Welcome, and thank you for using Trademarkia. Please read this user agreement and all other agreements and policies referenced herein in its entirety. These agreements and policies are collectively referred to as the “Terms of Service” (or “Terms”). Please read the following carefully before using the www.trademarkia.com website operated by the law firm LegalForce RAPC Worldwide P.C., dba Trademarkia P.C. (the “Firm”, “We” or “Trademarkia”), as these Terms contain important information regarding your legal rights, remedies, and obligations. Set forth below are various limitations and exclusions, a binding arbitration agreement, and a class action waiver.
Subject to the conditions set forth herein, Trademarkia may, at its sole discretion, amend this Agreement and other Terms of Service at any time. In the event that a revised version is posted on the Site, Trademarkia will provide reasonable advance notice of the amendment by either posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending notice by email. If the amendment includes an increase of fees charged by Trademarkia, Trademarkia will provide a notice of at least 10 days in advance. However, Trademarkia may not provide any advance notice for changes resulting in a reduction in fees or any temporary or promotional fee change. Any revisions to the Terms of Service will take effect on the noted effective date ( the “Effective Date”).
By agreeing to these Terms, you fully understand that by using the website and/or services herein incorporated, you agree to be bound by the Terms of Service, including the Arbitration Provision set forth in Sections 19-20 of this Agreement (subject to your right to opt out). If you choose not to accept the Terms of Service in its entirety, you must refrain from accessing or using the website and/or its services after the Effective Date.
As either an individual, on behalf of an entity or agency, or in connection with providing and/or receiving services on behalf of an individual, entity, or agency, you warrant that you are an authorized individual thereby having the authority to bind said individual, entity, or agency to the Terms of Service. Furthermore, by agreeing to the Terms of Service, you are effectively binding both yourself and said individual, entity, or agency to these Terms.
Terms of Service
I affirm that I am the owner of the Prospective Trademark or am authorized by the owner of the Prospective Trademark (the “Client”) to engage a law firm for representation regarding the process contemplated herein (the “Matter”). The Client understands that the law firm of LegalForce RAPC Worldwide P.C., dba Trademarkia P.C. (the “Firm”, “We” or “Trademarkia”) in the United States is solely representing the Client in the Matter, provided, however, that such representation is expressly contingent on the Firm approving the representation of the Client in the Matter. This requires, among other things, that both the Client and the Matter pass the Firm’s conflict clearance check. The Firm is the sole owner of the Trademarkia.com website. The Client understands that the Firm’s representation is expressly limited to the Matter and does not extend to any other legal services, including any foreign trademark matters. Moreover, the Firm’s Client in the Matter is solely the specifically identified Trademark Owner. For natural persons, this means that the Firm’s Client is the natural person only. For Trademark Owners who are other than natural persons, such as a business organization, corporation, partnership, joint venture, or other entity, the Firm’s Client is that organization only, and not any of the organization’s officers, directors, employees, shareholders, or corporate affiliates.
By entering into this Agreement, Client understands that the Firm’s representation extends only to the Client and not to any other person or entity, including but not limited to any officers, agents, employees, attorneys, managers, directors, partners, or any other person or entity that may be related to the Client, however, and wherever formed. Client understands that it is the Client’s obligation to disclose to the Firm any entities that they believe are related to the Client for which a conflict check is requested, such as companies and LLCs that they own, are members of, are officers of, or have a beneficial interest in. Failure to affirmatively disclose such entities within one (1) business day after entering this Agreement by the Client constitutes a waiver of any and all rights related to any conflict of interest claims the Client may later seek to raise. This Agreement shall not be read as to invite or create an attorney-client relationship, either express or implied, with anyone other than the Client.
I warrant, on behalf of the Client, all of the following:
Client understands that these Terms of Service will serve as an Engagement Letter and an Attorney-Client Fee Agreement with the Client only after (1) I indicate my acceptance to these Terms on the Trademarkia website either by clicking a checkbox or by agreeing to these Terms by clicking the “Agree” button required to complete this workflow as a prerequisite to arrive at the payment page; and (2) it is accepted by the Firm, including after a successful conflict check has been completed. Client and Firm understand and agree that any and all disputes arising from this Agreement will be resolved through private binding arbitration rather than litigation as described herein. Client fully understands that in order to best protect the interests of the Client, the Firm will handle any Client funds in accordance with applicable Rules of Professional Conduct, including, if necessary, the deposit of any funds paid in advance for all United States legal services into an IOLTA escrow trust account until the Firm accepts the representation, a conflict check is performed and cleared, and the law firm fees have been earned or expenses incurred.
If I subscribe to the Firm’s LIVE SUPPORT services, *I understand that LIVE SUPPORT is a recurring service offered by the Firm and which automatically renews every month.* Client understands that the Client may cancel Live Support at any time by simply logging into the Trademarkia website and canceling the service, by contacting Trademarkia at any time at email@example.com, or by calling the toll free number at 877-794-9511.
