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 its principal 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, we will promptly notify you of the conflict.
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 prepare and file a response to the Office Action issued by the United States Patent & Trademark Office (“USPTO”). Axenfeld Law will respond to each statutory refusals and/or requirements identified in the Office Action, and attempt to place your application in condition for approval for publication for opposition or registration on the Supplemental Register (if applicable to your situation). Axenfeld Law may conduct a telephone interview with the Examining Attorney for the USPTO in an attempt to resolve all outstanding issues raised in the Office Action. We will also confer with you for up to thirty (30) minutes regarding the Office Action, and strategy.
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. Axenfeld Law will first confirm in writing whether it agrees to perform the additional legal services, and may require an additional advanced-fee retainer.
5. Legal Fees. Our estimated legal fee for performing the services associated responding to your Office Action will be emailed to you after we’ve had a chance to review the Office Action, and your trademark application file. The estimated fee will be based on the complexity and quantity of issues raised by the Examining Attorney in the Office Action. Our estimated fee will be fixed. Our fee must be paid before we perform work on your matter. Upon receipt, your fee will be deposited in Axenfeld Law’s Pennsylvania Interest on Lawyers Trust Account (“IOLTA”). If after you make the full payment, the legal services in Section 3 are not fully rendered, you may be entitled to a refund of all or a portion of the deposited fee. For instance, Axenfeld Law will return to you any unearned portion of the fee if the legal services detailed in Section 3 are not fully provided. You agree that all the legal fees are fully earned after Axenfeld Law prepares and files a response to the Office Action with the USPTO. You understand that all legal fees are non-refundable and fully earned after legal services are rendered. Further, you are solely responsible for all out-of-pocket expenses associated with responding to the Office Action, such as USPTO fees (if any).
6. USPTO Fees. The USPTO sometimes requires payment of fees, which are in addition to the legal fees recited in Section 5 above. You are responsible for paying the USPTO fee before we file a response to the Office Action with the USPTO. You also understand that USPTO may increase its fees from time-to-time, and if there is an increase you are responsible for paying the increased USPTO fee.
7. 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 7 may cause Axenfeld Law to terminate our representation of you.
8. 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, or otherwise authorized by you, Axenfeld Law may charge for legal services based on an hourly rate of $300/hour — not to exceed the fixed fee listed in our email to you.
9. 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 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.
10. 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.
11. 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.
12. Entire agreement. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.
13. Electronic Signature Consent & Counterparts. The parties may execute this Agreement by electronic means and in electronic counterparts.
As stated above, Axenfeld Law Group will first perform a conflict check. If there is a conflict, we will notify you that Axenfeld Law Group, LLC can’t represent you. If Axenfeld Law Group can represent you, we will email you a fixed-fee estimate with a link to pay the estimated fee by credit card. If you are in agreement with estimate, and desire for Axenfeld Law to prepare a response to the Office Action, you will be able to pay the fixed-fee, in full, through a link in the email. After the estimated fixed-fee is paid in advance, Axenfeld Law will send you an executed counterpart of this Engagement Agreement, and begin legal services. So although you have signed the above Engagement Agreement, you understand that the Engagement Agreement is not in effect, and that no attorney-client relationship exists, unless and until our conflict check is completed, payment is received for the estimated-fee in our email, and a signed counterpart of the above Engagement Agreement is sent to you from Axenfeld Law Group, LLC.
WHEREFORE, AS THE CLIENT I HEREBY ACKNOWLEDGE AND AGREE BY MY SIGNATURE BELOW THAT I HAVE READ AND UNDERSTAND THIS ENGAGEMENT AGREEMENT.
By signing below, you consent to the use of your electronic signature in lieu of an original signature on paper.
