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Appeal Final Refusal Service Terms

Last Updated: April 19, 2019

This agreement is between (“Law Firm”) and You (“Client”) effective on the date of your submission of the order and pending a conflict check by Law Firm. In the event that there is a conflict with another present or past client and we are unable to take your case, you will be refunded in full. Submission of payment using this form constitutes your electronic signature and you agree to be bound by the terms below:

Client employs Law Firm to undertake legal services for the trademark specified on this order form.

Client employs Law Firm to undertake legal services for the trademark specified on this order form. Client employs Law Firm to draft response to file a Request for Reconsideration, simultaneously file an Appeal to the Trademark Trial and Appeal Board, and draft an Appellate Brief should the Examining Attorney refuse register Client’s mark. Law Firm agrees to research and draft a response that addresses all issues raised in the record and respond before the due date provided by the USPTO. Client understands that this service is provided on a “best efforts” basis and that an Appeal before the Trademark Trial and Appeal Board is a legal proceeding and there is no guaranteed outcome.

Client agrees to submit all required material and fees 7 business days prior to any USPTO due date to guarantee Law Firm will have adequate time to timely respond. Any submissions with due dates sooner than 7 business days will be processed on a best efforts basis. Law firm will perform contracted for legal services, inform Client of progress, and respond promptly to Client inquiries. Client agrees to promptly communicate with Law Firm, provide necessary documentation as requested, pay necessary costs, fees, and expenses in a timely manner and keep Law Firm informed of current telephone number and email address. Law Firm is not responsible for any consequences that stem from a Client’s failure to forward Law Firm required fees prior to any deadlines at the USPTO. Client agrees to ensure that status update emails from are not being blocked by their email spam filters and agrees to regularly review correspondence from attorneys and support staff by regularly logging into their account.

All fees are earned when paid and are nonrefundable, except in the case where Client submits an Administrative Office Action engagement agreement, does not qualify for that price point, and requests a refund. Client’s tender of funds vests interest in the funds to the Law Firm immediately upon receipt. All funds paid are immediately the property of the Law Firm. This is not a retainer agreement. This means that fees paid will NOT be put in any trust account on Client’s behalf. It is clearly understood that the deposit of said funds will be the sole property of the Law Firm and will not be refunded to Client should Client otherwise become dissatisfied. If there is any disagreement or concern with regard to the nonrefundable fees, Client should seek counsel with another lawyer of his or her choice.

Client understands that submissions to the USPTO are legal proceedings and as such there are no guarantees that Client will be granted their desired trademark by the USPTO.

It is understood that Law Firm reserves the right to assign all or any portion of the work to be performed under this Agreement to an associate, law clerk, other lawyers, paralegals, or others working under Law Firm’s supervision at Law Firm’s expense.

Client is entitled to terminate this agreement at any time. Law Firm will be entitled to fees paid and reimbursement of costs and expenses advanced by Law Firm. In such event, Law Firm may claim a lien as provided by law upon Client’s property and may further decline to withdraw as Lawyer for Client until Law Firm is paid in full.

Law Firm may elect to withdraw from Client’s representation and terminate this Agreement for good and sufficient cause, which may include innocent or intentional misrepresentation of material facts by Client, or discovery of facts or circumstances during the course of this Agreement from which the Law Firm concludes that such continued representation would be in violation of professionally recognized standards of conduct. This agreement may be terminated by Law Firm upon written notice to Client if Client fails to timely pay fees, costs, or expenses due.

Client grants to Law Firm a Power of Attorney to execute all documents connected with subject matter of Law Firm’s employment.

In event that legal action is required by Law Firm to recover any fees or cost reimbursements due from Client pursuant to this Agreement, Law Firm will be entitled to an award of reasonable attorney fees that will be determined and awarded by a court in such action.

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement and such declaration shall have no effect on the enforceability of the remaining terms. This Agreement contains the complete and entire understanding and agreement between Client and Law Firm and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.