Provide information about your trademark. If in doubt, just leave the question blank. We’ll discuss these with you after you retain us.
Please identify the specific products and/or services for which you currently use your trademark mark, or intend to use your trademark:
Please identify the date you first began offering your goods or services across state lines or internationally:
Please read our Engagement Letter carefully. If it meets with your approval, please electronically sign it below.
Engagement Agreement
1. Parties. In this Agreement, the terms “you,” “your,” and “yours” refer to you, the client. The terms “we,” “us,” “our” or “Axenfeld Law” refer to Axenfeld Law Group, LLC, a limited liability company, having a place of business at 2001 Market St., Suite 2500, Philadelphia, PA 19103.
2. Effective Date. This Agreement will not become effective until signed by both you and us. Acceptance of the Agreement only occurs after we send you —via email — a copy of this Agreement duly signed by both Parties. Thus, the effective date of this Agreement is the date upon which Axenfeld Law signs/dates the Agreement. If we run a conflict check and determine that we cannot represent you, your prepaid retainer will be refunded in full.
3. Initial Scope of Our Representation – The purpose of this agreement is to confirm the basis upon which Axenfeld Law will initially provide legal services to you. Specifically, Axenfeld Law will provide the legal services enumerated below in this Section 3; reply promptly to your communications; and keep you apprised of any communications received from the USPTO related to your trademark application. The legal services Axenfeld Law will provide to you include the following:
a) a trademark search (for a single International Class of goods or services) of the United States Patent and Trademark Office (“USPTO”) database, all 50 states’ trademark databases, and various common law, and domain name databases;
b) a legal-opinion letter analyzing the trademark-search results for a single International Class of goods or services;
c) a phone consultation with an attorney at Axenfeld Law for up to thirty (30) minutes regarding the Trademark Search, and our opinion;
d) a trademark application drafted and filed with the USPTO for a single International Class of goods or services; and
e) monitoring any communications received from the USPTO
(hereinafter “Trademark-Search-and-Federal Application package”)
4. You may Request Additional Services. All services beyond the scope of services described in Section 3, will incur an additional charge, and will require an additional fee such as the filing of an extension to file a Statement-of-Use, or a Statement-of-Use for an “Intent to use” application, any additional International Classes of Goods/Services to be searched or filed as an application with the USPTO, responses to Office Actions, communications with the Examining Attorney, Opposition Proceedings, any post Registration services, or any other services not expressly listed in Section 3 above.
5. Legal Fees. Our legal fee for performing the services associated with the Trademark-Search-and-Federal Application package is nine-hundred-twenty-five US dollars ($925.00) per trademark application for a single International Class of goods or services. This $925.00 dollar amount will be deposited in Axenfeld Law’s Pennsylvania Interest on Lawyers Trust Account (“IOLTA”). If the legal services in Section 3 are not fully rendered, you may be entitled to a refund of all or a portion of the fee. For instance, Axenfeld Law will return to you any unearned portion of the $925.00 fee. However, you agree that nine-hundred-and-twenty-five dollars (US $925.00) of our legal services are fully earned after you receive Axenfeld Law’s trademark-search opinion letter; even if Axenfeld Law does not prepare and file your trademark application with the USPTO. You may ask that we add an additional International Class to your trademark search and/or trademark application for an additional fee of one-hundred-fifty dollars (US $150.00) per international class plus the USPTO fee associated with each additional International class(es). For Intent-to-Use applications additional legal fees will be incurred if we file an extension or Statement-of-Use. You understand that all legal fees are non-refundable and fully earned after legal services are rendered. You are solely responsible for all out-of-pocket expenses, including all USPTO fees.
6. Legal Fees for Stylistic Trademarks. If you desire for Axenfeld Law to perform a clearance search and file a trademark application with the USPTO for a logo, design, and/or a stylistic trademark, an additional three-hundred-and fifty United States dollars (US $350) will be required, before performing the search and opinion. You agree that this fee is fully earned after you receive Axenfeld Law’s trademark-search opinion letter; even if Axenfeld Law does not prepare and file your trademark application with the USPTO.
