I affirm that I am the owner of the Prospective Trademark or am authorized by the prospective Trademark Owner to engage a law firm for representation regarding the trademark that is contemplated in the foregoing trademark workflow. The Trademark Owner (“Client”) understands that the law firm of LegalForce RAPC Worldwide P.C. (www.legalforcelaw.com, the “Firm”) may be representing soley the Trademark Owner with respect this U.S. trademark matter only after a successful check. Client understands that this Firm’s representation does not extend to any foreign trademark matters or to any other party other than Client. This Service Agreement shall not be read as to invite or create an attorney client relationship with anyone other than the prospective owner of the trademark.
I warrant, on behalf of the Client, all of the following:
Client understands these Terms of Service will serve as an Engagement Letter and Attorney-Client Fee Agreement with Client if signed by me on behalf of Client and then accepted by the Firm after conflict check, and any and all disputes arising from this agreement will be resolved through private, binding arbitration rather than litigation as described herein. Client fully understand that in order to best protect the interests of the Client, the law firm of LegalForce RAPC Worldwide, a California professional S Corporation, will deposit any funds paid for all United States legal services into an IOLTA escrow trust account until a conflict check is performed and law firm fees are earned.
If I elect on behalf of the Client live support services, *I understand that LIVE SUPPORT is an automatic, monthly recurring service offered by Trademarkia and which automatically renews each month based on the month that Client purchase the service.* Client understand that Client may cancel Live Support at any time by simply logging into the Trademarkia website and canceling the service, or contacting us, at any time at firstname.lastname@example.org or calling the toll free number 877-794-9511.
Our address for any correspondence is:
LegalForce RAPC Worldwide P.C.
440 E. Southern Avenue
Tempe Arizona 85282
Client understand that if Client decides to file a trademark application in the United States, the Client may be represented by U.S. licensed attorneys at the Firm's law offices in Mountain View, California and Tempe, Arizona after a successful conflict check. Client understands that the scope of representation is limited to representation through the registration process of the trademark. Absent an agreement in writing to the contrary, representation shall end 60 days after a mark becomes registered or abandoned. Representation will end in the event that the mark is assigned to a different owner. In the event that the mark is later assigned to a different owner by Client or assignees, Client understands that the future owner will not be a Client of the Firm unless a separate Engagement Letter is entered in with the future owner. I warrant on behalf of the Client that Client understands, gives consent, and gives Power of Attorney to the law firm of LegalForce RAPC Worldwide, to represent Client on trademark matters before the United States Trademark Office based on a successful conflict check. Firm is a full service intellectual property law firm with headquarters in Mountain View, California (see: www.legalforcelaw.com).
Client’s understand that he/she must communicate confidential information only through the licensed attorney with whom Client has an attorney/client relationship at the Firm. Client understands that there is a wall and electronic confidentiality agreement between communications between employees of Trademarkia and Firm with respect to any confidential materials. Client understands that attorneys at the Firm will not share confidential information with Trademarkia customer service representatives.Client understands that attorneys at Firm are able to advise me only on federal U.S. legal issues and/or state law questions in states in which attorneys at the Firm are licensed only.
Client understands that, from time to time, the Firm may hire licensed attorneys on fixed fee contractual basis to assist internal attorneys employed by the Firm in the initial review of new trademark filings, initial review of statements of use, and in the initial preparation of Office Action responses when business circumstances warrant (e.g., peak season overload, quality improvement, preparation time reduction) at the Firm's sole option. The Firm will verify that any attorney the Firm chooses to hire on a contractual basis is licensed, and in good standing, with a State Bar in which they are licensed. Further, the Firm will ensure any licensed attorney hired as a contractor to the Firm signs a confidentiality agreement with the Firm for all work product produced for review and final approval by internal attorneys employed by the Firm.
To further protect client confidences, the Firm will ask each contract attorney to separately check for conflicts before working on any matters contracted. Client hereby understands that these contract attorneys may be paid on a fixed fee basis, in proportion to the services performed. Client understands that any and all contract attorneys employed by the Firm will be under the Firm's umbrella malpractice insurance policy, but may be required to carry their own malpractice insurance or be self-insured. Client understands that he/she will not be separately billed for the services performed by the contract attorney of the Firm for flat fee services. Further, Client understands that the fees of any Contract Attorneys of the Firm will be directly negotiated and paid by the Firm, and will generally be approximately one quarter to one third percentage of flat fees collected from me. All work product prepared by contract attorneys will be finally reviewed and signed off by attorneys employed by the Firm.
By agreeing to these Terms of Service, I warrant that the Client, hereby provides informed, written consent to the Firm to employ licensed contract attorneys of its choice per the terms defined herein, and Client agrees to the participation of all lawyers, both internal and contract attorneys, involved in the performance of services performed by the Firm on the Client’s behalf.
