable to pursue, Client may provide up to two (2) additional marks for search at no additional cost. If, after three (3) total searches, Client wishes to continue searching additional marks, Client may submit up to three (3) additional marks for an additional $375.00 search fee, or may request a refund of the original payment minus the $375.00 search fee (per trademark).
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. 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, Applicant 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 the 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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