The Firm’s address for any correspondence is as follows:
Trademarkia P.C. Headquarters
440 E. Southern Avenue
Tempe Arizona 85282
The client understands that if the Client decides to file a trademark application in the United States, the Client may be represented by U.S. licensed attorneys at the Firm in the United States. The Client understands that the scope of representation is limited to representation until the mark registers and does not include any post-registration services relating to the trademark unless the Client has specifically hired the Firm to perform such post-registration services. Absent an agreement in writing to the contrary, the Firm’s representation in the Matter shall terminate 60 days after the Prospective Trademark has become registered by the USPTO or abandoned; however, Client may terminate the Firm’s representation in the Matter at any time, subject to the Client’s obligation to pay fees or expenses due or incurred during the representation, and Firm may terminate the Firm’s representation sooner, to the extent permitted by the Rules of Professional Conduct governing the representation.
In addition, representation in the Matter will end automatically in the event that the Prospective Trademark is assigned to a different trademark owner other than the Client. In the event that the Trademark is later assigned to a different owner by the Client or assignees, the Client understands that the future owner will not be a client of the Firm unless a separate Engagement Letter is entered between the Firm and any such future owner.
I warrant on behalf of the Client that the Client understands, gives consent, and gives Power of Attorney to the law firm of Trademarkia P.C. to represent the Client on the Matter before the United States Patent and Trademark Office (the “USPTO”) based on the Firm’s acceptance of the representation and clearance of the Firm’s conflict check process. Trademarkia is a full-service intellectual property law firm. We are headquartered in Tempe, Arizona. See our contact us page for more details.
The client understands that the Client must communicate confidential information only through the licensed attorney with whom the Client has an attorney-client relationship at the Firm. The client understands that attorneys at the Firm are able to advise Clients only on federal U.S. legal issues and/or state law questions in states in which the attorneys are licensed.
Client understands that, from time to time, the Firm may hire licensed attorneys on a fixed-fee contractual basis to assist internal attorneys employed by the Firm in the initial review of new trademark filings, the 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 discretion. The Firm will verify that any attorney the Firm chooses to hire on a contractual basis is licensed and in good standing with the State Bar in which they are licensed. Further, the Firm will ensure that 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 and agrees to follow all USPTO ethical rules.
The Firm may refund or offer satisfaction credit for non-legal services that have not been completed upon the Client’s request in email or writing only, and such a request must be made to firstname.lastname@example.org within 5 calendar days of purchase. The client understands that any purchase of non-legal services he/she orders from the Firm is final, and no refunds will be issued once the service has been completed. After 5 calendar 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 the purchaser or proof of identification as the purchaser, as well as provide the address to which any check may be mailed. The client agrees to accept a check for any refund provided and that he/she will notify the Firm of the Client’s request in writing for a refund within 5 days of purchase.
The client understands the rights granted by a U.S. trademark extend only throughout the territory of the United States and have no force or effect in any foreign country. The client understands that almost every country has its own trademark laws, and if the Client desires a trademark in a particular country, he/she must make an application for the trademark in that country or otherwise qualify for such trademark rights in accordance with the requirements of that country. Client further acknowledges and waives any conflicts between marks secured by third parties using the technology of the Firm in foreign countries in which the Client has not registered the Client’s trademark.
For non-U.S. trademark matters, Client hereby understands that trademarks will be filed in the Client’s name when country laws permit 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, the Client understands that the attorney-client relationship will be between him/her and the Regional Firm and that the Client will not be assisted by the Firm other than for the limited purpose of ensuring that the Client is satisfied with the services of the Regional Firm. In the case that information is shared with the Prospective Client through the Firm on behalf of the Regional Firm, such communications will be privileged and maintained confidentially. The Client will be introduced to the Regional Firm, and any confidential communication for non-U.S. matters may be between the Client and the Regional Firm only, without involvement from the Firm. The client hereby understands that any international fees listed or paid by the Client may include a small cash rate and exchange fee hedge against currency fluctuations and are quoted in U.S. dollars. The international fees listed on the Trademarkia website are subject to change or fluctuation due to changes in exchange rates, regulatory change, or other change not within the control of the Firm, and upon notification of such difference, the Client agrees to either pay the difference or cancel their request for such international trademark application services.
The client understands that creating a business page on Trademarkia.com does not constitute a request for a federal registration request with the USPTO. If the Business Page service is requested by the Client, the Client understands that he or she is not a legal service client of the Firm in any capacity, and no attorney-client relationship is formed whatsoever between the Client and the Firm. The client understands that this service is a fully-automated service of the trademarkia.com software with no human review or input, and the Firm will not offer legal representation. The service is a non-legal publication service, similar to a newspaper advertisement or a business page on a business listing website. The client hereby further understands that names and logo images published on the business page on Trademarkia.com do not constitute the Client’s statements of common law rights. Moreover, to the extent the Client does possess certain common law rights in any of the names and/or logos he or she may publish on the Business Page, the Client understands that he or she cannot preclude another client seeking legal services of the Firm to apply for registered trademarks based on same or similar names or logos. Furthermore, the Client is solely responsible and liable for the truthfulness and accuracy of the information he or she publishes on the business page.
Scope of Representation: TradeMarkia P.C. Terms of Engagement
For U.S. trademark matters, these Terms of Service and Representation Agreement ("Agreement") are entered into by and between LegalForce RAPC Worldwide P.C., dba Trademarkia P.C. (the “Firm”, “We” or “Trademarkia”) and the person who requests the U.S. trademark-related services (the “Prospective Client” or "Client"). This Agreement becomes effective after the Firm accepts a request for legal services on behalf of the Client in the Matter. The Client requests the services described below, and the Firm will only provide those services in the Matter pursuant to the terms of the Agreement. The scope of the representation is limited only to the U.S. trademark matter for which specific legal services were requested (the “Matter”). Any additional services beyond the scope of the Matter require a new written terms of service and representation agreement before the Firm will agree to provide any such additional services.