Client understands that he/she is free to choose any licensed U.S. trademark attorney for representation by not using the Trademarkia website, and that a complete list of registered attorneys licensed to practice U.S. federal trademark law may be obtained by contacting a State Bar in my state.
Firm may refund or offer satisfaction credit for non-legal services that have not been completed upon my request in email or writing only, and such a request must be made to email@example.com within 5 days of purchase. Client understands that any purchase of non-legal services he/she orders from Trademarkia are final and no refunds will be issued once the service has been completed. After 5 days, no refunds will be given for such orders, and all such sales are final. When requesting a refund, Client agrees to make clear who such refund should be sent to, and if applicable, who to make a check payable to, proof of authority to speak on behalf of purchaser or proof of identification as the purchaser, as well as provide the address to which any check may be mailed. Client agrees to accept a check for any refund provided and that he/she will notify Firm of my request in writing for a refund within 5 days of purchase.
Client understand the rights granted by a U.S. trademark extend only throughout the territory of the United States and have no effect in any foreign country. Client understand almost every country has its own trademark law, and Client desiring a trademark in a particular country must make an application for trademark in that country, in accordance with the requirements of that country. I further acknowledge and waive any rights to conflicts between marks secured by third-parties using the technology of the Firm or Trademarkia in foreign countries in which I have not registered my trademark.
For non-U.S. trademark matters, Client hereby understands that trademarks will be filed in Client’s name when country law permits, or will be managed by licensed law firms in countries other than the United States ("Regional Firm") for trademark matters in such countries. In instances where a Regional Firm is authorized, Client understands that the attorney/client relationship will be between he/she and the Regional Firm, and that Client will not be assisted by the Firm other than for the limited purpose of ensuring that Client is satisfied with the services of the Regional Firm. In the case that information is shared with the Prospective client through Firm on behalf of the Regional Firm, such communications will be privileged and maintained confidentially. Client will be introduced to Regional Firm, and any confidential communication for non-U.S. matters may be between me and the Regional Firm only, without involvement from Firm. Client hereby understands that any international fees listed or paid by me may include a small cash rate and exchange fee hedge against currency fluctuations and are quoted in US dollars. The international fees listed on Trademarkia are subject to change or fluctuation due to changes in exchange rates, regulatory change, or other change not within the control of Firm and upon notification of such difference, Client agrees to either pay the difference or cancel my request for services for such international trademark application requests.
When requesting the creation of a business page on Trademarkia that does not involve a federal registration request with the United States Patent and Trademark Office, Client understands that Firm will not offer representation. Fees will be earned by Trademarkia immediately upon creation of a business page listing on Trademarkia, and Client will be solely responsible for the accuracy of the information Client provides to Trademarkia.
Scope of Representation: LegalForce RAPC Worldwide Terms of Engagement
For U.S. trademark matters, these terms of service and representation agreement ("Agreement") is entered into by and between LegalForce RAPC Worldwide ("Firm") and the person who requests the U.S. trademark related services (“Prospective Client” or "Client"). This Agreement becomes effective on the date Client requests the services described below, and only if Client elects to make such a request.
I hereby understand, give consent, and give Power of Firm to the law firm of LegalForce RAPC Worldwide to represent me on trademark matters before the United States Trademark Office based on a successful conflict check. Firm is a full service intellectual property and corporate law firm with headquarters in Mountain View, California (see: www.legalforcelaw.com). For U.S. trademark matters only, the Trademark Owner (“Client”) understands that Firm will provide representation only after a successful conflict check, at which point Trademark Owner will become the Client. Until that time, the Trademark Owner will be a Prospective Client of the Firm only.
1. Limited Scope of Services
For Standard and Plus packages, Client retains Firm (1) to prepare and file a trademark application based on the information given to Firm by Client electronically through the Trademarkia.com website and (2) to serve as an attorney contact for future correspondence between the USPTO and the Client. In addition to this, Client retains Firm to provide a single phone consultation of up to thirty (30) minutes (Limited Scope of Services) in the Comprehensive trademark packages described on the Trademarkia.com website, at the Client's request. In addition, in the comprehensive trademark registration filing packages, Client retains Firm to provide additional services including:
- an initial email to the Client that confirms the information electronically provided by Client;
- suggestions on how to emphasize what Client believes to be the trademarkable aspects of Client's name, logo, sound, and slogan written description submitted through Trademarkia.com;
- answers to Client’s basic federal trademark law questions;
- suggestions on how to use trademark search results;
- answers to why you may want to obtain a trademark ability opinion based on your trademark search results;
- brief explanation of advantages and disadvantages of filing intent to use trademark applications;
- answers to your questions of whether a federal trademark or other type of federal intellectual property protection is appropriate for you;
- suggestions on how to proceed to protect your business name, logo, sound, or slogan through federal trademark protection;
- brief explanation of advantages and disadvantages of an infringement opinion; and
- summary of consultation in email to you if you request it.
