Statement of Use or Extension Request
This is an option for intent-to-use trademark applications.
Within six months after filing an intent-to-use trademark application, you must prove you are using your mark in commerce or you must request a six-month extension. An attorney will prepare and file a Statement of Use form proving your use of the mark in commerce or an attorney will file a request with the USPTO for a six-month extension. The extension will allow you an additional six months to file a Statement of Use form to prove your use of your mark in commerce. The USPTO allows you to file a maximum of four six-month extensions.
The client retains Attorney Amanda Hayes of ideasPLUS LLC for representation pertaining to the filing of the Statement of Use or Request for Extension. Attorney and Client agree that under the Statement of Use or Request for Extension Package, Client will be charged $75 upon the signing of this Agreement for Attorney’s work on ONE mark in ONE class. Any additional mark is a $75 Attorney’s fee. Any additional class for one mark is an additional $25 Attorney’s fee. Client also agrees to provide Attorney with the United States Patent and Trademark Office (USPTO) filing fee of $100 for a Statement of Use or $125 for a Request for Extension for one mark under one class to be due when Client is ready to file. Each additional mark or class incurs an additional USPTO filing fee of $100 for a Statement of Use or $125 for a Request for Extension per mark or class. These fees are subject to change.
Under the Statement of Use or Request for Extension Package, Attorney is responsible for preparing and electronically filing either a Statement of Use document or a Request for Extension per Client’s request regarding the registered mark(s). When Client is ready and has provided the necessary USPTO filing fees, Attorney will prepare and electronically file a federal trademark application for one mark in one international class unless Attorney and Client have agreed to additional marks or classes and the appropriate Attorney and filing fees have been exchanged.
Client agrees to provide Attorney with all documents and information at Attorney’s request that is reasonably required for Attorney to provide adequate representation. If Client refuses to cooperate or fails to provide requested documents and information, Attorney reserves the right to withdraw from representation.
After submitting the Statement of Use or Request for Extension document(s), Attorney will immediately supply Client with a submission confirmation. Attorney further agrees to keep Client informed of any updates or issues with the application. Attorney will provide Client full access to any records or documents associated with Client’s mark, including any actions the USPTO takes regarding Client’s mark(s). Any additional filings regarding Client’s mark(s) will be Client’s responsibility unless Client retains Attorney for such filings evidenced by a signed writing.
The policy for retaining Client’s documents and materials related to Attorney’s representation of Client is to keep such records for 12 years to begin at the conclusion of the representation. After which any and all records may be destroyed without notice to the Client. Client may request any records from Attorney during or after the period of Attorney’s representation up until 12 years after the conclusion of Attorney’s representation.
Client acknowledges that Attorney cannot guarantee the successful registration of Client’s mark(s) but Attorney can only perform to the best of its ability. Any correspondence between Attorney and Client will be through email or a secure portal. It is Client’s responsibility to update Attorney of any change in Client’s email address. Client also agrees to provide Attorney with truthful and accurate information and inform Attorney of any changes regarding Client’s mark(s). If Client fails to do so, Attorney may withdraw from representation.
Client agrees that any additional services requested by the Client not offered on the ideasPLUS website – not including non-substantive office actions – will be billed at an hourly rate of $100 plus expenses. The bill for hourly payments and expenses will be provided monthly and due in 30 days upon receipt. To keep costs low to clients and to ensure speedy representation, all sales are final. Any disputes arising from this Agreement shall be governed by the law of the Commonwealth of Massachusetts and shall take place in Springfield, MA.
Attorney may choose not to represent Client due to a conflict of interest. In the event that Attorney discovers a conflict of interest, Attorney may withdraw from representation and Client’s money will be refunded in full.
Furthermore, Client gives its informed consent after Attorney has proposed the course of conduct, has communicated adequate information, and has explained all material risks of and reasonable available alternatives to the proposed course of conduct.
It is advised that you seek independent counsel regarding this Agreement before signing.
If you have any questions regarding this Fee Agreement, please email email@example.com before signing this Agreement.