[group group-yes]YES: $850 Okay great. Because all of the products/services are already being sold, you can file on an Already-in-Use basis. Please upload one photo showing how you use your trademark in connection with your products/services:
[group group-no]NO: $750 Uh oh…..if ALL of the products/services are not yet being sold, then you need to file on an Intent-to-Use basis. The good news is that it is $100 less and that you will start your priority rights immediately upon filing….even if someone else later begins to use the mark before you begin use. There will be additional costs later to prove use when you file a Statement of Use.[/group]
[group group-onlysome]ONLY SOME: $750 Uh oh…..if some, but not ALL of the products/services are in use, then you must make a choice: 1) you can cover what is already in use ($850) and drop the intent to use items, or 2) you can cover everything in one application and file on an intent to use basis ($750). With option two, there will be additional costs later to prove use when you file a Statement of Use [LINK]. But the good news is that it is $100 less and that you will start your rights immediately. Also….even if someone else later begins to use the mark before you begin use filing in this manner doesn’t harm your ability to prove earlier use rights if a challenge arises.[/group]
Credit Card No.
RETAINER AGREEMENT 1. THE PARTIES / EFFECTIVE DATE. This Agreement is entered into by Protectamark™, Inc. (“Attorney") and You ("Client") and is effective as of the date of signing.
2. LEGAL SERVICES. Attorney will complete a trademark search report and consult with Client for up to thirty (30) minutes regarding the search results, conduct a second trademark search at no additional cost if there is a conflict, prepare and file a trademark application, monitor the application through the examination process, report any Office Action received from the Trademark Office, report the issuance of a Certificate of Registration (or Notice of Allowance if filed on an intent-to-use basis), and advise Client of future deadlines (“Legal Services”). Any other services will be at an additional charge of $350 per hour for attorney services and $125 for paralegal services.
3. RESPONSIBILITIES OF THE PARTIES. Attorney will provide the Legal Services specified in this Agreement, take reasonable steps to keep Client informed of progress and promptly respond to Client's inquiries. Unless the Parties make a different agreement in writing, this agreement will govern any other future services Attorney may perform for Client. Client agrees to cooperate with Attorney, to be truthful and inform Attorney of all relevant information or developments, to abide by this Agreement, to pay all fees and costs, and MOST IMPORTANTLY to keep Attorney advised of Client’s address, phone number and email at all times. Client will provide Attorney with all necessary information and requested documents. Client understands the application process lasts several months and Attorney’s inability to communicate with Client could result in permanent abandonment of Client’s trademark application.
4. DEPOSIT/LEGAL FEE. Client shall pay Attorney a flat fee for the Legal Services in the amount of US$850 for an already-in-use application or US$750 for an intent-to-use application (the “Flat Fee”). The Flat Fee will be fully earned when Attorney has either: 1) performed a search for an available mark and prepared a trademark application for signature by Client, or 2) performed two searches and determined that both marks are unavailable. Prior to completion of the foregoing, Client may be entitled to a partial refund if the Client terminates this agreement.
5. COSTS AND EXPENSES. In addition to paying the Flat Fee, Client shall be responsible for paying the government filing fee of US$275 per international class of goods and services for each trademark application filing. For applications filed on an intent-to-use basis, Client understands that there will be additional legal and filing fees for filing a Statement of Use together with any necessary extensions of time.
6. ATTORNEY WORK PRODUCT AND ATTORNEY CLIENT PRIVILEGE: All confidential conversations and confidential writings prepared by Attorney will be maintained in strict confidence as attorney work product and protected under the attorney-client privilege.
7. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time upon reasonable notice. Attorney may withdraw for good cause. Good cause includes, without limitation, Client's breach of this Agreement, Client's failure to keep contact information updated, or any other fact or circumstance that would render Attorney’s continued representation unlawful or unethical.
8. DISCLAIMER OF GUARANTEE. Nothing in this Agreement shall be construed as a promise or guarantee about outcome and Attorney comments about outcome are expressions of opinion only.
9. ERRORS AND OMISSIONS. Attorney maintains errors and omissions insurance coverage applicable to the Legal Services contemplated to be rendered under this Agreement.
10. ENTIRE AGREEMENT AND 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 in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire remaining Agreement will be severable and remain in effect. This Agreement may be modified only by a jointly signed written instrument.
11. FORM OF SIGNATURES. This agreement may be executed electronically in counterparts, each of which counterpart will be deemed to be an original and which taken together will constitute the Agreement.
12. NO TAX ADVICE. Attorney will not provide Client with any tax advice. If any concerns about potential tax consequences arise, Client should consult with tax advisors.