Therefore, and as examples only, EXCLUDED from the Limited Scope of Services are:
- discussion on state trademarks and/or state law;
- assessment of common law rights by others that might preclude you from securing common law rights or acquiring federal registration;
- responses to Office Actions from government agencies;
- responses to Cease and Desist challenges from parties disputing ownership;
- responses to Opposition proceedings against your trademark;
- review, analysis, and formal opinion of prior art or trademark search results;
- appeals to the Trademark Trials and Appeals Board (TTAB);
- assessment of originality of mark;
- assessment of ownership;
- assessment of likelihood of confusion challenges;
- assessment of statutory and court-sanctioned bars to trademarkability;
- infringement of trademarks owned by others.
- Examination and assessment of any of your previously filed trademarks and any recommendations thereto.
Client may retain Firm to provide all or some of the excluded services under a separate engagement agreement.
2. Service Fees/Costs
For the Limited Scope of Services, and prior to the commencement of services, Client agrees to pay Firm the charges described herein.
Furthermore Client expressly agrees that for Standard, Plus, and Gold Packages, Firm's fees are earned once any one of the following conditions are met:
- Firm has conducted a preliminary review of the filing information submitted by Client.
- Firm has sent correspondence to Client regarding any issues related to the preparation of Client's pending trademark application order, including but not limited to, requests for Proof of Use, changing to the Identification of Goods and/or Services, and results of a Direct Conflict search.
- Client utilizes any of their allotted phone consultation time with Firm.
- Firm commences any of the limited scope of services outlined in the Limited Scope of Services of Section 1.
The Firm charges standard fixed fee rates, and/or hourly fees based on the type of matter and other considerations for which fees are calculated based on the standard rates of the partners, associates, and paralegals of the Firm that perform services on the Client’s behalf.
3. Cancellation Policy
The Limited Scope of Services may be cancelled by Client prior to the time Firm commences work on the Limited Scope of Services. Service fees are non-refundable any time after Firm commences the Limited Scope of Services.
4. No Guarantee
a. Firm has made no representations, promises, warranties or guarantees to Client, expressed or implied, regarding the outcome of Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty or guarantee.
b. Client understands that the time limitation for the Limited Scope of Services could be disadvantageous to Client. For example, Firm cannot and does not make any representation that all of Client's questions can be fully explored and discussed. Therefore, important aspects of Client's business interests, mark likelihood of challenges by other parties and/or Client's situation may not be addressed. If important aspects are not covered, this may negatively affect the scope and/or accuracy of the consultation.
c. Client understands that Firm is available for a supplemental consultation if Client believes that the Limited Scope of Services was insufficient for Client's needs.
d. Client understands that Firm cannot file an Office Action response on their behalf if the time limit given by the government has expired. In such instances, if an Office Action response request is made by the Client after the time limit given by the government has expired, Client hereby authorizes the Firm to file a Petition to Revive the trademark application if such an option is still available and to charge the applicable government fee associated with a Petition to Revive to the payment information provided by the Client. If the option is no longer available, Firm will refund all escrow IOLTA funds related to such a request to the Client.
5. USPTO Filing/Public Information
Once the Client’s application is submitted, Client understands that the USPTO will not cancel the filing or refund fees paid. The government filing fee is a processing fee, which is not refunded even if the USPTO cannot issue a registration after a substantive review. This is true regardless of how soon after submission Client might attempt to request cancellation of the filing. Therefore, Firm requests that Client review all information submitted carefully in prior to submission.
All information submitted to the USPTO at any point in the application and/or registration process will become public record, which may include the ownership name, phone number, email address, or street address. By authorizing Firm to file the application, any response, or submission to the USPTO, Client acknowledges that CLIENT HAS NO RIGHT TO CONFIDENTIALITY in the information provided. The public will be able to view this information in the USPTO’s online database and through internet search engines and other online databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, cancelled, or expired. For any information that may be subject to copyright protection, Client represents that he or she has the authority to grant, and is granting, Trademarkia and the USPTO permission to make the information public in its online database and in copies of the application or registration record.
6. Consent to Firm for Changes and/or Discretion
Client agrees and authorizes Firm to make changes to Client's trademark application for the purpose of facilitating registration of Client's trademark application in accordance with applicable law. These changes include, but are not limited to the following:
- The identification of goods and/or services including classes and descriptions provided by client for legal accuracy.
