1. PARTIES / EFFECTIVE DATE. This Agreement is made between The Law Firm of Sausser & Spurr, LLC (“Attorney”) and You (“Client”). The effective date shall be the date of the latest signed Engagement Agreement. This Agreement will not be fully-executed unless and until written acceptance is confirmed via email to Client from Attorney.
2. SCOPE OF LEGAL SERVICES PROVIDED. This Engagement Agreement is for the purposes of Client hiring Attorney for the services defined as Trademark Search and Registration. Trademark Search and Registration service is defined to include the following: The legal services provided by Attorney to Client will include a comprehensive trademark search that involves searching the United States Patent and Trademark Office (“USPTO”) database, all fifty states’ trademark databases, common law trademark databases, and domain name databases; drafting an opinion letter based on these results; a phone consultation with Attorney for up to thirty (30) minutes to discuss the search results; drafting and filing Client’s trademark application for one international class of goods or services; monitoring Client’s trademark application; and responding to any non-substantive Office actions issued by the USPTO (“Legal Services”). All other services beyond the scope of services just described will incur an additional charge, including, but not limited to, the filing of an amendment to allege use or a statement of use for Section 1(b) intent to use applications. If Client’s initial search results in a negative opinion stating the mark is not registrable, Client is entitled to one additional search as part of the search & registration package. Should a third search need to be conducted because the second search also resulted in a negative opinion stating the mark is not registrable, Client understands a third search will incur an additional legal fee in the amount of $299. If at anytime the Client should decide to not pursue registration, the $176 that is attributable to the legal fees to file registration will be refunded to the client. Client is responsible for any Government fees.
Non-substantive Office actions are defined as Office actions related to issues with the legal entity status or citizenship of the applicant, the identification of goods or services, improper specimens, or improper dates of use. Substantive Office actions (which are not covered) include, but are not limited to, statutory prohibitions, such as refusals based on likelihood of confusion, mere descriptiveness (or generic marks), misdescriptiveness, surnames, or scandalous marks. Since to do so would be greatly difficult, the common law search is not guaranteed against all common law sources. Client may request for Attorney to add additional international classes to the application for an additional fee. Attorney will provide the Legal Services, respond promptly to Client’s communications, and keep Client apprised of all developments with the Client’s trademark application. Client understands that this is an application process, which could end in a denial of the Client’s trademark by the USPTO. The Client also understands that registered trademarks require maintenance. MAINTENANCE AND REMINDERS OF MAINTENANCE DEADLINES WILL NOT BE HANDLED BY THE ATTORNEY UNDER THIS AGREEMENT. All time estimates are based on averages. The Client understands that each case is different and may require additional time for the Attorney to complete the service.
3. CLIENT’S PROMISE. Client agrees to work together with Attorney throughout this Agreement, to be available when requested by Attorney, provide needed declarations, pay all fees and costs associated with the filing process, and keep Attorney aware of Client’s current contact information, including street address, telephone number(s), and email address at all times.
4. LEGAL FEE. In accordance with the Rules of Professional Conduct of South Carolina, the fee associated with this agreement of four hundred and seventy-five dollars ($475.00 USD) per trademark will be placed in an interest on lawyer’s trust account (IOLTA). Client may be entitled to a refund of all or a portion of the fee if the agreed upon Legal Services are not provided. Attorney will return to Client any unearned portion of the fee. Two-hundred and ninety-nine dollars ($299.00 USD) of the Legal Services are earned once the Client receives the legal opinion letter based on the search results. The legal fee is considered completely earned once Attorney submits the trademark application for registration to the USPTO. Attorney may be entitled to partial payment should Client terminate the relationship prior to completion of the Legal Services. Client may request for Attorney to add additional international classes to the application for an additional fee of ninety-nine dollars ($99.00 USD) per international class plus the requisite Government fees associated with adding the international classes.
5. GOVERNMENT FEES. Government fees are in addition to the above stated legal fees. The Government fee for a U.S. trademark registration is either two-hundred and twenty-five dollars ($225.00 USD) or two-hundred and seventy-five dollars ($275.00 USD) per international class, depending on the filing basis as well as any changes or amendments during the application process. Client shall pay the Government fee upon application submittal. For Section 1(b) intent to use applications, there is a requisite Government fee of one hundred dollars ($100.00 USD) to file an amendment to allege use or a statement of use. For a complete list of government fees please see http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.
6. ADMINISTRATIVE FEES. Any and all administrative costs are the Client’s responsibility and are in addition to the above stated legal fees.
7. TERMINATION. As it is in any professional relationship, Client has the right to terminate the lawyer-client relationship and discharge Attorney at any time during the duration of this Agreement. Attorney reserves the right to terminate this Agreement as well. If Client chooses to terminate this Agreement, Client must provide reasonable notice to Attorney and agrees to cover the expenses incurred prior to the termination, including but not limited to, payment for Attorney’s partially completed Legal Services. Should Client terminate the relationship prior to completing the Legal Services, Attorney has the option to charge an hourly fee of $200/hr. on the services provided prior to termination up to the flat fee rate.
8. SEVERANCE. In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.
9. COMPLETE AGREEMENT. This Agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this website or any services rendered by Attorney to Client. This Agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this Agreement will be binding on the parties. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
10. CONFLICTS / CLIENT CONFIDENTIALITY. Representation by Attorney is contingent on Attorney’s conflict check of Client. After confirmation that no conflict exists Attorney will send Client the fully executed Agreement via email. All the notes, writings, reports, research, and communications related to this matter will be maintained in strict confidence and are protected under the provisions of the Attorney-Client privilege.
11. GOVERNING LAW. This agreement shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions.
12. JURISDICTION. Should any dispute arise, the action shall take place in Charleston, South Carolina.
13. SIGNATURES. The parties may execute this Agreement by electronic means and in electronic counterparts.