Craft Beverage Law
Trademark Search & Registration
Trademark Clearance Searches
Statement of Use
Assignments/Change of Ownership
Oppositions and Cancellations
Cease & Desist Letters
Trademark Search & Registration Engagement
Thank you for your interest in having KaiderLaw represent you in the registration of your 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 fee of $975 will be due upon receipt. The USPTO Filing Fees of $225 per class will be due before we file your application.
Please note that an attorney-client relationship does not exist between you and KaiderLaw until both this engagement form and our $975 fee are received.
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By providing an email address above, you agree that KaiderLaw may contact you with important information and deadlines via the email address you provided.
Who will own the Trademark(s)?
This may be the name of an individual or a company and may or may not be the same entity as the client. If a company will own the mark(s), please indicate if it is a corporation, LLC, or other entity.
Enter the exact words you are seeking to register as a trademark
If your trademark includes a logo, please write "and logo" at the end of the trademark. We will ask you to email us your logo before our initial consultation.
Describe the product or services that the trademark will represent
We will not use this description in the actual trademark application; it is just for us to get an idea of on what classes of goods and services we will need to focus.
On what date did you first begin to use this trademark in any sense?
This could be when you used the name to form a corporate entity, to open a bank account, or any other activity other than selling products or services.
On what date did you first begin to use this trademark to sell or advertise your products or services?
If you are not yet using the mark to sell or advertise your products or services, please enter N/A for not applicable.
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 the completion of a comprehensive federal, state and common law trademark search, drafting of an opinion letter based on the search results, consultation time of up to thirty (30) minutes regarding the search results, preparation and filing of Client's trademark application, tracking Client’s trademark application once filed, and responding to any Office Actions issued by the USPTO which require thirty (30) minutes of time or less to answer (“Legal Services”). All additional services are at an additional charge. Firm will perform the Legal Services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will cooperate with Firm, be available as requested, provide necessary declarations, 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 this is an application process which could result in denial of the Client’s trademark. KaiderLaw® makes no representations or warranties as to the outcome of the prosecution of Client’s trademark application(s), and all expressions made by us relating thereto are matters of opinion only.
The Flat Fee for the Legal Services agreed to by the Firm and Client is
(the “Flat Fee”)
. This Flat Fee applies only to applications for trademarks that are in actual use at the time of filing. If the application must be filed as an “intent-to-use” mark under Section 1(b), additional fees will be required.
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, $375 of the Flat Fee is earned when Firm provides the trademark search report and the remaining $600 is earned when the completed trademark application is filed with the USPTO.
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.
6. PUBLICLY AVAILABLE INFORMATION:
As part of this Agreement, Client authorizes Firm to place publicly available information relating to this matter on our website and/or social media accounts. Publicly available information includes any information that can be accessed through the USPTO website or that you publish in a press release or that you place on any publicly available website or social media platform.
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. In the event that our representation is terminated, You agree to pay all bills thereafter rendered covering expenses incurred prior to the termination.
8. 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.
9. 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)
Licensed to practice in Maryland, the District of Columbia, and the United States Patent and Trademark Office
2018, All Rights Reserved
The Law Offices of Brian D. Kaider, LLC d/b/a KaiderLaw