Terms of Agreement
1. Legal Services Provided - Consultant shall provide the following trademark services: (a) Search the subject mark(s) in the United States Patent and Trademark Office (USPTO) website, and through on-line search engines; (b) Create the goods and/or services specification for the subject mark(s) to file in the proper class; (c) File trademark application(s) for the subject mark in the Principal Register of the USPTO; (d) Upon filing the application, Client shall receive a confirmation email from the USPTO confirming that Application was submitted successfully; (e) All services are limited to the U.S. only. Should Client desire any worldwide trademark advice, searches or filings, Consultant will refer Client to a competent Trademark Attorney; (f) As applications receive Office Actions from the USPTO for many reasons, if the application filed by the Consultant does receive an Office Action, Consultant shall, to his best efforts, file a timely response with the USPTO at no additional cost to Client; (g) However, as the Consultant is not an Attorney, should the Office Action’s response require knowledge and scope of Trademark law, Consultant will refer Client to a competent Trademark Attorney to respond to the Office Action at Client’s expense; (h) This Agreement expires upon Client’s receipt of Success notice in confirmation email from the USPTO confirming that Application was submitted successfully.
2. Client Responsibilities - Client shall provide the following information: (a) Full contact information re the owner of the mark, including legal entity (if any) and State incorporated; (b) Date of first use of the mark in commerce (if applicable); (c) A specimen of the subject mark in a jpg format to be deposited with the USPTO if mark is currently being used; (d) A description as how the mark is being used or is intended to be used in Commerce; (e) A description of the goods and/or services to assist Consultant in determining the proper class in which to file application.
3. Fees, Expenses, Invoices - (a) Client will pay upfront the agreed upon amount to cover the USPTO application filing fee(s) and Consultant’s fees; (b) Payment must be paid by a valid Credit Card; (c) Application filing shall begin upon receipt of the above information; (d) USPTO filing fee includes a small fee to cover credit card processing (e) An itemized invoice will be submitted upon completion of the Application filing process to reflect all fees and costs.
4. Confidentiality - Consultant acknowledges that all trademarks provided by Client belong exclusively to Client, and provided to Consultant in confidential as a “work for hire.” Consultant hereby warrants that it shall comply with all applicable Federal and State laws, rules and regulations concerning confidentiality
5. Disclaimer - Consultant affirms he is not an Attorney but a Paralegal certified by the American Bar Association. Any trademark advice or information provided should not be construed as legal advice, but only as the opinion of a trademark professional.
6. Arbitration - Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall upon written request of one party served on the other be submitted to arbitration in accordance with the rules and regulations of the American Arbitration Association before one arbitrator in Los Angeles California. If any arbitration is necessary to enforce the terms of this Agreement, the prevailing party in the arbitration shall be entitled to reasonable attorney fees in addition to any other relief that party may be entitled. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered by the appropriate court of the forum having jurisdiction.
This Agreement shall be interpreted under and governed by the laws of the State of California.
2. Client Responsibilities - Client shall provide the following information: (a) Full contact information re the owner of the mark, including legal entity (if any) and State incorporated; (b) Date of first use of the mark in commerce (if applicable); (c) A specimen of the subject mark in a jpg format to be deposited with the USPTO if mark is currently being used; (d) A description as how the mark is being used or is intended to be used in Commerce; (e) A description of the goods and/or services to assist Consultant in determining the proper class in which to file application.
3. Fees, Expenses, Invoices - (a) Client will pay upfront the agreed upon amount to cover the USPTO application filing fee(s) and Consultant’s fees; (b) Payment must be paid by a valid Credit Card; (c) Application filing shall begin upon receipt of the above information; (d) USPTO filing fee includes a small fee to cover credit card processing (e) An itemized invoice will be submitted upon completion of the Application filing process to reflect all fees and costs.
4. Confidentiality - Consultant acknowledges that all trademarks provided by Client belong exclusively to Client, and provided to Consultant in confidential as a “work for hire.” Consultant hereby warrants that it shall comply with all applicable Federal and State laws, rules and regulations concerning confidentiality
5. Disclaimer - Consultant affirms he is not an Attorney but a Paralegal certified by the American Bar Association. Any trademark advice or information provided should not be construed as legal advice, but only as the opinion of a trademark professional.
6. Arbitration - Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall upon written request of one party served on the other be submitted to arbitration in accordance with the rules and regulations of the American Arbitration Association before one arbitrator in Los Angeles California. If any arbitration is necessary to enforce the terms of this Agreement, the prevailing party in the arbitration shall be entitled to reasonable attorney fees in addition to any other relief that party may be entitled. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered by the appropriate court of the forum having jurisdiction.
This Agreement shall be interpreted under and governed by the laws of the State of California.
I have read the agreement and agree to the terms