- Any changes proposed by the governmental or trademark-issuing body overseeing Client's trademark application, including but not limited not, disclaimers, translation statements, drawing descriptions, and changes to identification of goods and services.
i) Proof of Use/Specimens
Where Client requests filing of a 1(a) Use-In-Commerce trademark application with the USPTO, Client expressly agrees and authorizes Firm to examine the validity, authenticity, applicability, appropriateness, and suitability of the proofs of use/specimens (“specimens”) submitted by Client. Client expressly agrees not to submit to Firm any fraudulent or fabricated specimens of use to the Firm. Client understands that under United States law, a trademark must be used in commerce in the territory of the United States consistent with the description and classification selected to qualify as a 1(a) Use-In-Commerce trademark filing. Where such specimens are not sufficient, Client agrees and authorizes Firm to conduct an on-line search for alternate acceptable specimens on the Client’s website, and to file such specimens with Client's application if the Firm determines that such specimens are authentic, valid, and not fraudulent based on the statements provided by the Client to the Firm by the Client. Firm will exercise its best efforts and discretion to ensure the accuracy, legitimacy, and validity of such specimens submitted to it consistent with United States law.
Where Firm requests Client to provide alternate specimens, if Client fails to provide the requested alternate specimens within 72 hours of Firm's initial request, Client agrees and authorizes Firm to file with the current specimens provided and/or other specimens deemed acceptable by Firm or file their application as an Intent to Use 1(b) filing based on the discretion of the Firm to protect the Client’s interests.
Where Client does not provide proof of use that is accurate, valid and acceptable or fails to provide any proof of use, Client authorizes Firm to file the application as a Section 1(b) “Intent To Use” application. If Client does not provide proof of use, Client expressly and voluntarily declares that Client has a bona fide intention to use or use through any related Company or firm or licensee, the mark in commerce in the United States or in connection with the identified goods and/or services, and understands that additional fees to show proof of use may apply if the application is accepted by the United States Patent & Trademark Office (USPTO). The Firm reserves the right to drop power of attorney if evidence is sufficient to determine that the Client has provided a fraudulent specimen to the Firm in an effort to deceive the Firm or the USPTO of legitimate use in commerce in the United States or in a foreign country.
ii) Logo Mark Applications
Where Client requests filing of a logo mark application, Client agrees and authorizes Firm to file the logo mark application based upon the colors expressly claimed and/or featured on the logo mark submitted by Client or in Black and White (B&W) format if the Firm feels that their interests would be better protected if no color claims are made to preserve rights in any color based on the professional discretion of the Firm to best protect the Client’s interests. Client expressly acknowledges that it is their responsibility to request, in writing, that a logo mark be filed without or without a color claim if desired.
7. Representations of Client
In providing Firm and/or Regional Firm with any information and/or materials to be used in conjunction with Client's request for trademark legal services, Client expressly and voluntarily declares that:
a. Client believes they are entitled to use the applied-for or at-issue mark in commerce, and that they are the owner of the trademark/service mark sought to be registered.
b. To Client's best of their knowledge and belief, no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive;
c. Client declares that all statements made of his/her own knowledge and provided to Firm and/or Regional Firm are true; and that all statements made on information and belief are believed to be true;
d. Client acknowledges and understands that Firm and/or Regional Firm may reasonably rely upon any information and/or materials provided by Client to be used in conjunction with Client's request for trademark legal services;
e. Client understands that any willful false statements and the like may be punishable by law and constitute grounds for invalidating any trademark filings utilizing such willful false statements and may jeopardize the validity of the application or submission or any registration resulting therefrom;
f. Client understands that filing of a Section 1(b) "Intent to Use" as the filing basis requires the Client to do the following before the mark can register: (1) begin using the mark in commerce in the territory of the United States consistent with a good/service associated with the description and classification selected; and (2) file an Allegation of Use that includes a valid specimen of this use in commerce within the United States and an additional fee. Furthermore, even if the application has already been approved, examination of the Allegation of Use may result in the examining attorney issuing a refusal;
g. Client expressly agrees not to submit to Firm any fraudulent or fabricated specimens of use to the Firm. Client understands that under United States law, a trademark must be used in commerce in the territory of the United States consistent with the description and classification selected to qualify as a 1(a) Use-In-Commerce trademark filing;
h. Client believes the specimen(s) shows the mark as used on or in connection with the goods/services in the application when filing under Section 1(a) as a use in commerce trademark;
i. To the best of the Client's and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive;
j. To the best of the Client's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support;
k. The Client declares that all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true; and
l. Where Client fails to adhere to any of the provisions listed in Section 7(a)-(k) above, Client indemnifies, absolves, and holds harmless Firm and/or Regional Firm from any liability stemming from Client's failure to adhere to the provisions of this Section 7 contained herein.
