THE PARTIES AND EFFECTIVE DATE. This Agreement is made between LAW OFFICE OF JEFFREY HERMAN (“Attorney”) and YOU (the “Client”) and is effective as of the date of signing by Client.
LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client include consultation time of up to thirty (30) minutes, preparation and filing of Client’s trademark application, tracking Client’s trademark application once filed, and responding to any Office Actions issued by the USPTO which require thirty (30) minutes of time or less to answer (“Legal Services”). All additional services are at an additional charge and will be communicated by Attorney to Client before such services are rendered. Attorney will perform the Legal Services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. Client will cooperate with Attorney, be available as requested, provide necessary declarations, promptly pay all fees and costs, and keep Attorney informed of client’s whereabouts and current contact information. Client understands this is an application process which could result in denial of the Client’s trademark.
ATTORNEY FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $595.00 USD (the “Flat Fee”) for filing Client’s trademark application in a single trademark class. There is an additional fee of $50 for each additional trademark class as selected by the Client. The rules of professional conduct for attorneys in the State of California and Arizona require that unearned clients’ fees advanced by clients to attorneys be kept in a separate “trust’ account until the fees are earned and/or the representation is terminated by either party. However, clients may waive this requirement due to the small nature of the Flat Fee and the administrative issues involved with moving the money between accounts. Client hereby waives the requirement and shall permit the funds to be deposited into the firm’s operating account, with the express understanding that Attorney will endeavor to file Client’s trademark application promptly upon receipt of payment and information. Client understands that Attorney will act on Client’s trademark filing promptly upon receipt of information and payment. The client may be entitled to a partial refund if the Client terminates this agreement prior to the completion of the Attorney completing the Legal Services.
COSTS AND EXPENSES. The United States Patent and Trademark Office charges various filing fees associated with filing and maintaining a trademark application. The client is responsible for all costs and expenses associated with their trademark filing that are above the stated legal fees. The USPTO filing fee is currently $250 per trademark class.
WORK PRODUCT: The writings, notes, memoranda, reports of conversations, research, and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege.
TERMINATION: As is appropriate in any professional relationship, the Client may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well. In the event that our representation is terminated, the Client agrees to pay all bills thereafter rendered covering expenses incurred prior to the termination.