1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Bales & Bales, P.A. ("Attorney") and You ("Client") and is effective as of the date of signing by client and receipt of payment by attorney. There is no engagement until payment is received.
2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client are the completion of a comprehensive federal, state and common law trademark search, drafting of an opinion letter based on the search results, consultation time of up to thirty (30) minutes regarding the search results, 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 of Attorney's normal hourly rate. Client will cooperate with Attorney, be available as requested, provide necessary declarations, promptly pay all fees and costs, and keep Attorney informed of any changes in contact information such as address, telephone etc. Client understands this is an application process which could result in denial of the Client’s trademark. Attorney does not guarantee any results.
3. FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $3,500.00 USD (the “Flat Fee”). The rules of professional conduct for attorneys in the State of Florida in the United States of America require that unearned clients fees advanced by clients to attorneys be kept in a separate "trust' account until the fees are earned and/or the representation terminated by either party. This is because funds held in a trust account are generally protected from a law firm's creditors and cannot be spent until earned. For these reasons funds held in a trust account are more readily available to be refunded to clients. However, clients may waive this requirement. Due to the small nature of the Flat Fee and the administrative issues involved with moving the money between accounts, You hereby waive the requirement and allow the funds to be deposited into Attorney's operating account. By waiving this requirement the Flat Fee becomes property of Attorney upon receipt. The Legal Services are completed and the Flat Fee is earned when Attorney provides the trademark search report and completed trademark application to Client with filing instructions. Client may be entitled to partial refund if the Client terminates this Agreement prior to the completion of Attorney completing the Legal Services.
4. COSTS AND EXPENSES. Government fees are included in 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. 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.
7. ENTIRE AGREEMENT / SEVERABILITY. 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.
8. FORM OF SIGNATURES. This Agreement may be executed by the parties in electronic counterparts.