Terms and Conditions
The communication and contents of this site are for informational purposes only. The information found throughout this website is not legal advice and does not intend to substitute obtaining legal advice from a qualified attorney. Before acting upon any information available on this site, it is strongly advised that you seek the qualified counsel of a licensed attorney.
This website and any communication such as emails or messages originating from this website is not intended as a solicitation and does not create an attorney-client relationship. Messages sent and organized through this site and via the email should not be presumed to be confidential. Though we take such communications seriously and encourage such communication, an attorney-client relationship will not be created unless there is a subsequent agreement reached by both parties.
With the client's purchase of the attorney's services, the client agrees to retain Attorney Amanda Hayes of ideasPLUS LLC for representation pertaining to the registration of the proposed mark(s). Attorney and Client agree that under the Trademark Package, Client will be charged the agreed upon amount upon the signing of this Agreement for Attorney’s work on ONE mark in ONE class. Any additional mark is an additional Attorney’s fee under the Trademark Package. Client also agrees to provide Attorney with the United States Patent and Trademark Office (USPTO) filing fees to be due when Client is ready to file.
Under the 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 50% of the paid fee 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. The initial flat fee does not include Attorney’s response to office actions. If any office actions arise, Attorney will inform Client and provide a quote to respond to the 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.
If client chooses to purchase additional personalized documents for post-filing trademark protection, please be advised that these documents are merely suggested frameworks to draft and are incomplete. It is strongly advised that Client seeks counsel before using either document. If Client has purchased the appropriate trademark monitoring services, Attorney agrees to monitor Client’s trademark for one year to begin on the federal trademark application date. Attorney will be responsible for periodically checking government databases and conducting common law searches via the Internet and social media. Attorney will promptly notify client of any potential infringements or any other concerns Attorney reasonably believes Client should be aware of. Attorney is only responsible for informing Client and Attorney has no contractual responsibility to take further action outside the terms already agreed upon by Attorney and Client.
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 will be billed at an hourly rate of $200 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.
If you have any questions regarding this Fee Agreement, please email email@example.com.