8. Choice of Firm
Client agrees and authorizes the Firm to select any licensed U.S. trademark attorney at the Firm to work on the client's matter at Firm's discretion. If Client wishes to request a specific attorney at the Firm to work on their matter, Client must notify the firm within 48 hours of making their initial request for legal services. Client acknowledges that their request is subject to the availability and consent of the requested attorney, and that the ultimate selection in attorneys lies with the Firm in the absence of a specific directive from the Client. Client may review profiles of attorneys at the Firm at www.legalforcelaw.com.
Prospective Client understands and hereby acknowledges that by agreeing to these Terms that Prospective Client grants and provides informed consent to the Firm to earn legal fees for their United States trademark application, and optionally file their trademark application if the Firm determines that there are reasonable grounds to proceed to best protect the Client’s interests, if no response is received from the Prospective Client in written email response within three (3) business days after the Firm sends to the Prospective Client an email outlining risk of refusal for issues including but not limited to: vagueness and incompleteness in proof of use, classification selection(s), description provided, risk of likelihood of confusion or other challenges or concerns that may be posed that create roadblocks and/or prevent the registration of their trademark.
Further, the Prospective Client understands and hereby acknowledges granting informed consent to the Firm, that Prospective Client understands that there is a chance for an initial refusal based on issues including but not limited to disclaimers, classification, description of goods and services, a likelihood of confusion or other third party challenge against their mark, which will require a separate retainer payment of $399 to $999 (based on complexity of the response required) should that risk materialize in the form of an Office Action by the USPTO, and/or $1500+ if a third party opposition and/or cancellation proceeding is initiated against their mark. The Prospective Client hereby acknowledges being informed of these risks.
Prospective Client hereby agrees to timely respond to email or telephonic communications by the Firm with the Prospective Client with respect to legal matters within three (3) business days. The Prospective Client understands that failure to respond to official communications by the Firm with respect to Office Action, Notice of Allowance, or Dispute matters can result in the loss of rights and/or additional legal fees incurred by the Prospective Client, and owed to the Firm, when the Firm prepares a complete or partial response based on information already provided to the Firm to preserve the Prospective Client's legal rights because of an impending deadline and a lack of timely response by the Prospective Client. The Prospective Client understands that they will receive a bill for these services in the instance that the Firm responds on their behalf because of a lack of communication by the Prospective Client, and expressly agrees to timely pay these invoices for services rendered (between $399 to $999 depending on complexity of response).
The Prospective Client also hereby acknowledges that government fees paid by the Firm on the Prospective Client's behalf are non-refundable, as the United States Trademark Office and many foreign trademark offices do not offer refunds. In the event a client is not satisfied with the services provided by the Firm, the Firm may grant client satisfaction credit for its legal fees portion only to be used for future services by Firm at its sole option.
Furthermore, the Prospective Client hereby understands that legal fees to the Firm are earned regardless of whether the mark is actually filed upon commencing of substantive work reviewing a trademark filing matter, as professional legal counsel to not proceed with a filing is legal advice and counsel which can save the Prospective Client substantial and non-refundable government fees, marketing expenses, branding expenses, advertising expenses, and loss in goodwill, among other business expenses in trying to pursue a name, logo, or slogan that is not likely to be registrable as a federal trademark. Client hereby is informed and hereby understands that providing legal counsel to the client to not proceed requires substantive review and legal analysis (e.g., search, analysis of prior marks, and opinion) by attorneys of the Firm, and this is valuable consideration for legal fees earned.
Further, the Prospective Client hereby provides informed consent to the Firm to modify their description of goods and services and classification selection based on the sole discretion of the Firm's attorneys representing the Prospective Client's interests based solely on the information provided to the Firm by Client. On Trademarkia.com based on submitted proof of use.
9. General Responsibilities of Firm and Client
It will be the Client’s continuing obligation to assist the Firm in the Client’s representation and provide the Firm with any relevant information requested by the Firm in the scope of representation. It is the Client's continuing duty to inform the Firm of the identity of any person(s) or corporation(s) who is/are adverse to Client or in conflict with the Client with respect to those legal matters as to which the Firm is representing Client.
Client agrees to provide complete and accurate information to Firm's attorneys, to cooperate, to keep Firm's attorneys informed of any important developments which may come to Client's attention, to abide by this Agreement, to pay Firm's bill on time and to keep Firm advised of Client's address, telephone number and whereabouts.
Firm will keep the Client apprised of significant developments in the performance of our services as required by the applicable Rules of Professional Conduct. We will also consult with the Client as necessary to ensure the timely, effective, and efficient completion of our work. Unless the Client instructs us otherwise in writing, our communications with Client may be through email without encryption (with the risk is that a third party may intercept an unencrypted communication). Firms at the Firm are licensed in the State of California, and hereby limit their counsel to clients on California state law and U.S. federal law matters only.
