TRADEMARK CLIENT AGREEMENT
This Agreement is made and entered into on the date of payment made for the Trademark Services by and between Natalie Puglisi (hereinafter “Attorney” “we” “us” “our”), and You (hereafter “Client”) to represent Client’s interest in the intellectual property protection of the Brand through the filing of a trademark(s).
Attorney and Client voluntarily and willingly agree to the terms and conditions as follows:
IN CONSIDERATION OF the matters described below and of the mutual benefits and obligations as set forth in this Agreement, for good and valuable consideration of the filing of a Trademark(s) for the Brand for $1,200. Attorney agrees to provide services as outlines in this Agreement and all Addendums and Client agrees to provide payment as set forth in this Agreement and all Addendums.
This agreement will take effect only upon payment for the Services through Attorney's chosen payment provider. However, the agreement is retroactive to the date Attorney first performed services. Even if this agreement is not signed, Client is obligated to pay Attorney for the reasonable value of any services performed.
Attorney will perform the services as set forth herein; and Attorney maintains an errors and omissions insurance policy applicable to these services. Attorney will not undertake other work on new matters without being directed to do so by Client. All reasonable steps will be taken by Attorney to keep Client informed of the progress of the matter and to respond to inquiry.
Natalie Puglisi in capacity as an attorney will provide the following services to client including:
Filing of a Trademark(s) for the Brand, which includes the filing fee for one (1) class. Any additional classes shall be billed at $250 (plus reimbursement for Payment Provider's fees and costs).
Ongoing maintenance and support through the trademark process including:
A thorough trademark search(es) to be done prior to the filing of the trademark application(s);
Any responses and/or required filings to Office Actions as set forth by the US Patent and Trademark Office;
Any responses to correspondences received by the US Patent and Trademark Office;
All communications to and from the Client in order to answer questions concerning the trademark application(s) and/or the application process;
A final packet which will explain to the Client how to protect the trademark(s) once it has been approved for registration
Email Support: Client may send Attorney, emails throughout the duration of the services as outlined in Paragraph 1 above. Emails shall be limited to any issues, questions, concerns, comments or any other reasonable support and shall be sent to [email protected]. Client understands and agrees that Attorney, or Attorney’s team/staff, shall respond to all emails in a reasonable amount of time.
Telephone Calls: Client understands and agrees that he/she is entitled to a reasonable amount of telephone calls or Zoom calls as is required to complete the services as outlined in Paragraph 1. Client shall schedule calls with Attorney via https://nataliepuglisischedule.as.me/30-minute-chat
Should Attorney or Client need to reschedule a call, 24-hour notice is required out of courtesy.
Client agrees and acknowledges that the cost of services and fees shall be billed at $1,450. Client agrees to remit payment to Attorney via Client’s preferred Payment Provider. Client acknowledges and agrees to the Terms and Conditions of the Payment Provider. Client and Attorney agree that the regular initial retainer shall be waived.
Client understands that he/she is responsible for any and all additional filings fees to the US Patent and Trademark Office which shall include $250 per class/category, and any other reasonable fees as required by the US Patent and Trademark Office. Client understands and acknowledges that Attorney shall send a separate invoice via Stripe to be reimbursed for such fees as applicable as well as any Stripe processing fees.
Client agrees and understands that the total cost of the services and fees includes one (1) class. Should any additional classes/categories be chosen for the intended trademark Client and Attorney shall agree to the class(es) via email prior to the filing of any trademark application(s).
Client understands that the cost of services shall include any correspondence and/or responses to any Office Actions regarding the filed trademark application. Client further understands and agrees that the cost of services shall not include any responses to Oppositions which shall be billed on an hourly rate of $350/hour.
Client agrees and acknowledges that Attorney does not allow for refunds once Attorney successfully files the Trademark with the US Patent and Trademark Office.