If the Trademark Owner is an individual, then the Client is the named individual only and no other person or entity. If the Trademark Owner is an entity or organization, including but not limited to a corporation, partnership, joint venture, or any other entity or kind, then the Client is the organization or entity only, and the Firm expressly does not represent any of the organization or entity’s employees, officers, employees, agents, attorneys, representatives, or any other person or entity acting for or on behalf of any such organization or entity, including any corporate parents, subsidiaries, affiliates or related entities.
Client hereby understands, gives consent, and gives Power of Attorney to the Firm to represent Client in the Matter before the United States Patent and Trademark Office (the “USPTO”), but only once the Firm has conducted a successful conflict check and has otherwise agreed to form an attorney-client relationship with the Client. No implied relationship is formed, and acceptance by the Firm of the attorney-client relationship is required in order for an express attorney-client relationship to be formed, the terms of which shall be governed by this Agreement.
The Firm is a full-service intellectual property and a corporate law firm with an office in Tempe, Arizona (see: www.legalforcelaw.com). For U.S. trademark matters only, the Trademark Owner understands that the Firm’s representation is contingent upon the Firm accepting this request for legal services in the Matter, which includes clearing the Firm’s conflict check process. Once the Firm accepts the representation, the Trademark Owner will become the Client of the Firm for the Matter. Until that time, the Trademark Owner will only be a Prospective Client of the Firm.
1. Limited Scope of Services
The client retains the Firm to prepare and file a trademark application based on the information given to the Firm by the Client electronically through the Trademarkia.com website. In addition to this, the Client retains the Firm to provide a single phone consultation of up to thirty (30) minutes (“Limited Scope of Services”) described on the Trademarkia.com website, at the Client's request. In addition, the Client retains the Firm to provide additional services including:
- An initial email to the Client that confirms the information electronically provided by the Client;
- Suggestions on how to emphasize what the Client believes to be the trademarkable aspects of the Client's name, logo, sound, and slogan written description submitted through Trademarkia.com;
- Answers to the Client’s basic federal trademark law questions;
- Suggestions on how to use trademark search results;
- Answers to why the Client may want to obtain a trademark ability opinion based on the Client’s trademark search results;
- A brief explanation of the advantages and disadvantages of filing an intent to use trademark applications;
- Answers to the Client's questions of whether a federal trademark or other types of federal intellectual property protection is appropriate for the Client;
- Suggestions on how to proceed to protect the Client’s business name, logo, sound, or slogan through federal trademark protection;
- A brief explanation of the advantages and disadvantages of an infringement opinion; and
- A summary of consultation in the email to the Client if the Client requests 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 the Client 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 the Client’s trademark;
- Negotiating coexistence agreements whereby two trademark owners agree to use their similar marks.
- Review, analysis, and formal opinion of prior art or trademark search results;
- Appeals to the Trademark Trials and Appeals Board (the “TTAB”);
- Assessment of originality of mark;
- Assessment of ownership;
- Assessment of the likelihood of confusion challenges;
- Assessment of statutory and court-sanctioned bars to trademarkability;
- Assessment of the value of a mark;
- Infringement of trademarks owned by others; or
- Examination and assessment of any of the Client’s previously filed trademarks and any recommendations thereto.
The Client may retain the 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, the Client agrees to pay the Firm the charges described herein.
Furthermore, the Client expressly agrees that the Firm's fees are earned once any one of the following conditions listed below are met:
- The Firm has conducted a preliminary review of the filing information submitted by the Client.
- The Firm has sent correspondence to the Client regarding any issues related to the preparation of the Client's pending trademark application order, including but not limited to requests for Proof of Use, changes to the Identification of Goods and/or Services, and results of a Direct Conflict search.
- The Client utilizes any of his or her allotted phone consultation time with the Firm.
- The Firm commences any of the Limited Scopes of Services outlined in the Limited Scope of Services section.
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 canceled by the Client prior to the time the Firm commences work on the Limited Scope of Services. Service fees are non-refundable any time after the Firm commences the Limited Scope of Services unless the Rules of Professional Conduct dictate differently. In certain instances where we are unable to complete the legal services, we may offer a prorated refund based upon the legal services provided.
A refund request must be submitted within Fifteen (15) days of the original payment date to the Customer Service or to the working Attorney who has provided you the advisement on your chances of the Trademark Registration
4. No Guarantee
- The Firm has made no representations, promises, warranties, or guarantees to the Client, expressed or implied, regarding the outcome of the Client's matter, and nothing in this Agreement shall be construed as such a representation, promise, warranty, or guarantee.
- Client understands that the time limitation for the Limited Scope of Services could be disadvantageous to the Client. For example, the Firm cannot and does not make any representation that all of the Client's questions can be fully explored and/or discussed. Therefore, important aspects of the Client's business interests, such as the likelihood of challenges by other parties and/or the 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.
- Client understands that the Firm is available for a supplemental consultation if the Client believes that the Limited Scope of Services was insufficient for the Client's needs.
