Advanced TM Filing

Engagement Agreement

1. PARTIES; EFFECTIVE DATE. This Engagement Agreement (this "Agreement") is made between Morsel Law PLC ("Attorney") and You ("Client"). The effective date shall be the date of the latest signed Agreement. This Agreement will not be fully executed unless and until written acceptance is confirmed via email to Client from Attorney.

2. SCOPE OF LEGAL SERVICES PROVIDED. This Agreement is for the purpose of Client hiring Attorney for the services defined as Trademark Search and Filing. Trademark Search and Filing is defined to include the following: The legal services provided by Attorney to Client will include a comprehensive trademark search for one mark, which involves searching the United States Patent and Trademark Office (“USPTO”) database, all fifty states’ trademark databases, common law trademark databases, and domain name databases; drafting an opinion letter based on these results; a phone consultation with Attorney for up to thirty (30) minutes to discuss the search results; drafting and filing Client’s trademark application for one international class of goods or services containing 1000 characters or less; monitoring Client’s trademark application; and responding to any non-substantive Office actions issued by the USPTO (“Legal Services”). All other services will incur an additional charge, including, but not limited to, the filing of an amendment to allege use or a statement of use for Section 1(b) intent to use applications. If Client’s initial search results in a negative opinion stating the mark is not registrable, Client is entitled to a refund of the portion of the fees attributable to the filing of the trademark applications. Client is responsible for any and all USPTO fees.

Non-substantive office actions are defined as office actions related to issues with the legal entity status or citizenship of the applicant, the identification of goods or services, improper specimens, or improper dates of use. Substantive office actions (which are not covered) include, but are not limited to, statutory prohibitions, such as refusals based on likelihood of confusion, mere descriptiveness or generic marks, misdescriptiveness, surnames, or scandalous marks.

Client understands that the Attorney does their best efforts in ensuring the application meets the USPTO requirements. But sometimes the USPTO disagrees with the Attorney’s take on disclaimers, descriptions, and specimens. If this occurs, Client understands the USPTO may require additional fees to cure the defects and Client is responsible for any and all fees requested by the USPTO.

Since to do so would be greatly difficult, the common law search is not guaranteed against all common law sources. Client may request for Attorney to add additional characters beyond the 1000-character limit and/or additional international classes to the application for an additional fee. Attorney will provide the Legal Services, respond promptly to Client's communications, and keep Client apprised of all developments with the Client's trademark application. Client understands that this is an application process, which could end in a denial of the Client's trademark by the USPTO. The Legal Services are provided on a "best efforts" basis and there is no guaranteed outcome. The Client also understands that registered trademarks require maintenance. All time estimates are based on averages. Client understands that each case is different and may require additional time for the Attorney to complete the service.

3. CLIENT’S PROMISE. Client agrees to work together with Attorney throughout this Agreement, to be available when requested by Attorney, provide needed declarations, pay all fees and costs associated with the application process, and keep Attorney aware of Client’s current contact information, including street address, telephone number(s), and email address at all times. Client’s failure to fulfill this promise, or any other promises within this Agreement, will lead to the termination of the Client-Attorney relationship by Attorney.

Client understands all reminders and/or updates to their trademarks will be sent by Attorney exclusively by email and/or phone. We will not contact you regarding your trademark status or reminders by mail. Client understands that failure to respond to the Attorney’s reminders and/or updates may result in either cancellation and/or abandonment of Client’s trademark with the USPTO.

Client further understands that Attorney does not recommend Client make large purchases and/or investments in their trademark until the trademark is approved by the USPTO. While Attorney will keep the Client updated as to the status of their application, sometimes these notifications are not immediate. Therefore, if at any time the Client would like to have a status update of its mark, it is the Client’s responsibility to contact the Attorney and request such status updates. Client understands and agrees that Attorney is not responsible for any and all investments made by the Client into their trademark.

4. LEGAL FEE. The fee associated with this Agreement of one thousand one hundred ninety-nine dollars ($1,199.00 USD) per trademark will be placed in an interest on lawyer’s trust account (IOLTA). Client may be entitled to a refund of all or a portion of the fee if the agreed upon Legal Services are not provided. Attorney will return to Client any unearned portion of the fee. Eight hundred forty-nine dollars ($849.00 USD) of the Legal Services are earned once the Client receives the legal opinion letter based on the search results. The remainder of the legal fee is considered completely earned once Attorney submits the trademark application for registration to the USPTO. Attorney may be entitled to partial payment should Client terminate the relationship prior to completion of the Legal Services. Client may request for Attorney to add additional international classes to the application for an additional fee of one-hundred fifty dollars ($150.00 USD) per international class containing less than 1000 characters plus the requisite Government fees associated with adding the international classes. Client may also request the Attorney to add additional description beyond the 1000-character limit for one-hundred dollars ($100.00 USD) per each additional 1000 characters plus the requisite Government fees associated with adding the characters. Please note that Legal Fees can change from time to time. Client understands that the Legal Fees associated with this agreement will expire once the services are rendered and the matter has completed.

