TERMS AND CONDITIONS & FAQ
1. PARTIES. Trademark Engagement and Fee Agreement (“Agreement”) constitutes a legal contract between the above-signed (“Client” or “You”) and CARBON LAW GROUP, APLC (“Attorney” or “Firm”). You are encouraged to have it reviewed by your regular attorney or business advisor before entering into this engagement. Our goal is to provide you with excellent legal services. While we cannot guarantee the outcome of any given matter, we do strive to represent your interests vigorously and effectively.
1(a). Services. Client is engaging firm to provide trademark services listed and agreed to by the parties in the quote sent by Firm to Client (“Services”).
2. CLIENT’S DUTIES. Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay Attorney’s bills on time, and to keep Attorney advised of Client’s address, telephone number, and whereabouts. Client will assist Attorney in providing necessary information and documents and will appear when necessary at legal proceedings.
3. CONDITIONS. This Agreement will not take effect, and Attorney will have no obligation to provide legal services, until Client returns a signed copy of this Agreement and pays the initial deposit/fee called for under Section 4 below.
4. COSTS AND FEES. Attorney and Client have agreed to a FLAT FEE billing arrangement. For the fee defined in section VII above (“Fee”), Attorney will provide the services listed under section VII accordingly on the cover page of this Agreement (“Services”). Payments can be made by credit card, check or wire transfers.
- FLAT FEE. Client agrees to pay Attorney the Fee upon the execution of this Agreement so that Attorney may begin providing legal services for Client.
- ADDITIONAL FEES. Responses to Office Actions, letters, or other matters not specifically mentioned in this Agreement are subject to additional fees at the then prevailing rates.
Notice: Client understands and agrees that Attorneys’ Fees are not contingent upon completion or success of the Services proposed, or any legal services(s) related to this Agreement. Client further understands that this is an application process with the United States government that could ultimately result in a denial of the client’s trademark application for reasons outside of attorneys’ control. Client also understands that the trademark search done by the Attorney cannot provide assurance for clearing all common law users if common law search is part of this Agreement. Client agrees to hold Attorney harmless for any such rejection by the United States government and any issues with common law users.
5. TAXES. Client acknowledges that Attorney does not provide tax advice and should not rely on any representations made by Firm with regard to tax matters.
6. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney may withdraw with Client’s consent or for good cause. Good cause includes Client’s breach of this Agreement, refusal to cooperate or to follow Attorney’s advice on a material matter, or any fact or circumstance that would render Attorney’s continuing representation unlawful or unethical. After services conclude, Attorney will, upon Client’s request, deliver Client’s file and property in Attorney’s possession whether or not Client has paid for all services.
7. ENTIRE AGREEMENT. This Agreement and the most recent quote for services contain 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.
8. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. 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.
9. EFFECTIVE DATE. This Agreement will be enforceable on the date in which Client provides full or partial payment for the Services. This Agreement will govern all legal services performed by Attorney on behalf of Client. Even if the Agreement does not take effect, Client will be obligated to pay Attorney for the reasonable value of any services Attorney may have performed for Client.
By providing payment for the Services, you are engaging Firm to provide you with the trademark service outlined in the agreed upon quote.
What is a Trademark?
Trademarks identify the source or origin of a product or service. For example, “Chanel” is the trademarked name of a clothing brand, while McDonald’s “Golden Arches” and NBC’s multi-colored peacock are trademarked logos representing those companies’ brands. Trademarks are how consumers identify your brand and can be worth billions of dollars if adequately protected. Consider for a moment the aforementioned Chanel®, McDonalds® & NBC® – you can be certain they have a team of lawyers registering and enforcing their trademarks on a daily basis.
How to get your trademark registered?
To trademark a name or symble, e.g., logo, that represents a product or service, you want to first confirm that it isn’t already being used by someone else. Assuming the name or symbol you have in mind is available, it’s now a matter of whether it qualifies based on two primary defining criteria: (1) how distinct your name is, and (2) whether it could be confused with another brand already in use. Here’s an example, let’s say you’ve come up with an incredible name for a new clothing line for athletes. First, you need to make certain the name is distinct and not merely a description of the product you want to trademark – for example: “RUN FAST SHOES.” Second, you need to be sure no one else in the marketplace is already using a similar name to identify their brand. When you are ready to start the trademark process we will conduct a comprehensive trademark search identifying marks that could prevent your registration or undermine your rights.
What if My Trademark Cannot be Registered?
Sadly, even with the best search, you may have an aggressive brand opposing your mark even if the USPTO finds it worthy of registration. Carbon Law Group’s attorneys can help you fight for your trademark against trademark bullies or help you find a new name that is less susceptible to an opposition. No matter what, we are here to support you along the way and help you secure and build the strongest brand possible.
What is Statement of Use?
A Statement of Use is a declaration filed after your initial trademark application showing use in interestate commerce. One of the primary requirements for trademark registration is that a mark is used in interstate commerce–meaning sales accross state lines. However, in contrast to other countries, the USPTO, has a special exception where trademark applicants can file under “intent to use” to preserve the rights to a name they are not currently using in commerce. There are, however, two caveats applicants must be aware of: (1) the filer has six months to use the mark from time the USPTO issues a “notice of allowance” (this time can be extended up to three years), and (2) there is a filing fee associated with filing the Statement of Use (or extension) (this fee depends on the number of classes in which you are using your mark).
What is Trademark Infringement?
Trademark infringement requires proving two main elements: (1) you have a valid trademark right, and (2) the unauthorized use of your trademark causes consumer confusion. Enforcing you trademark against possible infringements is critical to the preservation of your trademark registration. This means taking proactive steps to protect your trademark through sending a Cease and Desist letter or filing a lawsuit. A failure to protect your trademark registration may jeopardize your trademark rights.