- Client understands that the Firm cannot file an Office Action response and/or Statement of Use and/or Renewal on their behalf if the time limit given by the government has expired, the request is made within seven (7) days prior to the deadline set forth by the government (and the firm does not have enough information to make a filing), or filing such would violate law or ethics rules. In such instances, if an Office Action response and/or Statement of Use and/or Renewal request is made by the Client after the time limit given by the government has expired, the 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, the Firm will advise the client to refile that Trademark Application or refund the IOLTA funds related to such a request to the Client subject to the Cancellation Policy mentioned under section 3.
5. USPTO Filing/Public Information
Once the Client’s application is submitted, the 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 the Client might attempt to request cancellation of the filing. Therefore, the Firm requests that the Client review all information submitted carefully 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 Client’s ownership name, phone number, email address, and/or street address. By authorizing the Firm to file the application, any response, or submission to the USPTO, the Client acknowledges that the 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, through internet search engines, and through other online databases. This information will remain public even if the application is later abandoned or any resulting registration is surrendered, canceled, 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, the Firm 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
The client agrees and authorizes the Firm to make changes to the Client's trademark application for the purpose of facilitating registration of the 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 the Client for legal accuracy.
- Any changes proposed by the governmental or trademark-issuing body overseeing the Client's trademark application including but not limited to disclaimers, translation statements, drawing descriptions, and changes to the identification of goods and services.
i) Proof of Use/Specimens
Where the Client requests filing of a 1(a) Use In Commerce trademark application with the USPTO, the Client expressly agrees and authorizes the Firm to examine the validity, authenticity, applicability, appropriateness, and suitability of the proofs of use/specimens (“specimens”) submitted by the Client. The client expressly agrees not to submit to the Firm any fraudulent or fabricated specimens of use to the Firm. The 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 the Firm to conduct an online search for alternate acceptable specimens on the Client’s website and to file such specimens with the 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. The 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 the Firm requests the Client to provide alternate specimens, if the Client fails to provide the requested alternate specimens within 72 hours of the Firm's initial request, the Client agrees and authorizes the Firm to file with the current specimens provided and/or other specimens deemed acceptable by the Firm or file the Client’s application as a 1(b) Intent-to-Use filing based on the discretion of the Firm to protect the Client’s interests.
Where the Client does not provide proof of use that is accurate, valid, and acceptable or fails to provide any proof of use, the Client authorizes the Firm to file the application as a Section 1(b) Intent-to-Use application. If the Client does not provide proof of use, Client expressly and voluntarily declares that the 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 USPTO. The Firm reserves the right to revoke Power of Attorney if the evidence is sufficient to determine that the Client has provided a fraudulent specimen to the Firm, or has misrepresented its bona fide intention of use, 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 the Client requests filing of a logo mark application, the Client agrees and authorizes the Firm to file the logo mark application based upon the colors expressly claimed and/or featured on the logo mark submitted by the Client or in Black and White (B&W) format if, based on the professional discretion of the Firm to best protect the Client’s interests, the Firm feels that the Client’s interests would be better protected if no color claims are made in order to preserve rights in any color based. The client expressly acknowledges that it is his or her responsibility to request, in writing, that a logo mark be filed with or without a color claim if desired.
7. Representations of Client
In providing the Firm and/or the Regional Firm with any information and/or materials to be used in conjunction with the Client's request for trademark legal services, Client expressly and voluntarily declares that:
- Client believes that he/she is entitled to use the applied-for or at-issue mark in commerce and that he/she is the owner of the trademark/service mark sought to be registered;
- To the best of the Client's 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 likely cause confusion, mistake, or deceive when used on or in connection with the goods/services of such other person;
- Client declares that all statements made of his/her own knowledge and provided to the Firm and/or the Regional Firm are true and that all statements made on information and belief are believed to be true;
- Client acknowledges and understands that the Firm and/or the Regional Firm may reasonably rely upon any information and/or materials provided by the Client to be used in conjunction with the Client's request for trademark legal services;
- Client understands that any willful false statements, and the like, made to the USPTO, 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, submission, or any registration resulting therefrom;
- Client understands that filing under a Section 1(b) Intent-to-Use 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 the goods/services 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, the examination of the Allegation of Use may result in the examining attorney issuing a refusal;
- Client expressly agrees not to submit 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;
- 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);
- To the best of the Client's knowledge 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 likely cause confusion, mistake, or deceive when used on or in connection with the goods/services of such other persons;
- 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;
- 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
- Where the Client fails to adhere to any of the provisions listed in Section 7(a)-(k) above, Client indemnifies, absolves, and holds harmless the Firm and/or the Regional Firm from any liability stemming from the Client's failure to adhere to the provisions of Section 7 contained herein.
8. Choice of Firm
The Prospective Client agrees and authorizes the Firm to select any U.S.-licensed trademark attorney at the Firm to work on the Prospective Client's Matter at the Firm's discretion. If the Prospective Client wishes to request a specific attorney at the Firm to work on the Matter, the Prospective Client must notify the Firm within 48 hours of making his/her initial request for legal services. The Prospective Client acknowledges that his/her request is subject to the availability and consent of the requested attorney and that the ultimate selection of attorneys lies with the Firm in the absence of a specific directive from the Prospective Client. The Prospective Client may review profiles of attorneys at the Firm at the attorneys section of Trademarkia.com.
