Terms of Engagement Agreement

  1. THE PARTIES / EFFECTIVE DATE.This Agreement is made between Major-Morris Law(“Attorney”) and Client (“Client”) and is effective as of the date of signing by Client.
  2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT.The Legal Services to be provided by Attorney to Client are the completion of a comprehensive trademark search, the rendering of an opinion based on the search results, client consultations related to the trademark application, preparation and filing of Client’s trademark application, tracking Client’s trademark application once filed, and responding to non-substantive Office Actions issued by the United States Patent and Trademark Office (“USPTO”).  Non-substantive Office Actions are those which require thirty (30) minutes of time or less to answer (“Legal Services”).  All additional services are at an additional charge, unless purchased under the Package selected by Client, with additional terms and conditions included in the long-form retainer.  Client’s timely responses to Attorney’s inquiries and compliance with the USPTO’s payment deadlines are required for Attorney’s performance under this agreement.  Client understands this is an application process which could result in denial of the Client’s trademark.
  3. FEE.The Flat Fee for the Legal Services agreed to by the Attorney and Client will depend on which “Package” has been selected by Client.  The Flat Fee is earned when Attorney emails the trademark search report and trademark application draft to the Client for review. Client may be entitled to a partial refund if the Client terminates this agreement prior to being sent the application draft; otherwise, all legal fees are non-refundable and fully earned after legal services are rendered.  Client is responsible for paying the USPTO or Copyright Office filing fee (through the firm’s trust account payment link to be sent separately) for the trademark or copyright application to be filed. 
  4. EXTRA FEE TRIGGERS: If Client is filing “Intent-to-Use” application, the USPTO will require a Statement of Use filing fee (currently $100 and subject to change per USPTO’s rules)  and Attorney will require an additional legal service fee of $150 to update Client’s application when the USPTO issues a Notice of Allowance in approximately six months.  Office Actions requiring legal arguments and Trademark Trial & Appeal Board proceedings are not included in this retainer. The USPTO’s fees for extension requests (for missed deadlines) or failure to meet TEAS application requirements will be the Client’s responsibility, if applicable. 
  5. COSTS AND EXPENSES.Filing fees are paid to the United States Patent & Trademark Office and are in addition to the Package Fee which covers legal service fees only. The USPTO fee schedule is subject to change and the current rates are $225 or $275 per trademark classification.
  6. TERMINATION. Either party may terminate the engagement at any time upon reasonable notice to the other, and Client’s unused filing fee(s) will be refundable upon termination where applicable. 
  7. NO GUARANTY.  Major-Morris Law nor its representatives have promised or guaranteed about the outcome of Client’s matter.  Payments to Major-Morris Law are not contingent upon the results, and legal service fees are non-refundable.  Trademark applications may be refused by the USPTO, opposed by third parties, or abandoned for Client’s failure to provide timely information. 
  8. 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. 
  9. FORM OF SIGNATURES.This agreement may be executed by the parties by electronic means and in electronic counterparts.

Client acknowledges that Client has fully read and understood Agreement and has received a copy. By signing Agreement, Client hereby agrees to the terms and conditions set forth herein.