1. Parties. This Agreement is made between Vesha Law Firm, LLC (“Attorney”) and you (“Client”). If Client is not an individual, the undersigned warrants that he or she has the proper authorization to enter into this Agreement on behalf of the company, partnership or other legal entity. This Agreement shall be effective once this Agreement is signed and payment is fully rendered.
2. Attorney Services and Duties. Client has chosen the "Development" package; Attorney will provide the following Services (“Attorney Services”):
Provide to Client a total of two (2) hours of pre-search consultation(s) in order to develop a viable trademark; a third hour reserved for direct-hit searches (no reports provided); conduct comprehensive state, federal and common law search with results report and legal opinion from Attorney; post-search consultation with Attorney for up to thirty (30) minutes; and if Client wishes to continue to registration after the comprehensive search, complete preparation and filing of the application with the United States Patent and Trademark Office (USPTO); tracking of Client’s application after filing, and responding to non-substantive USPTO Office Actions; and, monitoring of the trademark for the first year after registration (with quarterly reports to Client).
Attorney promises to perform the service chosen by Client, keep Client informed of progress and developments in a timely manner, and to respond to Client’s inquiries and other communications.
3. Acceptance or Rejection of Application. Client understands that Attorney cannot provide a 100% guarantee of a successful registration because acceptance or denial of all trademark applications are determined solely by the USPTO.
4. Attorney Fees. The Flat Fee for the Attorney is $890 for the Development Package, as discussed in Section 2, above. Pursuant to the Ohio Rules of Professional Conduct, Client’s flat fee payment will be considered earned upon receipt, and will be deposited into Attorney’s operating account. However, Attorney reserves the right, without waiving this Agreement, to provide a full or partial refund to Client should representation terminate prior to the completion of the Attorney Services.
5. Other Costs. Client understands that the United State’s Patent and Trademark Office’s filing fees (ranging from $275 to $325 per class) are not included as part of this Agreement. When applicable, Client agrees to pay these filing fee costs in addition to the Attorney Fees in Section 4 above.
6. Client Duties. In addition to Section 5: Other Costs, Client promises to cooperate with Attorney throughout this process, including the following: provide necessary statements and declarations, keep all contact information (such as mail and e-mail addresses and phone number) current with Attorney’s records, promptly pay fees and costs, and be available as requested or as scheduled.
7. Records Retention Policy. Attorney will close Client’s file at the conclusion of representation, and upon request, return to Client any original documents or other property Client provided to Attorney in connection with this matter. For various reasons, including the minimization of unnecessary storage expenses, Attorney reserves the right to destroy or otherwise dispose of any documentation, work product, or other materials retained by Attorney, without further notice to Client, after the close of the matter in accordance with Attorney’s record retention policy.
8. Termination of Agreement. Either Party may terminate this Agreement at any time and for any reason. In the event of termination, Client shall be responsible for any services rendered or expenses incurred prior to the termination.
9. Assignments. This Agreement shall not be assigned by either party without the consent of the other party.
10. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreements, representations and understandings of the parties, written or oral. Should any provision of this Agreement is held to be unenforceable, either in whole or in part, the remainder of that provision as well as the Agreement will be severable and will remain in effect.
11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws. Each party agrees to personal jurisdiction in any action brought in any court, Federal or State, within the County of Franklin, State of Ohio having subject matter jurisdiction over the matters arising under this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall only be instituted in the County of Franklin, State of Ohio. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.
12. Signatures. This Agreement may be executed in electronic counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.