TERMS OF SERVICE
1. Scope of Representation. You are engaging Mitchell Law, PLLC (hereinafter “ML”) to draft and file your U.S. Trademark Application.
2. Terms of Engagement. You are engaging ML to draft and file a U.S. Trademark Application. This engagement is only for the drafting and filing of a U.S. Trademark Application and is not for additional legal services such as, but not limited to, a Trademark search, infringement search or legal opinion. If you want any additional legal services, you must request the same separately in writing or by selection of the appropriate form option. After completion of this filing, changes may occur in the applicable laws or regulations that could have an impact upon your future rights and liabilities. Unless you engage our office after the closing to provide additional advice on issues arising from the matter, ML has no continuing obligation to advise you with respect to future legal developments. Unless the parties hereto make a different agreement in writing, this agreement will govern any other future services ML may perform for Client.
3. Conditions. This contract will not take effect and ML will have no obligation to provide services until Client confirms this agreement and pays the required retainer. Mitchell Law, PLLC may not accept your case and may return all original documents/payments without filing your trademark application for various reasons at their sole discretion including, but not limited to, conflict of interest.
4. Client’s Duties.
|4.1.||Client agrees to be forthright with ML and to cooperate with ML at all times. Client agrees to keep ML informed of future developments, abide by this Contract, and pay ML’s bills on time.|
|4.2.||Client agrees to keep ML advised of Client’s current address, telephone number and e-mail address.|
|4.3.||Client agrees to keep ML informed of potential problems or dissatisfaction with ML’s legal services by notifying ML of the same in writing within thirty (30) days of identifying the potential problem or dissatisfaction so ML may investigate and remedy the same. Client agrees to provide ML at least thirty (30) days to attempt to investigate and remedy the potential problem.|
|4.4.||Client agrees to identify only the true owner(s) for the application. If an individual has been incorrectly identified as an owner, Client agrees to notify ML in writing of the incorrect identification of ownership so ML may make the necessary corrections.|
5. Fees & Expenses.
|5.1.||RETAINER. You agree to provide the required retainer to be utilized in the payment for services provided regarding the filing of the trademark application with the U.S. Trademark Office.|
|5.2.||ADDITIONAL SERVICES. The total cost for filing the U.S. Trademark Application is only for filing the trademark application with the U.S. Trademark Office. This total cost does not include any subsequent services provided or USPTO fees due after the filing date of this trademark application. Client understands that unless they have ordered a separate trademark search that the total cost does not include a trademark search. In addition, the USPTO filing fee is subject to change based upon the USPTO fee schedule. Client shall be responsible for paying any changes in the USPTO fee schedule. If ML withdraws or is discharged from representation before completion of the filing of the U.S. Trademark Application, ML shall bill Client for services rendered based upon the hourly rate at the time of termination of the relationship and shall apply the same to any retainer and invoice the remainder.|
|5.3.||TIME FRAME. Please expect the filing of your U.S. Trademark Application to take at least one business day (i.e. it could be a few days longer). IF THIS TIME FRAME IS NOT ACCEPTABLE FOR YOU, PLEASE CONTACT US IMMEDIATELY IN WRITING SO WE CAN ATTEMPT TO ADJUST THE TIMING OF YOUR APPLICATION. IF AT ANY TIME YOU FEEL THAT THE APPLICATION PREPARATION IS TAKING LONGER THAN EXPECTED, YOU AGREE TO NOTIFY US IN WRITING OF THE SAME SO WE CAN TAKE THE APPROPRIATE ACTIONS. Nothing in this Contract and nothing in ML’s statements to Client will be construed as a promise or guarantee about the completion time for filing the trademark application. ML makes no such promises or guarantees. ML’s comments about the time of completion of Client’s matter are expressions of opinion only.|