Prospective Client understands and hereby acknowledges that, by agreeing to these Terms, Prospective Client grants and provides informed consent to the Firm to earn legal fees for his/herUnited States trademark application. Prospective Client additionally grants and provides informed consent to the Firm to optionally file his/her trademark application if the Firm determines that there are reasonable grounds to proceed in order 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 the risk of refusal for issues including but not limited to vagueness and incompleteness in proof of use, classification selection(s), the description provided, risk of the likelihood of confusion, or other challenges or concerns that may be posed that create roadblocks and/or prevent the registration of their trademark.
Furthermore, Prospective Client understands and hereby acknowledges that in granting informed consent to the Firm, 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 challenges against their mark, which will require a separate retainer payment of $399 to $1299 (based on the 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 his/her mark. 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 respect to legal matters within three (3) business days, except in cases where a deadline is seven (7) days or less away. In such cases, the client shall respond within twelve (12) hours and/or as soon as possible. If a response to a communication is received three (3) days or fewer prior to the deadline, the firm may not be able to render the services. 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, 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. Prospective Client understands that he/she will receive a bill for these services in the instance that the Firm responds on his/her behalf due to a lack of communication by the Prospective Client and expressly agrees to timely pay these invoices for services rendered (between $399 to $1299 depending on the complexity of response).
Prospective Client also hereby acknowledges that government fees paid by the Firm on the Prospective Client's behalf are non-refundable, as the USPTO and many foreign trademark offices do not offer refunds. In the event that the Client is not satisfied with the services provided by the Firm, the Firm may grant the Client satisfaction credit for the portion of its legal fees only to be used for future services by the Firm at its sole discretion and to the extent not inconsistent with the Firm’s professional obligations.
Moreover, 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 advising the Prospective Client not to 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 such as attempting to pursue a name, logo, or slogan that is not likely to be registrable as a federal trademark. The Client is hereby informed and hereby understands that advising the Client not to proceed requires substantive review and legal analysis (e.g., search, analysis of prior marks, and opinion) by attorneys of the Firm, and this is a valuable consideration for legal fees earned.
Further, Prospective Client hereby provides informed consent to the Firm to modify his/her description of goods/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 the Client on Trademarkia.com.
9. General Responsibilities of the Firm and the 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 the Firm's attorneys, to cooperate, to keep the Firm's attorneys informed of any important developments which may come to Client's attention, to abide by this Agreement, to pay the Firm's bill(s) on time, and to keep the Firm advised of Client's address, telephone number, and whereabouts.
The Firm will keep the Client apprised of significant developments throughout the performance of the legal services, as required by the applicable Rules of Professional Conduct. The Firm will also consult with the Client as necessary to ensure the timely, effective, and efficient completion of the Firm’s work. Unless the Client instructs the Firm otherwise in writing, the Firm’s communications with the Client may be through email without encryption (with the risk that a third party may intercept an unencrypted communication). Attorneys at the Firm are licensed in certain jurisdictions, and therefore, the Firm hereby limits the scope of any engagement consistent with the state licensing limitations of its attorneys and U.S. federal law matters only.
If and when it is necessary for the Firm to engage foreign associates to handle filings and other matters outside the territory of the United States, the foreign associate will form a direct and independent attorney-client relationship with the Client. The client understands that he or she is financially responsible for payment of the foreign associate's fees and that the foreign associate is directly responsible for the proper discharge of professional services rendered to the Client by that foreign associate.
10. Waiver of Confidentiality of Identity
Unless the Client advises the Firm in writing at the time of the Firm’s engagement, by signing this Agreement, Client hereby agrees that the Firm can publicly disclose that the Firm represents the Client.
The client also understands that the Firm may, for example, be required to disclose such representation to other clients to provide adequate disclosure to resolve any client conflicts. The USPTO also makes such relationships public. This waiver applies only to the Client's identity.
Trademarkia® is the trade name of LegalForce RAPC Worldwide, P.C., an intellectual property law firm in the United States that created the Trademarkia.com website.
12. Future Work for Others
Client agrees that the Firm or the Regional Firm's representation of the Client is for the Limited Scope of Services defined herein, and Client agrees that the Firm or the 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 that the Firm or the Regional Firm gained from its representation of the Client pursuant to this Agreement. In any event, the Firm or the Regional Firm will seek to prevent any and all conflicts of interest by withdrawing the Power of Attorney and notifying clients to select another firm when necessary. During such a process, the Firm or the Regional Firm will preserve client confidence and will work to make such a transition as smooth as possible. The client agrees that emails and/or telephonic calls are the primary mode of communication and therefore agrees to regularly check for voicemails and emails from the Firm or the Regional Firm for important, time-sensitive communications and to not block such communications if the Client wishes to remain sufficiently informed.
13. General Responsibilities
The Firm and/or the Regional Firm will keep the Client apprised of developments as necessary to perform legal services and will consult with the Client as necessary to ensure the timely, effective, and efficient completion of legal work. Unless the Client instructs the Firm and/or the 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 the Client to engage the Regional Firm to handle filings and other matters outside the territory of 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 the 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 the Client’s. Due to the size of the Firm, there may potentially be a different group of attorneys in the Firm preparing and prosecuting trademark or patent applications for other clients – perhaps a competitor of the Client – in the same, similar, or related technology or service space as the Client.