If and when it is necessary for us to engage foreign associates to handle filings and other matters outside the United States, the foreign associate will form a direct and independent attorney-client relationship with the Client. The Client understands he or she is financially responsible for payment of the foreign associate's fees, and the foreign associate is directly responsible to the Client for the proper discharge of professional services rendered by that associate.
10. Waiver of Confidentiality of Identity
Unless you advise us in writing at the time of our engagement, by signing this agreement, Client hereby agrees that Firm can publicly disclose that Firm represents the Client. Client also understands that we may, for example, have to disclose such representation to other clients to provide adequate disclosure to resolve client conflicts. The U.S. Patent Office also makes such relationships public. This waiver applies to Client's identity only.
Trademarkia.com is a website of the law firm of LegalForce RAPC Worldwide P.C. (www.legalforcelaw.com) in Mountain View, California (“Firm”)
12. Future Work for Others
Client agrees that Firm or Regional Firm's representation of Client is for the Limited Scope of Services defined herein, and Client agree that Firm or Regional Firm may represent parties in the future on matters that may be adverse to Client, so long as such future representation does not involve confidential information which Firm or Regional Firm gained from its representation of Client pursuant to this Agreement. In any event, Firm or Regional Firm will seek to prevent any and all conflicts of interest by withdrawing Power of Firm and notifying Clients to select another firm when necessary. During such a process, Firm or Regional Firm will preserve client confidences and will work to make such a transition as smooth as possible. Client agrees that emails and/or telephonic calls is the primary mode of communication, and therefore Client agrees to regularly check for voicemails and emails from Firm or Regional Firm for important, time sensitive communications, and not to block such communications if the Client wishes to remain sufficiently informed.
13. General Responsibilities
Firm and/or Regional Firm will keep the Client apprised of developments as necessary to perform our services and will consult with the Client as necessary to ensure the timely, effective, and efficient completion of legal work. Unless the Client instructs Firm and/or Regional Firm otherwise in writing, this contact may be through email without encryption (the risk is that a third party may intercept the communication). If and when it is necessary for Client to engage Regional Firm to handle filings and other matters outside the United States, the Regional Firm may form a direct and independent attorney-client relationship with the Client. The Client is financially responsible for payment of the Regional Firm's fees, and the Regional Firm is directly responsible to the Client for proper discharge of professional services rendered by that associate.
14. Advance Waiver of Future Conflicts of Interest
The Firm's practice involves the representation of many different clients, some of whom focus on similar business areas as yours. Due to the size of our Firm, there might potentially be a different group of attorneys in the Firm preparing and prosecuting trademark or patent applications for another Firm client – perhaps a competitor of yours – in the same, similar or related technology or service space as the Client.
Our engagement by you is also understood as entailing your consent to our representation of those other future clients in matters in which one of those other clients would be adverse to you in matters unrelated to those that we are handling or have handled for you. Given the nature of our Firm's business spanning many different industries, however, the Firm must preserve its ability to represent those other clients on matters which may arise in the future, including matters adverse to Client, provided that we would only undertake such representation of those clients under circumstances in which we do not possess confidential information of Client's relating to the transaction, and we would staff such a project with one or more attorneys who are not engaged in your representation. In such circumstances, the attorneys in the two matters would be subject to an ethical wall, screening them from communicating with each other and from access to the other matter's documents regarding their respective engagements. If Client is aware of any entities or matters for which we should invoke such an ethical wall/screen, you are invited to identify such entities to us in writing. If any dispute occurs between current clients, the Firm will not represent either of the current clients in that particular dispute, absent written consent from both affected clients.
Client understand that Firm would not agree to undertake your representation herein without this advance waiver.
Although you may revoke this waiver as to future matters at any time, you agree that such revocation will not affect any matters undertaken by the Firm prior to Firm's receipt of your written notice to us of the revocation, even if those matters are still pending at the time of Firm's receipt of your notice of revocation.
Client is made of the Client’s right to consult with independent counsel to determine whether you wish to enter into these terms including this advance waiver and this engagement letter. Client acknowledges that you have had sufficient opportunity to do so, and that you hereby consent to our representation of our other clients under the circumstances described in this section.
Client hereby agrees, by expressly accepting this agreement, that Firm and Regional Firm may publicly disclose that Firm and Regional Firm represent the Client. Firm and Regional Firm may, for example, have to disclose such representation to other clients for reasons of identifying and/or resolving client conflicts, and/or in marketing communications. The U.S. Trademark Office and the European OHIM Trademark Office also makes such relationships public.
