Trademark Office Action Insurance

Overview

What: Office Action Insurance provides clients with a way to insure against the possible cost of answering an Office Action.

Why: Office Actions come in different shapes and sizes. Invariably, they require additional work (and therefore fees) to answer. Some Office Actions may take less than 30 minutes, but others can take 10 hours or more to respond to.

Who: Office Action insurance is for anyone filing a trademark with the USPTO. There is always a chance that your trademark will receive an office action. The more detailed the search report you purchase the better idea you’ll often have as to whether your trademark application is likely to receive an Office Action.

When: Office Action insurance is available for purchase up until the time an application is filed.

But…what if the response is not successful? We have been responding to Office Actions for a long time, using state of the art software along with our legal training, and we have had considerable success when responding to Office Actions. However, no matter how good our arguments are, we cannot guarantee a favorable outcome. The good news is that your financial risk is much lower with your purchase of the Office Action insurance.

Terms and Conditions

PARTIES. This Terms of Service (“Agreement”) constitutes a legal contract between you (“Client” or “you”) and CARBON LAW GROUP, P.C. (“Firm”, “we”, or “us”). We encourage you to review this Agreement with your regular attorney(s) before you sign.
SCOPE. If you have selected us to represent you in connection with our Office Action Insurance Subscription Plan (“Plan”). For the monthly Plan fee, Firm agrees to respond to any Office Action you may receive related to your trademark application.

2.1 We will ask you for your written consent prior to providing any Additional Services (as defined below) outside the defined services offered in each Plan;

2.2 The Firm’s 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.

PAYMENT AND PAID SUBSCRIPTION. You may subscribe to the Plans by paying the monthly subscription fee. When you register for a subscription, you will begin receiving services under the selected Plan beginning the next business day. The Firm retains sole discretion to review any payments or subscriptions and to deny any subscriptions. You consent to have your credit card on file billed automatically on a monthly basis during the term of your selected Plan.
CLIENT’S PAYMENT OBLIGATION. If applicable and subject to your written consent for Additional Services beyond the Scope of Representation, you agree to pay additional deposits after the monthly payment within three days of the Firm’s written request. Should you neglect to or fail to remit any additional deposit within three days of our request, you agree and understand that we will not be responsible for completing any additional work for you until you remit the requested funds to us.

ADDITIONAL COSTS AND FEES. All Additional Services outside the Scope of Representation shall be subject to our then-current hourly billing rates. Firm will inform Client of any additional fees before the Firm begins work on matters outside the scope of this Agreement.
RECEIPTS. The Firm will send you a payment receipt each month for payments made toward the paid subscription. You are expected to review all such receipts and notify us immediately if there are any issues.
DISCLAIMER OF GUARANTEE AND ESTIMATES. We cannot promise or guarantee any outcome under the services provided. Any comments we make about the outcome of a matter are expressions of opinion only and do not necessarily reflect the view of the Firm.

7.1. Client understands that filing a federal trademark application is a process with the United States government that could ultimately result in a denial of the client’s application for reasons outside the Firm’s control. Client agrees to hold the Firm harmless for any such rejection by the United States government.

ENTIRE AGREEMENT. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding upon the Firm and the Client. This Agreement contains the entire agreement between you and us.
SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable, the remainder of that provision and of the Agreement will remain in effect.
EFFECTIVE DATE. This Agreement will be effective and enforceable on the date you sign this Agreement and pay the initial Plan fee (Section 3). We will have no obligation to provide legal services until we receive a signed copy of this Agreement and you submit payment to create a paid subscription. This Agreement will govern the Scope of Representation performed by us on your behalf. Even if the Agreement does not take effect, you will be obligated to pay the Firm for the reasonable value of any services the Firm performed for you.
TERM AND TERMINATION. The minimum subscription period for both Plans is 6 months from the date of the initial subscription (“Minimum Subscription Period”). Please note that if you cancel your payment or subscription, or terminate this Agreement for whatever reason, before the end of the then-current month, we will not refund any subscription fees already paid to us. The Firm may terminate this Agreement or suspend your access to the Plans at any time, based on its sole discretion, including in the event of your actual or suspected unauthorized use or abuse of the Plans or non-compliance with this Agreement. If you or the Firm terminates this Agreement, or if the Firm suspends your access to the Plans, you agree that the Firm shall have no liability or responsibility to you and that the Firm shall not refund any amounts you have already paid, to the fullest extent permitted under applicable law. Upon terminating this Agreement, we will, upon your written request, deliver your files and property in the Firm’s possession.
CLIENT’S GENERAL DUTIES. Client agrees to be truthful with Firm’s attorneys, to cooperate, to keep attorneys informed of any information or developments which may come to Client’s attention, to abide by this Agreement, to pay attorneys’ bills on time, and to keep the Firm advised of any changes to Client’s email address, physical mailing address, telephone number, and whereabouts. Client will assist attorneys in providing necessary information required to adequately represent Client.
RESPONSIVENESS. Because much of our correspondence to you is time-sensitive, you agree to respond, either by telephone or email, to our requests for information in a timely manner, ideally within 48 hours.