The engagement between the Client and the Firm is also understood as entailing the Client’s consent to the Firm’s representation of other potential future clients in matters in which one of those other clients may be adverse to the Client in matters unrelated to those that the Firm is handling or has handled for the Client. Given the diverse nature of the Firm's business, encompassing 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 the Client, provided that the Firm would only undertake such representation of said clients under circumstances in which the Firm does not possess the Client’s confidential information relating to the transaction, and the Firm would staff such a project with one or more attorneys who are not engaged in the Client’s 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 its respective engagements. If the Client is aware of any entities or matters for which the Firm should invoke such an ethical wall/screen, the Client is required to identify the names of all such persons, entities, or matters to the Firm 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.
The client understands that the Firm would not agree to undertake the Client’s representation herein without this advance waiver. Although the Client may revoke this waiver as to future matters at any time, the Client agrees that such revocation will not affect any matters undertaken by the Firm prior to the Firm's receipt of the Client’s written notice to the Firm of the revocation, even if those matters are still pending at the time of the Firm's receipt of the Client’s notice of revocation.
The client is made aware of the Client’s right to consult with independent counsel to determine whether the Client wishes to enter into these terms including this advance waiver and this Engagement Letter. The client acknowledges that the Client has had a sufficient opportunity to do so and that Client hereby consents to the Firm’s representation of the Firm’s other clients under the circumstances described in this section.
The client hereby agrees, by expressly accepting this Agreement, that the Firm and the Regional Firm may publicly disclose that the Firm and the Regional Firm represent the Client. The Firm and the Regional Firm may, for example, be required to disclose such representation to other clients for reasons of identifying and/or resolving potential client conflicts and/or in marketing communications. The USPTO and the European Union Intellectual Property Office (the “EUIPO”) also makes such relationships public.
The Firm and the Regional Firm's expertise derive from many years of representing thousands of clients, some of whom focus on similar business areas. Due to the size of the Firm and the Regional Firm, there is potentially a different group of attorneys in the Firm and the Regional Firm preparing and prosecuting trademark applications for another entity (potentially a competitor) in the same, similar, or related technology area as the Client. It is the Firm’s belief that such representation does not amount to a potential or actual conflict as defined by the USPTO Arizona Rules of Professional Conduct.
In most situations, Client understands that it is not even possible to predict such potential conflicts. Therefore, the Firm and the Regional Firm want the Client to be aware that the Firm and the Regional Firm do not view such possibilities as requiring any disclosure under the Arizona Rules of Professional Conduct. The Firm and the Regional Firm ask that the Client hereby provide consent, by accepting this Agreement, to the Firm’s representation of such other clients. The Client can be assured that to the extent the Firm and the Regional Firm are aware of the possible relatedness of some technology the Firm and the Regional Firm may be working on for different clients, the Firm and the Regional Firm take reasonable steps to prevent any information provided by the Client from being made available to members of the Firm and the Regional Firm working for competing entities in the same technology area. In addition, if the Client is aware of any entities for which the Firm and the 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, the Firm and the Regional Firm will not represent either of the clients in the dispute and will be required to withdraw from the representation of one or both parties. The Client may terminate this attorney-client relationship at any time and for any reason.
This engagement will conclude upon the completion of services contemplated by this Agreement in the Matter, or the Firm may withdraw as permitted by the Rules of Professional Conduct. The Client remains responsible for paying all fees and costs the Firm incurs on the Client's behalf before the Firm receives notice of termination or withdrawal, plus fees for any work reasonably incurred by the Firm in terminating 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 the Firm’s service conforms to at least one of the following conditions:
- All technology or subject matter falls within a non-defense related classification under the Export Administration Regulations (EAR).
- All technology or subject matter falls within a dual-use classification under the 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 the EAR, and/or is internally managed by the Client in accordance with the EAR.
Other than the requirements set forth in Paragraph 1 (above), this Agreement cannot be modified, except pursuant to a written document signed by the 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 Client (or “User,” “Party,” or collectively with the Firm “Parties”) and shall extend until modified by the Parties, confirmed in writing, provided, however, that the Parties understand and agree that the representation is subject to the Firm’s acceptance of the representation, including after the Firm (or collectively with the Client “Parties”) completes a conflict check and otherwise agrees to accept the request for services. The Parties to this Agreement shall be the User and Firm. The User understands that the Firm co-signs and executes 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 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 the Firm gives no assurance, guarantee, or warranty regarding the outcome of any matter, and that the Client’s decision to retain the Firm is not based upon any representation by the Firm 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.
The firm shall purge the client files older than (one) 1 year for matters that have not officially submitted to the USPTO or other trademark offices. All the files that are physical or in electronic format will be removed from the Firms databases. For client matters that were filed with USPTO or other trademark offices or government agencies, such records may be purged every three (3) years. However, all the Trademark information can be accessed on the USPTO/ government databases using the identification numbers such as Trademark Application number and/or Trademark registration numbers.
Upon termination of this engagement, the Firm may retain a copy of your file. After termination of the engagement, the Firm has the right, in its discretion, to delete, discard or destroy any files relating to this engagement, provided however, that the Firm will not exercise this right for one year after termination of the engagement. Unless the Firm receives written instructions from you to the contrary, by executing this agreement, You represent and agree that the Firm may, after the one year period has lapsed, delete, discard or destroy any documents pertaining to this engagement. This right is subject to any contrary obligations imposed by law, including any subpoena or litigation hold that the Firm is made aware of.