On a case-by-case determination, Attorney may offer to client an expedited search option. The additional legal fee for the expedited search is four-hundred dollars ($400.00 USD) per trademark search. The expedited fee is considered earned once Client receives the opinion letter based on the search results. The turnaround time for the expedited search will be determined by the Attorney and communicated to the Client on a case-by-case basis.

5. GOVERNMENT FEES. Government fees are in addition to the above stated legal fees. Client shall pay the Government fees prior to application submittal or be responsible at a later date to complete processing of the application. For applications that exceed descriptions of 1000 characters, there will be additional Government fees that apply. Additionally, Section 1(b) intent to use applications there will be additional Government fees that apply. Finally, there may be additional fees that apply should the USPTO issue an Office Action. Client understands that Government fees are also subject to change and such changes are out of the control of Attorney. For a complete list of up-to-date government fees please see http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.

6. INFORMATION SUBMITTED TO USPTO AND/OR STATE TRADEMARK AGENCIES IS PUBLIC. Client understands that any and all information submitted to the USPTO and/or state trademark agencies is public information. Client does not have a right to privacy of said information. Client further understands that Attorney may make disclosures concerning the information submitted to the USPTO and/or state trademark agencies and this information is not privileged and/or confidential.

7. WARNING ABOUT SPAM. Client understands that because the information submitted to the USPTO is public, this may result in the Client receiving spam and advertisements related to their trademark that are considered scams. This can be done by mail, phone, text, and/or email. These solicitations almost always ask for personal or payment information. In the event you receive correspondence that is not from our law firm or from the USPTO, you should discard such soliciting letters/emails. If you are unsure whether what you received is spam, we encourage Client to reach out to Attorney to confirm. Client understands that Attorney is not responsible in the event Client engages with and/or submits payments to these companies. For more information on recognizing these common scams, you can visit the USPTO Website at https://www.uspto.gov/trademarks/protect/recognizing-common-scams.

8. ADMINISTRATIVE FEES. Any and all administrative costs are the Client’s responsibility and are in addition to the above stated legal fees.

9. TERMINATION. As it is in any professional relationship, Client has the right to terminate the lawyer-client relationship and discharge Attorney at any time during the duration of this Agreement. Attorney reserves the right to terminate this Agreement as well. If Client chooses to terminate this Agreement, Client must provide reasonable notice to Attorney and agrees to cover the expenses incurred prior to the termination, including but not limited to, payment for Attorney’s partially completed Legal Services. Should Client terminate the relationship, Attorney has the option to charge an hourly fee of four hundred dollars ($400.00 USD) per hour on the services provided prior to termination up to the flat fee rate.

10. TRADEMARK RENEWALS. Client understands that all trademark registrations require renewals to maintain registration. It is Client’s responsibility to maintain their trademarks. It is important Client understand it is their responsibility to docket these dates and failure to file these documents and to pay these requisite fees will end in the cancellation of your trademark and loss of your federal trademark rights. MAINTENANCE AND REMINDERS OF MAINTENANCE DEADLINES WILL NOT BE HANDLED BY THE ATTORNEY UNDER THIS AGREEMENT and Attorney is NOT responsible for reminding Client of these dates and we do not guarantee we will notify you of these dates.

11. SEVERANCE. In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.

12. COMPLETE AGREEMENT. This Agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this website or any services rendered by Attorney to Client. This Agreement contains the entire agreement of the parties. No other agreements, statements, or promises 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. CONFLICTS; CLIENT CONFIDENTIALITY. Representation by Attorney is contingent on Attorney’s conflict check of Client. After confirmation that no conflict exists Attorney will send Client the fully executed Agreement via email. All the notes, writings, reports, research, and communications related to this matter will be maintained in strict confidence and are protected under the provisions of the Attorney-Client privilege.

14. GOVERNING LAW. This agreement shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions.

15. JURISDICTION; VENUE. For all disputes arising out of this Agreement, Client irrevocably consents to the personal jurisdiction of the state and federal courts in and for Oakland County, Michigan, USA, and irrevocably waive any claim you may have that any proceedings brought in such courts have been brought in an inconvenient forum. Any suit regarding or relating to this Agreement may only be brought in the state or federal court in and for Oakland County, Michigan, USA, which are the exclusive venue for any such suit.

16. SIGNATURES. The parties may execute this Agreement by electronic means and in electronic counterparts.