Should Attorney run the thorough Trademark Search and a potential issue arises, Client has the option of the following:
1. Attorney shall be reimbursed for performance of the thorough Trademark Search ($350) and return the unused portion of the payments made to the Client; or
2. Client may elect to choose a new Trademark to be filed. Attorney shall perform one additional thorough Trademark Search at no additional cost to the client with the intent of filing a new trademark application. The Client shall not be charge any additional fees for continuing the application process;
2a. Should any subsequent thorough Trademark Searches need to be performed outside of the one (1) included with the initial filing and one (1) complimentary subsequent search, each additional thorough Trademark Search shall be billed to the client for $350.
Should Attorney experience an unforeseen event which would cause her or her team to be unable to complete the Services, Client shall be entitled to a partial refund based upon the amount of time expended for the services. Client further agrees and acknowledges that should he/she change his/her mind about the services, Attorney is entitled to a reasonable amount of fees based upon the amount of time expended for the services as listed above to be billed at an hourly rate of $250/hr.
Client agrees and acknowledges that Attorney makes no guarantees or representations with regard to the United States Patent and Trademark's acceptance of the trademark application as well as any opposition which may be filed against the Trademark. Attorney shall to everything to assist with a successful application, however cannot guarantee success in any way.
Client agrees to keep Attorney informed of pertinent developments, and to keep Attorney advised of any changes in the business structure and/or the intended trademark name. Client agrees to be truthful with Attorney, to cooperate with Attorney, and to assist Attorney in providing necessary information and documents and will appear when necessary at legal proceedings.
Client agrees and acknowledges that they are the owner of any and all intellectual property submitted for Trademark registration and that Attorney shall not be held responsible should Client be found to not be the original owner of the Intellectual Property and/or should the Client be found in violation of intellectual property laws and rights with regard to the submitted intellectual property.
CONFIDENTIALITY AND NON-DISCLOSURE
The term “Confidential Information” as used in this Agreement shall mean any and all trade secrets and any and all data or information not generally known outside the Agreement whether prepared or developed by or for Attorney or received by Attorney from any outside source or Client. Attorney acknowledges and agrees that all Confidential Information acquired between Client and Attorney shall remained privileged through attorney-client privilege.
Both Parties further agrees that any and all Confidential Information learned as of the start date of this agreement shall survive the termination, revocation, or expiration of this Attorney-Client relationship and Agreement.
DISCHARGE AND WITHDRAWAL
Client may discharge Attorney at any time. Attorney may withdraw from representation of Client with Client's consent, or for good cause. Good cause includes Client’s breach of this agreement, refusal to cooperate or to follow Attorney advice on a material matter, or any fact or circumstance that would render Attorney continuing representation unlawful or unethical.
It is the intent of Attorney that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at [email protected] and include all of your reasons for dissatisfaction with the Services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By entering into this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must begin within (1) year of the date of your correspondence referenced above or you waive the right to seek dispute resolution by arbitration or take any other legal action.
You also agree that should arbitration take place, it will be held in Santa Barbara, California and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Attorney, or any of our Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of this Agreement are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
If legal action or arbitration is necessary to enforce the terms of this agreement, the prevailing party shall recover reasonable Attorney’s fees.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
This agreement contains the entire agreement between Attorney and Client.
This agreement may only be modified by a subsequent agreement in writing between Attorney and Client or by an oral agreement only to the extent that it is actually completed. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect.
Attorney will normally maintain Client’s file for approximately four years after completion of the services. Thereafter, only a few documents will be maintained by Attorney. Attorney will be happy to provide Client’s complete file upon receipt of a written request within four years of completion of services.
Client understands that a large part of Attorney’s practice is made up of the representation of companies and online entrepreneurs. By signing a copy of this letter, Client agrees to waive any possible conflict of interest concerning present representation which have been disclosed, if any, and further agrees not to object to Attorney’s representation of a future client on conflict grounds unless Attorney has come into possession of specific confidential information in the course of this representation which would prejudice Client’s position with regard to that case.
Client has read and understood the foregoing terms and agrees to them as of the date Attorney first provided services. If more than one client signs below, each agrees to be liable, jointly and severally, for all obligations under this agreement.