19. Dispute Process, Arbitration, and Scope
In the event a dispute arises between the Client and the Firm (the “Parties”), the Parties shall make a good faith attempt to resolve the dispute quickly and cost-effectively. The Firm and the Regional Firms do not anticipate having any disagreements with the Client about the quality, cost, or appropriateness of services. However, if any concerns about these matters arise, the Client shall notify the Firm immediately. The Firm and Regional Firm endeavor to resolve any disagreements in a fair and amicable manner. If the Parties are unable to settle the matter between themselves, the Parties hereby agree to resolve any matter, including but not limited to those relating to the Firm’s fees, quality, or appropriateness of the services, through binding arbitration. Arbitration is typically a less expensive and quicker alternative to litigation, allowing resolution of the disputes to occur privately (the “Arbitration Provision”).
Any claims, disputes, or controversies arising out of or relating to this Agreement are covered by this Arbitration Provision, including but not limited to those regarding the Trademarkia website, Site Services, Terms of Service, escrow payments or agreements, any claimed payments due to the Client from the Firm, its Affiliates, or successors, trademark disputes, trade secret disputes, copyright disputes, patent disputes, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, termination, discrimination, and any retaliation or harassment and claims arising under the Defend Trade Secrets Act of 2016, Civil Rights Act of 1964, Rehabilitation Act, the Civil Rights Acts of 1866,1871, and 1991, the Pregnancy Discrimination Act, Americans with Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, False Claims Act, any state statutes and/or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to the relationship between the Client and the Firm or the termination of that relationship.
Any disputes between the Parties not subject to the pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) or as provided by an Act of Congress or Executive Order are excluded from the coverage of this Agreement.
20. Arbitration of All Disputes Including Claims of Malpractice
The Firm does not anticipate any disagreements between the Firm and the Client regarding quality, cost, or appropriateness of services. However, if any concerns regarding these matters arise, the Client shall notify the Firm immediately. The Firm always endeavors to resolve disagreements fairly and amicably. If the Parties are unable to settle the matter between themselves, the Parties hereby agree that all disputes regarding the construction, application, or performance of any services under this Agreement and any claims arising out of 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. Arbitration is typically less expensive and a quicker alternative to litigation, allowing private resolution of the disputes.
The arbitrator shall allow limited discovery to enable the Client and the Firm to present each case but shall be mindful of the mutual desire to avoid broad discovery expenses 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 the 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 Judicial Arbitration and Mediation Services (the “JAMS”) Private Appeals Board.
Client and Firm confirm that they have read and understood this section and voluntarily agree to binding arbitration. In doing so, Client and Firm voluntarily give up any constitutional rights to trial by judge or jury. The Client has the right to consult with independent counsel regarding the agreement to binding arbitration or to any other term of this Agreement before signing it. Client agrees that he/she has had the opportunity to do so and is voluntarily signing this Agreement thereafter.
Arbitration shall be conducted by the JAMS. The arbitrator must decide all disputes in accordance with the chosen association's rules and in accordance with Arizona 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 Arizona, 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 Arizona in the County of Maricopa.
Informal Dispute Resolution
Both Client and Firm agree to provide notice of any disputed claim (the “Claim”) to the other Party, as applicable, before serving a demand for arbitration of the Claim. Client agrees to notify the Firm of said Claim either by mail at Attn: Legal, 440 E. Southern Road, Tempe, Arizona 85282, or by email to email@example.com. The Firm agrees to provide a notice to Client at the Client’s expressed email address on file (in each case, a “Notice”). Afterwards, both the Client and the Firm will seek informal voluntary resolution of the Claim. Any Notice must include pertinent contact information, account information, and a brief description of the Claim so that the Client or the Firm, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both the Client and the Firm will have 60 days from the date of the receipt of the Notice to informally resolve the If successful, this will avoid the need for any further action.
Client understands that he/she is free to consult with other counsel regarding the agreement to arbitration or to any other term of this Agreement and agrees that he/she is voluntarily accepting this Agreement.
Binding Arbitration and Class Action/Jury Trial Waiver (Does not apply to users located outside the United States and its territories)
This Arbitration Provision applies to all users except those located outside of the United States and its territories.
In the unlikely event that Parties are unable to resolve a disputed claim within 60 days of the receipt of the applicable Notice, the Client, the Firm, and its Affiliates agree to resolve the Claim by final and binding arbitration before an arbitrator from the JAMS. Parties thereby agree to waive their constitutional rights to a trial by court or jury. The JAMS may be contacted at www.jamsadr.com.
Scope of Arbitration Agreement and Conduct of Arbitration
This Arbitration Provision applies to any Claim brought by either the Client or the Firm and survives after the relationship between the Client and the Firm is terminated. This Arbitration Provision covers, but is not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, Terms of Service and the Firm Payroll Agreement. While this Arbitration Provision is intended to resolve any disputes that would otherwise be resolved in a court of law or before a forum other than arbitration, if, for any reason, the JAMS will not administer the arbitration, either Party may apply for the appointment of a neutral arbitrator through a court of competent jurisdiction.
Arbitration will be conducted in Maricopa County, Arizona in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures, except as otherwise provided herein. Arbitration of disputes brought by a Party alleging a violation of a consumer protection statute will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the Party is located. Similarly, in accordance with the JAMS Employment Arbitration Rules and Procedures (“Rules”), Claims by Freelancers alleging employment or worker classification disputes will be conducted in the same state and within 25 miles of where Freelancer is located. The applicable Rules are outlined at www.jamsadr.com or may be found by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules and Procedures,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of the Rules shall be resolved exclusively by the arbitrator. Any Party has the right to appear at the arbitration alternatively by telephone and/or video rather than in person.