|5.4.||HOURLY CONSULTATIONS. Consultations with Client and additional services provided after the date of filing the U.S. Trademark Application or for matters not directly related to the preparation of the application will be billed at our hourly rate. Hourly rates for attorneys typically range between $200 – $300 per hour. Hourly rates for legal assistants, paralegals and legal interns typically are $75 – $100 per hour. Charges are in minimum amounts of two tenths (0.20) of an hour. Please contact us for an updated fee schedule for ML’s services as our fees frequently change without notice. The fees stated in this letter may not be the most up-to-date and you should refer to our website (see above) in order to view the most up-to-date fee schedule. Billing rates may be raised periodically without notice. Client hereby agrees with any such new basic hourly rates if Client does not discharge ML within the thirty (30) day period subsequent to receipt of the first statement reflecting any such changes in the rates being charged.|
|5.5.||INVOICES. Monthly statements are prepared and processed by our accounting department. If you have questions concerning a statement, please call me or our accounting department at 734.548.9005. We prepare our statements on the assumption that payment will be received within 30 days of receipt. To keep our costs low and in fairness to us and our clients who remit promptly, we reserve the right to decline representation to clients who do not pay within the guidelines without making mutually acceptable arrangements for delayed payments. Client agrees that we may, at our election, withdraw from any such representation.|
6. Payment. ML shall send to Client periodic statements for fees and costs incurred that have not been paid via a retainer. If any statement is disputed by Client, Client shall notify ML within thirty (30) days of receipt of such statement by Client. If no such notification is received by ML in writing within said thirty (30) days, the statement shall be deemed correct. Client shall pay ML’s statements within thirty (30) days of the mailing of each statement. All amounts delinquent for thirty (30) days or more shall, at ML’s option, bear interest at the rate of seven percent (7.0%) per annum late fee, and Client expressly acknowledges this obligation and duty to promptly pay all statements.
7. Discharge and Withdrawal. Client may discharge ML at any time. ML may withdraw with Client’s consent or for good cause at any time. Good cause shall be deemed to specifically include, but is not limited to, Client’s failure to pay statements, Client’s failure to provide a retainer in a timely manner, Client’s breach of this Contract, Client’s refusal to cooperate with ML or to follow ML’s advice on a material matter, Client’s being difficult to work with, or any other fact or circumstance that would render ML’s continuing representation unlawful or unethical.
8. Conclusion of Services. When ML’s services conclude, all unpaid charges shall become immediately due and payable. After ML’s services conclude, ML will, upon Client’s written request, deliver Client’s file to Client along with any Client funds or property in ML’s possession.
9. Disclaimer of Promise or Guarantee. Nothing in this Contract and nothing in ML’s statements to Client will be construed as a promise or guarantee about the outcome of Client’s matter. ML makes no such promises or guarantees. ML’s comments about the outcome of Client’s matter are expressions of opinion only. In addition, ML does not make any promises, statements or guarantees regarding the potential commercial success of the invention or the potential value of any resulting trademark(s) or infringement issues.