Firm and Regional Firm's expertise derives from many years of representing thousands of Clients, some of whom focus on similar business areas. Due to the size of Firm and Regional Firm, there is potentially a different group of attorneys in the Firm and Regional Firm preparing and prosecuting trademark applications for another entity (perhaps a competitor) in the same, similar, or related technology area as the Client. It is our belief that such representation does not amount to a potential or actual conflict as defined by the United States Patent & Trademark Office and the California Rules of Professional Conduct.
In most situations, Client understands that is not even possible to predict such potential conflicts. Therefore, Firm and Regional Firm want the Client to be aware that Firm and Regional Firm do not view such possibilities as requiring any disclosure under Rule 3-310(B). Firm and Regional Firm ask that the Client hereby provide consent, by accepting this agreement, to our representation of such other clients. The Client can be assured that to the extent Firm and Regional Firm are aware of the possible relatedness of technology Firm and Regional Firm are working on for different clients, Firm and Regional Firm take reasonable steps to prevent any information provided by the Client from being made available to members of the Firm and Regional Firm working for competing entities in the same technology area. In addition, if the Client is aware of any entities for which Firm and Regional Firm should take such reasonable steps, the Client is invited to identify such entities in writing. It should also be noted that if a dispute occurs between Clients, Firm and Regional Firm will not represent either of the Clients in the dispute and will have to withdraw from representation of one or both parties. Client may terminate our relationship at any time and for any reason.
This engagement will conclude upon the completion of services contemplated by this agreement, or Firm may withdraw as permitted by the Rules of Professional Conduct. Client remains responsible for paying all fees and costs Firm incurs on Client's behalf before termination or withdrawal, plus fees for any work reasonably incurred by the Firm in winding up the Client’s representation.
15. Export Control
Client hereby affirms, by signing this agreement, that any technology or subject matter submitted by the Client within the scope of our service conforms to at least one of the following conditions:
- All technology or subject matter falls within a non-defense related classification under Export Administration Regulations (EAR).
- All technology or subject matter falls within a dual-use classification under EAR, but is not subject to export control restrictions on defense related items.
- The technology or subject matter has already been exported by the Client, is subject to automatic licensure under the export control provisions of EAR, and/or is internally managed by the Client in accordance with EAR.
Other than the requirements set forth in paragraph 1 (above), this agreement cannot be modified, except pursuant to a written document signed by Client and the Firm.
17. Effective Date
The term of this engagement shall commence and become effective on the date this Terms of Service and Engagement Letter is electronically signed by the user and shall extend until modified by the parties, confirmed in writing. The parties to this agreement shall be the user, Trademarkia and Firm. The user understands that Trademarkia and Firm cross sign and execute this agreement automatically upon acceptance of the Terms herein by the user. The initial projects shall be governed by the following terms of engagement between the user, Trademarkia, and the Firm.
This agreement supersedes prior agreements between the Firm and the Client.
18. General Terms
As in all areas of law, the final outcome of a matter cannot usually be determined with absolute certainty. Client acknowledges that we give no assurance, guarantee, or warranty regarding the outcome of any matter, and that the Client’s decision to retain us is not based upon any representation by us, or belief on the Client’s part, that any particular outcome will, or will not as the case may be, result.
This agreement constitutes the complete and entire agreement between the Client and the Firm relating to the subject matter of this agreement, and there are no other agreements, inducements, promises, representations, or understandings, oral or otherwise. This agreement cannot be modified, except pursuant to a written document signed by the Client and us.
19. Agreement for Binding Arbitration
Firm and Regional Firm do not anticipate having any disagreements with the Client about the quality, cost or appropriateness of our services, but if any concerns about these matters arise, please notify us immediately. Firm and Regional Firm would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each of us hereby agrees that all disputes or claims between us of any nature whatsoever, including but not limited to those relating to our fees or the quality or appropriateness of our services, shall be resolved by binding arbitration. Firm and Regional Firm choose arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.
20. Arbitration of All Disputes Including Claims of Malpractice
We do not anticipate having any disagreements with the Client about the quality, cost or appropriateness of our services, but if any concerns about these matters arise, please notify us immediately. We would endeavor to resolve any disagreements in a fair and amicable manner. If it is not possible to resolve the disputes ourselves, then each of us hereby agrees that any dispute between Firm and Client regarding the construction, application or performance of any services under this Agreement, and any claim arising out of our relating to this Agreement or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney’s fees and/or costs charged under this Agreement shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. We choose arbitration because it is usually less expensive and quicker than litigation and will allow us to resolve our disputes privately.
The arbitration shall be conducted by Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator must decide all disputes in accordance with JAMS' rules and in accordance with California law, and shall have the power and obligation to decide all matters submitted to it, including arbitrability and legal questions raised by pleading or summary judgment motions. The parties agree that the arbitration shall apply the California Rules of Evidence in the arbitration.