The Client and the Firm will follow all applicable Rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, a Freelancer is only responsible for the JAMS arbitration fees including the filing or initial appearance fees applicable to court actions in the proper arbitration jurisdiction. In the event that there is an excess of JAMS arbitration fees, the Firm will pay the difference. In any arbitration under the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect in which a Party makes a Claim under a consumer protection statute, the Party will only be responsible for either the JAMS arbitration fees including the filing or initial appearance fees applicable to court actions in the roper arbitration jurisdiction or a payment of $250.00, whichever is less. In the event that there is an excess of JAMS arbitration fees, the Firm will pay the difference. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. The arbitrator’s judgment may be entered in any court having jurisdiction.
This Arbitration Provision does not apply to any previously pending litigation between the Client and the Firm in a state or federal court or arbitration before the expiration of the opt-out period set forth herein. Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 19 unless all Parties to that arbitration consent in writing to that amendment.
This Arbitration Provision does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.
This Arbitration Provision does not prevent the Client from making a report to or filing a claim or charge with a government agency including, without limitation, the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. This Arbitration Provision does not prevent the investigation by a government agency of any report, claim, or charge otherwise covered by this Arbitration Provision. This Arbitration Provision does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. This Arbitration Provision does not prevent or excuse a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. The Firm will never retaliate against a client for filing a claim with an administrative agency or for exercising any individual or collective rights under Section 7 of the National Labor Relations Act.
Interpretation and Enforcement of this Arbitration Provision
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise stated herein, this Arbitration Provision covers all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters will not be decided by a court but rather by an arbitrator who shall have exclusive jurisdiction to decide all such disputes. All parties expressly agree that the arbitrator, and not a court, will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will remain in effect and enforceable. If any portion of the Class Action Waiver in Section 19of this Arbitration Provision is deemed to be unenforceable, both the Client and the Firm agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
Class and Collective Waiver
Private attorney general representative actions under the California Labor Code are not arbitrable, not within the scope of this Arbitration Provision, and may be maintained in a court of law. However, this Arbitration Provision affects the Client’s ability to participate in class or collective actions. Both the Client and the Firm agree to bring any dispute in arbitration on an individual basis only and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of this Agreement or Rules set forth by the JAMS, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may only be resolved by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Firm will never retaliate against a client, through disciplining or threatening to discipline, as a result of a client’s filing or participating in a class or collective action in any forum. However, the Firm may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.
Right to Opt Out of the Arbitration Provision
The Client may opt out of the Arbitration Provision contained herein by notifying the Firm in writing within 30 days of the date the Client first registered for the Site. To opt out, a written notification including the Client’s name, account username, address, telephone number, email address, and a statement indicating that the Client wishes to opt out of the Arbitration must be sent via mail to the Firm at Attn: Legal, 440 E. Southern Avenue, Tempe, Arizona 85282 or alternatively by email to firstname.lastname@example.org. Please note that opting out of this Arbitration Provision will not affect any other terms of this Agreement.
If the Client does not opt out as provided in this Section 19, continuing the relationship with the Firm constitutes mutual acceptance of the terms of this Arbitration Provision by the Client and the Firm. The Client has the right to consult with independent counsel concerning this Agreement and the Arbitration Provision.
Enforcement of this Arbitration Provision
This Arbitration Provision is the full and complete agreement relating to the formal resolution of any disputes stated herein, replacing any and all prior agreements regarding the arbitration of disputes. In the event that any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will remain in effect and enforceable. Moreover, if any portion of the Class Action Waiver stated in this section is deemed to be unenforceable, the Client and Firm agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
21. Client Duties
I acknowledge and warrant that I and Client agree to be honest and truthful with the Firm, to cooperate, to keep the 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 the Firm advised of the Client's address, telephone number, email, and location. I acknowledge and warrant that the Client will assist the Firm in providing all 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 the Firm to communicate with the Client and is therefore directly associated with the 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, the 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 Act procedures permit a court trial after the non-binding arbitration or a subsequent binding contractual arbitration if the Parties have agreed to binding arbitration where either Party rejects the award and requests a trial de novo within 30 days after the award is mailed to the Parties.
If the Client does not file a request for fee arbitration within 30 days after receiving a Notice of Right to Arbitrate, the 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, both the Firm and the Client agree that in lieu of a trial de novo, the 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 understood 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, the Client and the Firm voluntarily give up any constitutional rights to trial by judge or jury. The Client has the right to consult with independent counsel regarding the agreement 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.
Trademarkia looks forward to representing the Client. 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 below. The Client should keep one copy for record-keeping purposes.
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.
Trademarkia and/or the Regional Firm are delighted to be asked to provide legal services to the Client. The firm and/or the Regional Firm are looking forward to working with the Client on this engagement. Should the Client ever wish to discuss any matter relating to legal representation by the Firm, please do not hesitate to call 650-390-6400 (Trademarkia U.S. office), or to speak to one of the attorneys familiar with this engagement.
We are headquartered in Tempe, Arizona. See our contact us page for more details.
Trademarkia P.C. Headquarters
440 E. Southern Avenue
Tempe Arizona 85282
Revision Date: July 01, 2021