10. ARBITRATION OF DISPUTES. ML AND CLIENT AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM OR AGAINST ANY AGENT, EMPLOYEE, SUCCESSOR, OR ASSIGN OF THE OTHER, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, AND ANY CLAIM OR DISPUTE RELATED TO THIS AGREEMENT OR THE RELATIONSHIP OR DUTIES CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS ARBITRATION AGREEMENT, SHALL BE RESOLVED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED UNDER THE FEDERAL ARBITRATION ACT (9 U.S.C. SECTIONS 1-16). BY AGREEING TO ARBITRATION, BOTH ML AND CLIENT GIVE UP THEIR RIGHTS TO A TRIAL BY JURY OF ALL DISPUTES ARISING FROM THE ATTORNEY-CLIENT RELATIONSHIP, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR MALPRACTICE, NEGLIGENCE, FEE DISPUTES, BREACH OF FIDUCIARY DUTY, DECEPTIVE TRADE PRACTICES, BREACH OF CONTRACT, OR THE LIKE. YOU SHOULD CONSIDER WHETHER ARBITRATION IS ACCEPTABLE TO YOU, AND YOU SHOULD CONSULT WITH INDEPENDENT COUNSEL IF YOU BELIEVE IT APPROPRIATE TO DO SO. BY SIGNING THIS LETTER, YOU AGREE THAT THE ARBITRATOR’S DECISION SHALL BE BINDING, CONCLUSIVE AND NONAPPEALABLE. ANY AWARD OF THE ARBITRATOR(S) MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THIS AGREEMENT UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN EFFECTIVE. FOR PURPOSES OF THIS AGREEMENT, ML AND CLIENT ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ARBITRATION OF DISPUTES UNDER THIS AGREEMENT HAS ADVANTAGES AND DISADVANTAGES WHEN COMPARED TO SUBJECTING SUCH DISPUTES TO THE COURT PROCESS AND A JURY TRIAL, INCLUDING BUT NOT LIMITED TO:
- ARBITRATION IS DONE IN PRIVATE AND MAY PROVIDE A FASTER RESOLUTION OF ANY DISPUTES THAN A COURT OF LAW;
- ARBITRATION MAY PROVIDE A LESS EXPENSIVE MEANS OF REACHING A RESOLUTION OF THE PARTIES’ DIFFERENCES;
- ARBITRATION MAY PROVIDE A MORE INFORMAL MEANS OF RESOLUTION OF DISPUTES;
- ARBITRATION MAY ALLOW LESS DISCOVERY THAN THAT ALLOWED IN A LAWSUIT AND THE ARBITRATOR MAY BE UNABLE TO REQUIRE THIRD PARTIES TO PARTICIPATE IN AN ARBITRATION OR TO PROVIDE DOCUMENTS OR WITNESSES;
- ARBITRATION WAIVES THE RIGHT TO A JURY TRIAL;
- ARBITRATION IS BINDING AND APPEALS ARE LIMITED;
- ARBITRATION WILL BE DECIDED BY AN INDIVIDUAL ARBITRATOR OR A PANEL OF ARBITRATORS; AND
- ARBITRATION MAY REQUIRE ML OR CLIENT TO PAY THE FEES/COSTS OF ARBITRATION.
11. Confidential Information and Document Retention. Client may be assured that ML will protect the confidentiality and privileged status of information communicated by Client and will not disclose Client information to anyone except as may be required by law consistent with ML’s professional responsibilities. ML’s policy is to deliver to the Client, upon request, all documents and property the Client has provided ML and documents and materials prepared as part of the representation. We may exclude from this our internal memoranda and records, attorney notes, drafts not intended for external distribution, and similar lawyer working materials. We may also elect to retain a copy of other portions of the file at our expense. ML will retain any files relating to your matters that you do not ask to have returned. However, to avoid indefinite storage, we reserve the right to dispose of any documents or other materials retained by us within a reasonable time after the completion of our engagement.
12. Conflicts of Interest. Recognizing and addressing conflicts of interest is a continuing issue for attorneys and clients. We have implemented policies and procedures to identify actual and potential conflicts at the outset of each engagement. From time to time we may be asked to represent someone whose interests may differ from the interests of Client. We are accepting this engagement with Client’s understanding and express consent that our representation of Client will not preclude us from accepting an engagement from a new or existing client, including litigation or other matters that may involve Client. However, we will not accept an engagement that is directly adverse to the Client if either: (1) it would be substantially related to the subject matter of our representation of the Client; or (2) would impair the confidentiality of proprietary, sensitive or otherwise confidential communications made to us by the Client. That is, the Client is our sole client with respect to this engagement. Individuals that are affiliated with the Client, such as officers, directors or employees, are not clients of ML, unless we otherwise agree in writing.
Mitchell Law, PLLC greatly appreciates your confidence and is looking forward to having you among our clients. We know that our reputation has been built upon and continues to depend upon the timeliness, efficiency and effectiveness of the work we have done for others and now will be doing for you.
Very truly yours,
MITCHELL LAW, PLLC
Matthew W. Mitchell