The arbitrator shall allow limited discovery to enable the Client and Firm to present our cases, but shall be mindful of our mutual desire to avoid the expense of broad discovery typically allowed in civil litigation. When the arbitrator has issued a decision, judgment on that decision may be entered in any court having jurisdiction thereof. The Client and Firm both understand that each is waiving a trial by jury. The Parties further agree that any award issued through arbitration may be appealed by either party to the JAMS Private Appeals Board.
Client and Firm confirm that they have read and understand this section, and voluntarily agree to binding arbitration. In doing so, Client and Firm voluntarily give up important constitutional rights to trial by judge or jury. Client has the right to consult with independent counsel about whether it wishes to agree to binding arbitration or to any other term of this agreement before signing it. Client agrees that it has had the opportunity to do so, and is voluntarily signing this agreement thereafter.
The arbitration shall be conducted by the Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator must decide all disputes in accordance with the chosen association's rules and in accordance with California law, and shall have the power and obligation to decide all matters submitted, including arbitrability and legal questions raised by pleading or summary judgment motions. In the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of California, excluding its choice of law rules. Furthermore, in the event that any dispute or claim is determined not subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceedings shall be instituted in a state or federal court in California, and in the Counties of Santa Clara or San Francisco.
The Client understands that it is free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before accepting it, and the Client agrees that it is voluntarily accepting this agreement.
21. Client Duties
I acknowledge and warrant that I and Client agree to be honest and truthful with Firm, to cooperate, to keep Firm informed of any information or developments that may come to my and Client's attention, to abide by this Agreement, to pay Attorney's bills and retainers on time, and to keep Firm advised of Client's address, telephone number, email and location. I acknowledge and warrant that Client will assist Firm in providing necessary information and documents and will be available when necessary in proceedings. I also warrant that my email address and contact information used to request this Engagement and sign up on the Trademarkia website will be the sole and exclusive means for Firm to communicate with the Client, and is therefore directly associated with Client.
22. Mandatory Fee Arbitration
Notwithstanding paragraphs above, in any dispute over attorney's fees, costs, or both subject to the jurisdiction of the State of California over attorney's fees, charges, costs or expenses, Client may elect arbitration pursuant to the fee arbitration procedures set forth in California Business and Professions Code sections 6200-6206 (the Mandatory Fee Arbitration Act). Arbitration pursuant to the Mandatory Fee Arbitration Act is non-binding unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. The Mandatory Fee Arbitration procedures permit a court trial after the non-binding arbitration, or a subsequent binding contractual arbitration if the parties have agreed to binding arbitration, when either party rejects the award and requests a trial de novo within 30 days after the award is mailed to the parties.
If Client does not file a request for fee arbitration within 30 days after receiving a Notice of Right to Arbitrate, Client has not elected to proceed pursuant to the Mandatory Fee Arbitration Act, and any dispute over fees, charges, costs or expenses, will be resolved by binding arbitration as provided in the previous sections.
If either party rejects a non-binding Mandatory Fee Arbitration Act fee award by timely submission of a request for trial de novo, Firm and Client agree that in lieu of a trial de novo, their dispute after the non-binding arbitration shall be resolved by binding arbitration as provided in the previous sections.
Client and Firm confirm that they have read and understand all of these provisions, and voluntarily agree to the terms set forth herein, including binding arbitration of any further dispute after either party timely rejects a non-binding Mandatory Fee Arbitration Act fee award. In doing so, Client and Firm voluntarily give up important constitutional rights to trial by judge or jury. Client has the right to consult with independent counsel about whether it wishes to agree to these terms or to any other term of this agreement before signing it. Client agrees that it has had the opportunity to do so, and is voluntarily signing this agreement thereafter.
All headings contained herein are for reference only and shall not affect the meaning or interpretation of this agreement in any manner.
We look forward to representing you. If the terms set forth in this Agreement are satisfactory, please electronically sign the original and the copy of this agreement in the space provided for you. Client should keep one copy for your records.
If any section of this Agreement is found by competent authority to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of such section in every other respect and the remainder of this Agreement shall continue in effect.
Firm and/or Regional Firm are, of course, delighted to be asked to provide legal services to the Client, and Firm and/or Regional Firm are looking forward to working with the Client on this engagement. Should the Client ever wish to discuss any matter relating to our legal representation by Firm, please do not hesitate to call us directly at 650-965-8731 (U.S. office), or to speak to one of our attorneys who are familiar with this engagement.
26. Contact Us
LegalForce RAPC Worldwide
440 E. Southern Avenue
Tempe AZ 85282
Revision Date: January 1, 2020