1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Malescu Law, PA (“Attorney”) and You (“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 federal trademark search, preparation and filing of Client’s trademark application, tracking Client’s trademark application once filed, and responding to any Office Actions issued by the USPTO which require thirty (30) minutes of time or less to answer (“Legal Services”). All additional services are at an additional charge. Attorney will perform the Legal Services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. Client will cooperate with Attorney, be available as requested, provide necessary declarations, promptly pay all fees and costs, and keep Attorney informed of client’s whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times. Client understands this is an application process which could result in denial of the Client’s trademark application.
3. FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $1000.00 USD (the “Flat Fee”) and includes one mark in one class. The fee for each additional mark or class is $500 (“Additional Mark or Class Fee”). The Flat Fee and Additional Mark or Class Fee are non-refundable. No other services are included in this contract and if any additional services are requested, they will be billed at our regular hourly rate of $400 per hour.
4. COSTS AND EXPENSES. Government fees are in addition to the above stated legal fees. The US Government fee is either $225 or $275 per international class for trademark application filings.
5. WORK PRODUCT: The writings, notes, memoranda, reports of conversations, research and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege.
6. NO GUARANTEE OF OUTCOME. We cannot guarantee any particular outcome and have not advised or provided you an opinion about the likelihood of success. Moreover, all fees are due regardless of the outcome.
7. TERMINATION: As is appropriate in any professional relationship, You may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well. In the event that our representation is terminated, You agree to pay all bills thereafter rendered covering expenses incurred prior to the termination.
8. ENTIRE AGREEMENT / SEVERABILITY. This Agreement is governed by the laws of the State of Florida. 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. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, 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.
9. FORM OF SIGNATURES. This agreement may be executed by the parties in electronic counterparts.