1. PARTIES / EFFECTIVE DATE. This Agreement is made between Sausser Summers, PC (“Attorney”) and You (“Client”). The effective date shall be the date of the latest signed Engagement Agreement. This Agreement will not be fully-executed unless and until written acceptance is confirmed via email to Client from Attorney.
2. SCOPE OF LEGAL SERVICES PROVIDED. This Engagement Agreement is for the purpose of Client hiring Attorney for the services defined as Trademark Filing (No Search) Service. Trademark Filing (No Search) Service is defined to include the following: The legal services provided by Attorney to Client will include the drafting and filing Client’s trademark application for one International Class of goods or services, monitoring Client’s trademark application, and responding to any non-substantive Office actions issued by the United States Patent and Trademark Office (“USPTO”) (“Legal Services”). All other services beyond the scope of services just described will incur an additional charge, including, but not limited to, the filing of an amendment to allege use or a statement of use for Section 1(b) intent to use applications. Client is responsible for any Government fees.
Non-substantive office actions are defined as Office actions related to issues with the legal entity status or citizenship of the applicant, the identification of goods or services, improper specimens, or improper dates of use. Substantive office actions (which are not covered) include, but are not limited to, statutory prohibitions, such as refusals based on likelihood of confusion, mere descriptiveness or generic marks, misdescriptiveness, surnames, or scandalous marks.
Client may request for Attorney to add additional international classes to the application for an additional fee. Attorney will provide the Legal Services, respond promptly to Client’s communications, and keep Client apprised of all developments with the Client’s trademark application. Client understands that this is an application process, which could end in a denial of the Client’s trademark by the United States Patent and Trademark Office. The Legal Services are provided on a “best efforts” basis and there is no guaranteed outcome. The Client also understands that registered trademarks require maintenance. MAINTENANCE AND REMINDERS OF MAINTENANCE DEADLINES WILL NOT BE HANDLED BY THE ATTORNEY UNDER THIS AGREEMENT. All time estimates are based on averages. Client understands that each case is different and may require additional time for the Attorney to complete the service.
3. CLIENT’S PROMISE. Client agrees to work together with Attorney throughout this Agreement, to be available when requested by Attorney, provide needed declarations, pay all fees and costs associated with the application process, and keep Attorney aware of Client’s current contact information, including street address, telephone number(s), and email address at all times. Client’s failure to fulfill this promise, or any other promises within this Agreement, will lead to the termination of the Client-Attorney relationship by Attorney.
Client understands that Attorney does not recommend Client make large purchases and/or investments in their trademark until the trademark is approved by the USPTO. While Attorney will keep the Client updated as to the status of their application, sometimes these notifications are not immediate. Therefore, if at any time the Client would like to have a status update of its mark, it is the Client’s responsibility to contact the Attorney and request such status updates. Client understands and agrees that Attorney is not responsible for any and all investments made by the Client into their trademark.
4. LEGAL FEE. In accordance with the Rules of Professional Conduct of South Carolina and California, the fee associated with this agreement of three-hundred and ninety-nine dollars ($399.00 USD) per trademark will be placed in an interest on lawyer’s trust account (IOLTA). Client may be entitled to a refund of all or a portion of the fee if the agreed upon Legal Services are not provided. Attorney will return to Client any unearned portion of the fee. The legal fee is considered completely earned Attorney submits the trademark application for registration to the USPTO. Attorney may be entitled to partial payment should Client terminate the relationship prior to completion of the Legal Services. Client may request for Attorney to add additional international classes to the application for an additional fee of ninety-nine dollars ($99) per international class plus the requisite Government fees associated with adding the international classes.
Please note that Legal Fees can change from time to time. Client understands that the Legal Fees associated with this agreement will expire once the services are rendered and the matter has completed.
5. GOVERNMENT FEES. Government fees are in addition to the above stated legal fees. The anticipated Government fee for a U.S. trademark registration is either two-hundred and twenty-five dollars ($225.00 USD) or two-hundred and seventy-five dollars ($275.00 USD) per international class, depending on the filing basis as well as any changes or amendments during the application process. Client shall pay the Government fee prior to application submittal. For Section 1(b) intent to use applications there will be additional Government fees that apply.
Client understands that Government fees are also subject to change and such changes are out of the control of Attorney. For a complete list of up-to-date government fees please see http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.
6. INFORMATION SUBMITTED TO USPTO AND/OR STATE TRADEMARK AGENCIES IS PUBLIC. Client understands that any and all information submitted to the USPTO and/or state trademark agencies is public information. Client does not have a right to privacy of said information. Client further understands that Attorney may make disclosures concerning the information submitted to the USPTO and/or state trademark agencies and this information is not privileged and/or confidential.
7. ADMINISTRATIVE FEES. Any and all administrative costs are the Client’s responsibility and are in addition to the above stated legal fees.
8. TERMINATION. As it is in any professional relationship, Client has the right to terminate the lawyer-client relationship and discharge Attorney at any time during the duration of this Agreement. Attorney reserves the right to terminate this Agreement as well. If Client chooses to terminate this Agreement, Client must provide reasonable notice to Attorney and agrees to cover the expenses incurred prior to the termination, including but not limited to, payment for Attorney’s partially completed Legal Services. Should Client terminate the relationship, Attorney has the option to charge an hourly fee of two hundred and twenty-five dollars ($225.00 USD) per hour on the services provided prior to termination up to the flat fee rate.
9. SEVERANCE. In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.
10. COMPLETE AGREEMENT. This Agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this website or any services rendered by Attorney to Client. This Agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this Agreement will be binding on the parties. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
11. CONFLICTS / CLIENT CONFIDENTIALITY. Representation by Attorney is contingent on Attorney’s conflict check of Client. After confirmation that no conflict exists Attorney will send Client the fully executed Agreement via email. All the notes, writings, reports, research, and communications related to this matter will be maintained in strict confidence and are protected under the provisions of the Attorney-Client privilege.
12. GOVERNING LAW. This agreement shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions.
13. JURISDICTION. Should any dispute arise, the action shall take place in Charleston, South Carolina.
14. SIGNATURES. The parties may execute this Agreement by electronic means and in electronic counterparts.