3TM Law Trademark Retainer Agreement

(Scope of Work)

1. PARTIES.  This Agreement is made between 3TM Law, PLLC. (“ATTORNEY”) and You (“Client”) and is effective as of the date of signing by Client for legal representation in the following scope: 

1. SCOPE OF LEGAL REPRESENTATION. The legal services to be provided by ATTORNEY to CLIENT are the completion of a USPTO federal trademark search, consultation time of up to thirty (30) minutes, preparation and filing of CLIENT's trademark application(s), tracking CLIENT’s trademark application once filed, and responding to any Office Actions issued by the USPTO which require thirty (30) minutes or less of time to complete (“TM Legal Services”).  

ATTORNEY will perform the TM 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 at all times keep ATTORNEY informed of CLIENT's whereabouts and current street address, telephone number(s), fax number, and e-mail address. CLIENT understands this is an application process which may result in denial of the CLIENT’s trademark.  All additional legal services ATTORNEY agrees to perform under this Agreement shall incur an additional charge and will only be performed after CLIENT has paid for such legal services.

1. ATTORNEY’S FEE’S.  CLIENT understands and agrees that the fee paid to ATTORNEY for the TM Legal Services is on a flat fee basis. This flat fee is earned-on-receipt and will not be deposited into the ATTORNEY’s client trust account. Though representation may continue under the scope of this agreement, the entire flat fee paid to ATTORNEY will be earned-on-receipt and the scope of legal representation for the flat fee is specifically for the TM Legal Services.  

A. CLIENT understands that multiple trademark applications purchased in a single transaction may be discounted on a per trademark application basis.  (For example, the following standard fees apply for each single transaction:  If CLIENT purchases one (“1”) trademark application in a single transaction the standard flat fee is $999 per trademark application. If CLIENT purchases two (“2”) trademark applications in a single transaction, the standard flat fee is $899 per trademark application, a $100 discount is applied to each trademark application.  If CLIENT purchases three (“3”) trademark applications in a single transaction, the standard flat fee is $799 per trademark application, a $200 discount is applied to each trademark application.) CLIENT understands and agrees that ATTORNEY, at ATTORNEY’s sole discretion, may offer various pricing promotions, discounts, and pricing adjustments, and this agreement may include such pricing promotions, discounts, and pricing adjustments.  

1. ADDITIONAL LEGAL SERVICES.  CLIENT understands and agrees ATTORNEY charges additional fees for additional legal services not included in the TM Legal Services, for example, further representation in responding to Office Actions (e.g., Office Actions that require more than thirty (30) minutes of time) have a current standard flat fee rate of $1,500, new or additional trademark applications at the Flat Fees listed above, and any legal services performed on an hourly billable rate of $450/hour (e.g., negotiating with opposing parties/counsel for cease-and-desist letters). 

1. FUTURE FEE’S.  ATTORNEY reserves the right to change any pricing/rates enumerated in this Agreement, for any legal services added in the future more than twelve (12) months from the date this Agreement was executed.

1. DISCLAIMER.  CLIENT understands and agrees this is an application process which may result in denial of the CLIENT’s trademark. CLIENT understands and agrees that there are no guarantees in the success of obtaining a federal trademark registration, despite ATTORNEY'S reasonable efforts. CLIENT understands and agrees that CLIENT is not entitled to any refund in the event any such rejection or other adverse decision or action.  NO GUARANTEES HAVE BEEN MADE AS TO THE FINAL OUTCOME IN ANY LEGAL SERVICES PERFORMED BY ATTORNEY FOR CLIENT UNDER THIS AGREEMENT. Further, CLIENT has read and agrees to all additional Terms of Service.   

1.  VII.COSTS AND EXPENSES.  Government fees are in addition to the above stated legal fees. The US Government application fee is either $250 or $350 per international class for trademark application filings.  CLIENT understands and agrees to pay for all actual out-of-pocket costs and expenses the ATTORNEY incurs on CLIENT’s behalf.  CLIENT understands and agrees that payment for all services rendered under this Agreement may be processed in either of the following ways: (1) CLIENT authorizes ATTORNEY to request and utilize CLIENT’s credit card information to make payment of the government filing fees on CLIENT’s behalf for the TM Legal Services or subsequent government fees required by the USPTO relating to the trademark application (e.g., statement of use fees, extension fees, etc.), or (2) invoiced and paid to ATTORNEY and which may incur an additional processing fee of 10% of the total amount.  

1.  VIII.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.

1. TERMINATION. CLIENT understands that either party may terminate the representation at any time, subject to ATTORNEY obligations under the Rules of Professional Conduct and the approval of the court if the matter is in litigation.  