7. USPTO Fees. The USPTO charges fees, which are in addition to the legal fees recited in Sections 5 and 6 above. The anticipated USPTO fee for a U.S. trademark registration is either two-hundred-and-fifty US dollars ($250.00) or three-hundred-and-fifty US dollars ($350.00) per International Class depending on the description of goods and services. You are responsible for paying the USPTO fee before we file your trademark application with the USPTO. If applicable to your situation, additional USPTO fees will apply if you file a Section 1(b) “Intent-to-Use” application. You understand that USPTO fees may increase from time-to-time, and if there is an increase you are responsible for paying the increased USPTO fee.
8. Your Cooperation. You agree to cooperate with us during our representation including: paying all the fees outlined above, making yourself available for call(s) if requested, answering our emails in a timely manner, signing required declarations, and notifying Axenfeld Law of your most current contact information, including physical address, telephone number, and email address. Your failure to cooperate in anyway in accordance with this Section 8 may cause Axenfeld Law to terminate our representation of you.
9. Term of Engagement. You may terminate this engagement at any time for any reason upon a reasonable period of written notice. Axenfeld Law may terminate the engagement at any time for (a) non-payment of our fees and expenses, (b) failure to replenish advance payment amounts, or (c) in any other context permitted under the applicable Rules of Professional Conduct governing attorneys. If the engagement is terminated by either party, you will be responsible for paying our fees and expenses through both the date of termination and during the additional period while we are making other reasonable arrangements that you specify, such as transferring the matter to successor counsel. If you terminate this engagement before we complete the services identified in Section 3 above, Axenfeld Law will charge for legal services based on an hourly rate of $300/hour — not to exceed the flat fees listed above per trademark search and/or per trademark application.
10. No Guaranty. While we strive to provide the highest-quality legal services, Axenfeld Law cannot guarantee the outcome of any matter. The obligation to pay Axenfeld Law is not contingent upon the results of our representation, and there are no refunds for services performed. Nothing in this Agreement and nothing in Axenfeld Law’s statements to you will be construed as a promise or guarantee about the outcome of your underlying matter. Axenfeld Law’s makes no such promises or guarantees. Axenfeld Law’s comments about the outcome of your matters are expressions of opinion only, based upon our experience. Further, you understand that matters before the USPTO are an administrative process, which may end in denial of registration of your trademark application(s) by the USPTO; or your trademark application may be opposed by a third party. You also understand that trademarks require maintenance. Maintenance and reminders of maintenance deadlines will not be handled by Axenfeld law under this agreement, and our representation of you under this Agreement will end after your trademark application registers, except if terminated earlier per Section 9 above.
11. Governing Law/Jurisdiction. This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. If any dispute arises, the action will be heard in Philadelphia, Pennsylvania.
12. Severance. 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 remain in effect.
13. Electronic Signature Consent & Counterparts. The parties may execute this Agreement by electronic means and in electronic counterparts. By signing below, you consent to the use of your electronic signature in lieu of an original signature on paper.
As stated in the above Engagement Agreement, Axenfeld Law Group will first perform a conflict check. So although you have signed and will send payment, you understand that the Engagement Agreement is not in effect, and that no attorney-client relationship exists, unless and until the conflict check is completed, and an executed counterpart of the Engagement Agreement is sent to you from Axenfeld Law Group, LLC. If Axenfeld Law cannot represent you due to a potential conflict-of-interest you will receive a full refund of the amount you paid, and notification from Axenfeld Law Group, LLC that it can’t represent you.
WHEREFORE, AS THE CLIENT I HEREBY ACKNOWLEDGE AND AGREE BY MY SIGNATURE BELOW THAT I HAVE READ AND UNDERSTAND THIS ENGAGEMENT AGREEMENT.
