Flat-rate trademark registration terms of engagement

These terms of engagement will govern the attorney-client relationship between you and Jonathan LA Phillips, Attorney at Law concerning the trademark application process.

SCOPE OF ENGAGEMENT

Jonathan is assisting you with a trademark registration. The scope of his representation, unless you and he otherwise agree in writing, is limited to the following tasks:

• Running a conflict check;

• Reviewing the information you submitted to him;

• Performing a knockout search, i.e. a preliminary search of the USPTO trademark database for identical or highly similar wording in marks in order to asses the risk of a likelihood of confusion refusal (does not cover design or graphic elements);

• Advising you if he believes there is a substantial risk that your application will be denied;

• Reviewing your proposed mark and the goods and services;

• Advising you on the risk of a potential descriptiveness refusal;

• Advising and proposing alternative descriptions of your goods and services;

• When appropriate, advising you on what to provide as a specimen of use;

• Preparing and filing your application for registration;

• Paying the USPTO assessed application filing fee for a single class;

• Docketing your application;

• Updating you on notices or actions from or by the USPTO or third-parties; and

• In the event of an adverse action or notice, analyzing the action and presenting a proposed course of action for you.

If an item is not listed above, Jonathan LA Phillips will not be representing you for it unless you and he otherwise agree, in writing.

COST

The legal fees for the above services are a flat-rate of $550 for applications where the mark is currently in use and $650 for applications where the mark is not currently in use. In each instance, this fee covers applications with up to three International Classes of goods or services. Additional classes will require a separate agreement with Jonathan.

After a review of your information, Jonathan may advise you of some issue with your application and you elect to not pursue your application further. In such an event, you will only be billed for $150. Otherwise, the total fee will be treated as earned as soon as Jonathan begins his review of your submission.

You will be responsible for all filing fees at the USPTO.

You will immediately be billed for the legal fees and initial application fees once the application is filed.

WARRANTY

Jonathan will use his best legal judgment and skill in his representation. However, there he makes no warranty as to any result.

YOUR AUTHORIZATIONS & REPRESENTATIONS

You authorize Jonathan to take all steps and actions he determines to be appropriate to complete the foregoing tasks. You will fully and accurately disclose all facts necessary for him to perform those tasks and will advise him on any developments. You will regularly check your email. You understand that he will communicate with you solely by email and will not have any responsibilities to repeatedly reach out for a response. You agree that if you fail to respond to emails concerning requests for information or deadlines, Jonathan will not take any steps on your behalf. Importantly, you understand this may result in the abandonment of your application.

You authorize Jonathan to respond to non-substantive USPTO Office actions such as those requiring:

• amendment of the identification of goods or services, classification, or description of the mark;

• disclaimers;

• changing contact / correspondence information;

• correcting errors in form; or

• other items that Jonathan, in his sole discretion, determines can be responded to without input from you without your consultation or approval.

YOUR REPRESENTATIONS

By providing Jonathan with information or materials, you represent and warrant:

• You believe you are entitled to use the mark in commerce;

• To the best of your knowledge, no other entity has the right to use the same or similar mark for the same or similar products or services so that your mark is likely to cause confusion, mistake or to deceive;

• All information you provide is accurate to your knowledge;

• You understand that false statements to the USPTO may be punishable by law and cause trademark registrations to be invalidated;

• You understand that Jonathan will rely on what you provide to him; and

• You agree to indemnify and hold harmless Jonathan from any liability or expenses, including attorneys’ fees, from your breach of the foregoing.

AFTER REGISTRATION

Unless you and Jonathan otherwise agree, in writing, he has no duty to monitor your registration after it is registered. Jonathan does offer these services, but not as part of this flat-rate service. You understand there are deadlines that arise, with the first being between the fifth and sixth year of registration. If not met, you may lose your registration. Unless otherwise agreed, in writing, it is your duty to keep track of these dates.

TERMINATION

While Jonathan looks forward to an ongoing, mutually beneficial relationship, you will have the right to terminate his services at any time upon written notice. He may terminate your representation of you for failure to pay fees and expenses when due, when continued representation could result in his violation of the applicable Rules of Professional Conduct, or other good cause. In the event his representation is terminated for any reason, you will be responsible for payment of fees and expenses incurred until the termination is effective. He will have the right to retain your client files until all amounts due from you are paid. He will continue to observe my duty to guard all client confidences following the termination of my representation.

COMPANY AS CLIENT

In the event the trademark owner, “you” in this agreement, is a company or other non-individual legal entity, it is important to explain who Jonathan’s client is. In such a situation, the company is Jonathan’s client and his legal services will be provided to the company. That means the services will not be provided to any of the officers, directors or owners individually. He will take direction from the company’s representatives and will provide services on behalf of and with the best interests of the company in mind.

DISPUTES

You understand that Jonathan will be providing legal services from the his office in the State of Illinois. Any dispute must be resolved in the courts located in Peoria County Illinois. You waive any objection to venue in these courts and acknowledge that these courts have personal jurisdiction over you.

ENTIRE AGREEMENT

This is the Agreement between you and Jonathan LA Phillips in its entirety as it relates to the application for registration of your mark. Nothing else you have read, heard, believed was promised, or understood prior to Jonathan’s acceptance of these terms is binding on him. If a court or tribunal determines some portion of this agreement is unenforceable for any reason, then the remainder of the terms are severable and will remain in effect. Notwithstanding the foregoing, you and he may enter into a separate written agreement concerning other legal services.