E-Commerce Trademark Package

This Agreement is entered between you, in your individual capacity or your capacity as authorized representative of a business entity, (hereinafter referred to as the “Client” or “You”) and Trademark Garden, PLLC, a Professional LLC of Arizona (hereinafter referred to as the “Firm”) that will provide legal services to You. This Agreement will not take effect, and the Firm shall have no professional responsibility or obligation to provide legal services until and unless You sign this Agreement, and pay the required Fees as laid out below. The Agreement is additionally contingent upon an internal conflict check to be run prior to engagement. If you do not pass the internal conflict check, or the firm discharges you prior to any service being provided for any other reason, all fees shall be refunded to you.
1. Scope of the Firm’s Representation. The firm will research, report risks, consult on, and prepare a filing for, trademark Application(s) on the Client’s behalf. The actual submission of the Application(s) shall only take place after the Client has been advised, and upon the Client’s approval. In the event of a filing, the Firm will take power of attorney over the Application(s) but may revert Power of Attorney to the Client at any time during the pendency of the Application(s), at the Firm’s discretion. Any and all post-filing services, including, but not limited to, Office Action Responses, and third-party cease and desist and/or opposition responses are explicitly excluded from this Agreement, and must be agreed to separately, in writing.
2. Staffing. Anton Leonov is assigned as the primary attorney in charge of Your matter(s).
3. Fees, Rates. 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, paralegals, case assistants and clerks of the Firm that perform services on the Client’s behalf. All flat legal fees are billed prior to commencement of work, and earned upon Substantive Completion by the Firm. Substantive Completion occurs when the Firm has performed a search and issue review and reported potential issues and filing recommendations to the Client via the email address reported by the Client on their intake form. Flat legal fees are non-refundable if the Client decides to not proceed with submission of the Application to the USPTO after the search and issue review has been reported to the Client. The Client further agrees to pay any other government fees that may be required for proper processing of the Application by the USPTO for any reason. USPTO fees are never refundable after being paid to the USPTO on the Client’s behalf.
4. Billing and Payment. The Firm requires the Client to submit all fees prior to the Firm’s commencement of its services to Client. This includes flat fee and hourly billed services. For any flat fees, or fees earned upon receipt, the Client retains the right to discharge the Firm at any time and in that event may be entitled to a refund of all or part of the fee based upon the value of the representation. All flat legal and USPTO filing fees are non-refundable after the filing of the Application.
5. Potential Conflicts of Interest. A conflict check must be completed for any new matters the Client requests the Firm represent it. Please note that it may become necessary to conduct another conflict check if the scope of engagement changes or starts to involve other parties. For example, we will run a new conflict check if we are asked to prepare agreements involving other parties or to provide advice regarding settlement that may involve our other clients
6. The Client’s Responsibilities. It is Your continuing obligation to assist the Firm in Your representation, and to provide the Firm with any relevant information requested by the Firm in the scope of representation. You will also need to make Your representatives available for personal appearances upon reasonable notice as necessary in the course of the representation, if applicable. Such appearances could include, but are not limited to planning meetings, and in the case of any litigation, deposition, settlement conferences, hearings and trials. It is Your continuing duty to inform the Firm of the identity of any person(s) or corporation(s) who is/are adverse to You or in conflict with You with respect to those legal matters as to which the Firm is representing You.
7. General Responsibilities of Attorney and Client. The Firm will keep You apprised of developments as necessary to perform its services and will consult with You as necessary to ensure the timely, effective, and efficient completion of requested work. Unless You instruct the Firm otherwise in writing, this contact may be through email without encryption (the risk is that a third party may intercept the communication). Attorneys at the Firm are licensed in the State of Arizona only, and hereby limit the scope of their counsel to matters of U.S. federal law, and Arizona law only.
8. Modification. 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.
9. Termination of Representation. Either the Client or the Firm may terminate the Firm’s representation of the Client at any time by written notice. The Client will be responsible only for the payment of fees and costs that have been incurred up to the date the Firm gives or receives notice of the termination, plus fees for any work reasonably incurred by the Firm in winding up the Client’s representation.
10. Effective Date. This agreement supersedes prior agreements between the Firm and the Client. The effective date of our agreement will be the date when, having been executed by the Client, one copy of this letter is received by the Firm and a successful conflict check is completed by the Firm. Once effective, this Agreement applies to services provided by the Firm to represent the Client in this matter before its effective date. Should this agreement not take effect, the Client would be obligated to pay the Firm the reasonable value of any services the Firm may have provided to the Client.
11. General Terms. We intend to represent You to the best of our abilities. As in all areas of law, the final outcome of a matter cannot be determined with absolute certainty. You acknowledge that we give no assurance, guarantee, or warranty regarding the outcome of any matter, and that Your decision to retain the Firm is not based upon any representation by a representative of the Firm, or belief on Your part, that any particular outcome will, or will not as the case may be, result. This agreement constitutes the complete and entire agreement between You 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.
12. Headings. All headings contained herein are for reference only and shall not affect the meaning or interpretation of this agreement in any manner.
13. Arbitration. We appreciate the opportunity to serve as Your attorneys and anticipate a productive and harmonious relationship. If You become dissatisfied for any reason with the services we have performed of the fees charged, we encourage You to bring that to our attention immediately. We believe most such problems can be rectified by communication and discussion. However, a dispute could arise between us that cannot be resolved by negotiation. We believe that such attorney-client disputes are most satisfactorily resolved through binding arbitration rather than by litigation in court. By signing this letter, the Client and the Firm agree that, if any dispute arises out of or relating to this agreement, our relationship or the services performed. For purposes of this Agreement, a Dispute (“Dispute”) is defined as: any dispute, claim or controversy between the Client and Trademark Garden, PLLC, its members, its employees, its agents, or its vendors that arises out of or relates to this Agreement and that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
The Client understands that the arbitrability of any Dispute is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Arizona govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles. The Client understands that any Dispute shall be finally and exclusively resolved by binding individual arbitration (“Arbitration”) conducted by the American Arbitration Association under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
The Client understands that Arbitration of the Client’s claim is mandatory and binding. The Client understands that this means that neither the Client nor the Firm will have the right to litigate that claim through a court, and that the Client and the Firm therefore expressly forfeit their rights to a jury trial and/or to engage in the discovery process, except as provided for in the AAA code of procedure. All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, and the judgment of the arbitrator shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive and remain in force following the termination of this Agreement, and/or the bankruptcy of either party.
The Client understands that it is free to consult with other counsel about the wisdom of agreeing to arbitration or to any other term of this agreement before signing it, and the Client agrees that it is voluntarily signing this agreement. The Client and the Firm further agree that any award issued through arbitration may be appealed by either party to the JAMS Private Appeals Board.
BY AGREEING TO ARBITRATE, THE CLIENT WAIVES ANY RIGHT THE CLIENT MAY HAVE TO A COURT OR JURY TRIAL.
14. Severability. 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.
15. Confirmation. We look forward to representing You. If the terms set forth in this Agreement are satisfactory, please sign the agreement in the space provided for your signature and return a scan copy of the agreement to anton@trademarkgarden.com. Please retain an additional copy for your records.