The STANDARD Trademark Package
Shortly after submitting the online form, an attorney will contact you to discuss your mark. Afterward, the attorney will conduct an extensive search to discover if any similar marks currently exist. The attorney will then compose an opinion letter, analyzing the strength of the mark and the potential, foreseeable concerns the proposed mark may have, as well as provide any applicable suggestions. The attorney will also attach the search results, if applicable prepare and file a federal trademark application online with the USPTO and timely provide you with the submission confirmation.
After filing your application, the attorney will keep track of upcoming deadlines and keep you updated of any advances or changes. Additionally, the attorney will respond to any informal non-substantive office actions submitted by the assigned Examining Attorney. You will also have full access to all of this information through a secure portal.
The client retains Attorney Amanda Hayes of ideasPLUS LLC for representation pertaining to the registration of the proposed mark(s). Attorney and Client agree that under the Standard Trademark Package, Client will be charged $575 upon the signing of this Agreement for Attorney’s work on ONE mark in ONE class. Any additional mark is a $575 Attorney’s fee under the Standard Trademark Package. Any additional class for one mark is an additional $75 Attorney’s fee. Client also agrees to provide Attorney with the United States Patent and Trademark Office (USPTO) filing fee of $225 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 $225 per mark or class. These fees are subject to change.
Under the Standard Trademark Package, Attorney is responsible for conducting an extensive registrability search of United States federal and state databases along with additional searches via the Internet and social media. Attorney agrees to draft an opinion letter at the conclusion of the registrability search outlining the strength and weaknesses of the proposed 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.
In the event that Client does not wish to proceed with the trademark application for any reason, including potential infringement issues or an unfavorable opinion letter, ideasPLUS will refund Client $100 and the attorney-client relationship will cease upon Client’s receipt of the refund unless parties agree to otherwise in a signed writing.
After submitting the trademark application, Attorney will immediately supply Client with a submission confirmation. Attorney further agrees to conduct routine correspondence with the USPTO concerning Client’s application and to keep Client informed of any updates or issues with the application. Attorney further agrees to respond to non-substantive office actions on your behalf. The initial flat fee does not include Attorney’s response to substantive office actions. If any substantive office actions arise, Attorney will inform Client and provide a quote to respond to the substantive office action or advise Client to seek other counsel.
Attorney further agrees to manage applicable trademark deadlines to Client’s mark(s) and to keep Client informed of approaching deadlines. Attorney will also 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.
In the event that Client does not wish to proceed with the trademark application for any reason, including potential infringement issues or an unfavorable opinion letter, ideasPLUS will refund Client $150 and the attorney-client relationship will cease upon Client’s receipt of the refund unless parties agree to otherwise in a signed writing.