Unless previously terminated, ATTORNEY representation will terminate upon completion of the legal services described in this agreement. CLIENT understands ATTORNEY has no continuing obligation to represent CLIENT unless CLIENT retains ATTORNEY to provide additional advice or legal services.

CLIENT understands and agrees that if the CLIENT terminates the representation before the ATTORNEY has provided all legal services described in this agreement, the CLIENT may be entitled to a refund of all or part of the flat fee based on the value of the legal services performed prior to termination.  CLIENT understands and agrees that upon conclusion of a 30-minute consultation, CLIENT is only entitled to a refund of half (50%) of the total flat fee paid. The CLIENT understands and agrees that termination of the Agreement will not discharge the CLIENT’s obligation to pay fees, costs, and expenses incurred before termination and those fees and costs incurred thereafter in any transition activities performed by the ATTORNEY. 

CLIENT understands and agrees at the end of the representation, ATTORNEY may turn over a hard copy or electronic version of the file to the CLIENT upon written request (letter or email), if such request is made within thirty (30) days of termination of representation. The CLIENT understands and agrees the if the CLIENT does not want the file, the CLIENT agrees the CLIENT file may be destroyed in accordance with our document retention policy. Currently, it is our policy to destroy files five years after the termination of the representation. 

1. POTENTIAL CONFLICTS OF INTEREST.  CLIENT is aware ATTORNEY represents many other companies and individuals, particularly in discussing, preparing and filing trademark applications of the other companies and individuals. It is possible that some of our existing or future other clients will have disputes with CLIENT or engage in transactions with CLIENT during the time that the ATTORNEY is representing CLIENT.  Also, CLIENT agrees that, without further notice to CLIENT, the ATTORNEY may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not the same as, or substantially related to, any matter in which we represent the CLIENT, even if the general overall business interests of the other clients in those other matters are adverse to the CLIENT.  Under no circumstances will ATTORNEY, in the course of representing any other client, use or disclose any confidential, non-public information that ATTORNEY obtained as a result of or representation of CLIENT. ATTORNEY is presently unaware of any actual or prospective conflicts of interest that would preclude us from providing the TM Legal Services. However, this belief is predicated exclusively upon our current state of knowledge.  Should the ATTORNEY subsequently come to believe that a conflict exists or has developed; ATTORNEY reserves its right to withdraw from the representation consistent with ATTORNEY’s obligations under applicable jurisdictional law and rules, including the Utah Rules of Professional Conduct.  At this time, CLIENT understands and agrees that ATTORNY represents many other companies and individuals.  As such, CLIENT understands and agrees to knowingly and willingly consent to waiver of any known or unknown conflicts of interests.  Client understand and agrees that the CLIENT has a right to revoke the waiver of any known or unknown conflict of interest. 

1. DISPUTE.  CLIENT understands and agrees that if a dispute arises between the CLIENT and the ATTORNEY regarding our fees, the parties agree to resolve that dispute through the Utah State Bar’s Fee Dispute Program.  Either party may initiate fee arbitration by contacting the Utah State Bar’s Fee Dispute Program Coordinator at [email protected].

The CLIENT understands and agrees that the ATTORNEY has provided NO ADVICE REGARDING THIS FEE AGREEMENT.  The CLIENT understands and agrees that the ATTORNEY is not acting as counsel for the CLIENT with respect to this agreement. The CLIENT understands and agrees that if the CLIENT wished to be advised on whether the CLIENT should enter into this agreement, the ATTORNEY recommends the CLIENT consult with independent counsel of the CLIENT’s choice. Accordingly, ATTORNEY recommends that CLIENT review this Agreement with independent counsel other than ATTORNEY.  After review of this Agreement, if this Agreement is acceptable to you, please acknowledge your receipt, understanding and acceptance of the terms and conditions hereof by signing this Agreement as indicated below.

1.  XII.ACKNOWLEDGEMENT / FORM OF SIGNATURES. Prior to entering this Agreement, CLIENT agrees they have read and understood this Agreement. CLIENT has the right to have this Agreement reviewed by other counsel in order to advise CLIENT if it is in its best interest. This Agreement may be executed by ATTORNEY and by CLIENT in electronic counterparts.  By electronic signing, which includes any clickwrap, click through or other electronic method, you agree to be bound by the terms and conditions of the 3TM Law Trademark Retainer Agreement. 

_________________        

JUSTIN JOHANSON

Registered Patent & Trademark Attorney     

3TM Law, PLLC