|THOMAS L. DIFLOURE
|ATTORNEY AT LAW
|13952 Bora Bora Way, #317
|Tel. (310) 578-5141; Fax: (310) 733-5608
|Marina del Rey, CA 90292
ATTORNEY-CLIENT FEE AGREEMENT
This ATTORNEY-CLIENT FEE AGREEMENT ("Agreement") is entered into by and between You as an applicant for a United States Trademark on the one hand ("Client") and Thomas L. Difloure ("Attorney") on the other hand.
CONDITIONS. This Agreement shall be in effect as of the date set forth above, or on the date on which Attorney first provided services to Client.
SCOPE AND DUTIES. Client hires Attorney to provide legal services in connection with the filing of an application for a United States Trademark with the United States Patent and Trademark Office (USPTO) including the following: (a) A search of the subject mark(s) in the United States Patent and Trademark Office (USPTO) website, and through on-line search engines to determine if the proposed mark has already been registered by another party; (b) Create the goods and/or services specification for the subject mark(s) to file in the proper class; (c) File trademark application(s) for the subject mark in the Principal Register of the USPTO.
Upon filing the application, Client shall receive a confirmation email from the USPTO confirming that Application was submitted successfully; All services are limited to the U.S. only. Worldwide trademark advice, searches or filings, may require a referral to another attorney experienced in international applications.
Your application may receive an Office Action (a request for further information or other response) from the USPTO related to your application. If your application receives an Office Action, and the Office Action is a result of an error in the application (such as an incorrect classification of the mark), Attorney will file a timely response with the USPTO at no additional cost to Client; However, if the Office Action is not due to an error in the application itself, and the response requires additional work on the part of Attorney, or Attorney has to respond to objections to your application from another mark holder, additional fees, as set forth below, may be incurred and chargeable to Client to respond to the Office Action or objections. No fees will be charged without prior approval of client.
CLIENT RESPONSIBILITIES. Client shall provide the following information: (a) Contact information of the owner of the mark, including legal entity (if any) and state of registration; (b) Date of first use of the mark in commerce (if applicable); (c) A specimen (sample) of your mark in a jpg format to be deposited with the USPTO if your mark is currently being used; (d) A description as how your mark is being used or is intended to be used in commerce; (e) A description of the goods and/or services to determine the proper class in which to file application.
FEES, EXPENSES, INVOICES - (a) Client will pay the standard advertised fees including the USPTO application filing fee(s) and Attorney’s standard fee prior to the filing of the application; (b) Payment may be paid by a valid Credit Card or through PayPal (see further information on the website; (c) Application filing shall begin upon receipt of the above information and fees; (d) fees charged include a transaction fee for credit card or PayPal processing (e) An additional fee of $95 will be charged for any of the following Office Actions where the Examiner requests (1) an agreement to a disclaimer; (2) an amendment of the identification of goods/services in an application; (3) a change/addition of an international class (+fees for any additional class(es)); (4) submission of a substitute specimen; (5) a written consent re use of name; (f) An itemized invoice will be submitted upon completion of the Application filing process to reflect all fees and costs. Attorney’s fees for additional services is an hourly fee of Two Hundred and Fifty Dollars per Hour ($250/hr). Client will be provided with an accounting of Attorney’s hours and costs billed to Client.
Legal fees are not set by law and are negotiable between Attorney and Client. Attorney advises Client that Client has the right to seek and should seek independent legal advice as to the fairness of this Agreement before signing this Agreement. By signing this Agreement, Client agrees that she has sought and obtained independent legal advice as to the fairness of this Agreement or has waived her right to do so.
ENTIRE AGREEMENT. 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. This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement to the extent that the parties carry it out.
SEVERABILITY AND EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the entire Agreement will be severable and will remain in effect.
ARBITRATION OF FEES DISPUTE. If a dispute arises between Attorney and Client regarding Attorney's fees or costs under this Agreement and Attorney files suit in any court other than Small Claims Court, Client will have the right to stay that suit by timely electing to arbitrate this dispute under Business and Professions Code §6200-6206 in which event Attorney must submit the matter to such arbitration. This Agreement shall be interpreted under the laws of the State of California as applicable to agreements entered into and fully performed in California. Venue for the resolution of any dispute shall be Santa Monica, California
ATTORNEY'S FEES AND COSTS AND ACTION ON AGREEMENT. The prevailing party in any action or proceeding to enforce any provisions of this Agreement will be awarded reasonable Attorney's fees and costs incurred in that action or proceeding or in efforts to negotiate the matter.
EFFECTIVE DATE. This Agreement will take effect when Client has performed the conditions stated in paragraph one, but its effective date will be retroactive to the date Attorney first provided services. The date at the beginning of this Agreement is for reference only. Even if this Agreement does not take effect, Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed for Client.
INSURANCE COVERAGE. Pursuant to California Business and Professions Code §6148, Attorney is required to disclose that he presently does not maintain errors and omissions insurance coverage applicable to his services.
CLIENT ACCEPTANCE. Client agrees that by checking the acceptance box on the website, that Client accepts all of the terms of this Agreement.