For logos, please submit a black-and-white JPEG image. If color is an important feature, please submit in color. Uncertain? Don’t worry, Protectamark™ will evaluate.
Does the trademark have any foreign language translation or meaning within your industry? For example, do the words describe a characteristic, quality or ingredient of the products?
You listed the above goods and/or services. Protectamark™ will modify this description in an effort to provide you with the broadest protection possible, but please let us know if there are any additional specific items you want to include (i.e., shirts, hot sauce, accounting, etc.)
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.
