Craft Beverage Law
Trademark Search & Registration
Trademark Clearance Searches
Statement of Use
Assignments/Change of Ownership
Oppositions and Cancellations
Cease & Desist Letters
Trademark Monitoring Engagement
Thank you for your interest in having KaiderLaw perform monitoring of your registered trademark. Please complete the information requested, below. When we receive your submission, we will send you a confirmation email that includes a link to a secure LawPay website where you may submit your payment. Our annual fee of $395 will be due upon receipt. Thirty days before the expiration of this Agreement, we will send you another LawPay link through which you may renew the Agreement for an additional year.
Please note that an attorney-client relationship does not exist between you and KaiderLaw until both this engagement form and the $395 fee are received.
Indicates required field
Contact Name - if Client is a Company
By providing an email address above, you agree that KaiderLaw may contact you with important information and deadlines via the email address you provided.
Enter the Trademark on which the monitoring service will be performed
Enter the Registration Number of the trademark, if you know it
1. THE PARTIES / EFFECTIVE DATE.
This Agreement is made between
("Firm") and You ("Client") and is effective as of the latest date of signing by Client.
2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF FIRM AND CLIENT.
The Legal Services to be provided by Firm to Client are: (i) The monitoring of trademark filings made by third parties with the United States Patent and Trademark Office to identify trademarks that may infringe on the rights You have in the Trademark; (ii) Conducting an annual review to ensure no unauthorized "use" of the Trademark is occurring; (iii) Conducting an annual review to ensure the "use" of your trademark is acceptable under trademark law, and (iv) Notifying You of any renewal filing required for the Trademark that occurs during the term of this agreement (the "Legal Services"). Firm will provide You with an email report each quarter. Any additional services are at an additional fee. Client will cooperate with Firm, be available as requested, promptly pay all fees and costs, and keep Firm informed of client's whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times.
Client understands that a search, no matter how well conducted has certain limitations. First, it is only current as of the date of the report and, thus, events such as new applications, issuance, publication, or cancellations of marks may occur after the date of the report. Further, there may be errors in the data itself. Finally, and most importantly, with regard to common law usage, it is a matter of chance whether a common law use has been listed in any particular database. Equally, in reviewing the search results, we can only use our experience as attorneys as a guide. The reactions of another company a trademark examiner, the Trademark Trial and Appeal Board, a judge or jury to the likelihood of confusion between your mark and that of a competitor is not subject to absolute prediction..
The Flat Fee for the Legal Services agreed to by the Firm and Client is
$395.00 USD per year
(the “Flat Fee”)
The rules of professional conduct for Firms in the State of Maryland require that unearned fees advanced by clients to Firms be kept in a separate "trust' account until the fees are earned and/or the representation terminated by either party. This is because funds held in a trust account are generally protected from a law firm's creditors and cannot be spent until earned. For the purposes of this Agreement, the Flat Fee is earned when Firm agrees to undertake the following year of monitoring services and no portion of the Flat Fee is refundable if Client terminates this Agreement before the end of the Term.
4. COSTS AND EXPENSES.
Government fees are in addition to the above stated legal fees. The US Government fee is either $225 or $275 per international class for trademark application filings, depending upon the circumstances of the application.
5. WORK PRODUCT:
The writings, notes, memoranda, reports of conversations, research and confidential materials which we prepare will be maintained in strict confidence and under the provisions of the attorney-client privilege.
The Term of this Agreement is one year from the date the later of this Agreement and the Flat Fee is received by the Firm. The Term may be extended for additional one-year periods (each an Renewal Term) upon agreement of the Client and Firm.
As is appropriate in any professional relationship, You may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well. However, as described in Section 3, the Flat Fee for this Agreement is earned at the beginning of the Term and no portion of the Flat Fee will be refunded if Client terminates this Agreement during the Term.
7. ENTIRE AGREEMENT / SEVERABILITY.
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. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
8. FORM OF SIGNATURES.
This agreement may be executed by the parties in electronic counterparts.
AGREED TO AND ACCEPTED BY:
Brian D. Kaider, Esq.
Your Signature (please type your name here)
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