Parties, Effective Date, and Electronic Signature
This agreement serves as an Engagement Letter between CopyMark Law Group LLC (“Law Firm”) and You (“Client”). The effective date will be the date of acceptance of this agreement, which is typically the date when the Client fills out an online form that requires acceptance of this agreement to submit the form. This agreement is contingent on (1) a successful conflict check by the Law Firm and (2) pre-payment for Services. The Client agrees to be bound by these terms using an electronic signature or by checking an “I agree to these terms”-type of box in an online web form.
Client has the duty to inform Law Firm in writing of any parties who are adverse or pose a conflict with respect to the representation Law Firm provides Client. If there is a conflict, all funds paid will be refunded. Unless otherwise agreed to in writing, the Law Firm requires the Client to pre-payment for Services.
Scope of Services
The Client retains the Law Firm to assist with certain trademark, copyright, and other related matters. Services provided by the Firm can include:
- A single response to an Office Action, Notice of Allowance, Renewal, Assignment, or other issues.
- A filing of a new trademark or copyright application.
- Advice on how to improve the Client’s trademark
- Answering basic questions relating to the Client’s trademark application
- Answering questions about other types of intellectual property protections that could help the Client
The Law Firm will inform the Client of the Fees required for the various Services. Trademark prosecution can involve multiple responses by the Law Firm. Law Firm typically charges Fees for a single response. Any future Services may require additional Fees, including responses to additional Office Actions, Notice of Allowances, maintenance requirements, or other additional work beyond the original scope of Services. The Client can engage the Firm for these excluded or additional Services under this agreement.
The Law Firm will perform the Services within the scope of this agreement and will inform the Client of significant developments in the scope of representation. The services may include a single phone consultation with an attorney for up to 15 minutes.
General Responsibilities of Law Firm and Client
The Law Firm may require information or payment from the Client prior to performing the Services. The Client understands that failure to respond to communications by the Law Firm can result in the loss of rights, and acknowledges that the Law Firm may file a partial response to preserve the Client’s legal rights due to a deadline and lack of communication from the Client.
The Client agrees to assist Law Firm in the scope of representation and provide any needed materials or fees that may be required at least 7-days prior to any USPTO deadline or due date. Law Firm makes no guarantees about its ability to timely respond to the USPTO for materials or fees received with less than 7-days remaining before any USPTO due date. Law Firm is not responsible for any consequences resulting from Client not paying required USPTO fees. Client consents and gives Power of Attorney to the Law Firm on trademark matters before the United States Patent and Trademark Office (“USPTO”).
Communications between Law Firm and Client will be made using email, unless otherwise specified in writing. Client agrees to Law Firm sending automated email reminders to obtain the required information or payment. Client agrees to promptly respond to communications from Law Firm. Law Firm will communicate from email addresses with the @CopyMarkLaw.com domain, and Client agrees to make sure emails from that domain are not going to a spam folder or the like. Client agrees to inform of any changes to its contact information, including address or phone number changes.
The rules of professional conduct for attorneys in Illinois require that unearned client fees should be held in an IOLTA trust account until the fee is earned. However, You may waive this requirement. Due to the small amount of the fee and the administrative issues involved with managing a trust account, Client waives the trust account requirement and allows fees to be deposited directly into Law Firm’s operating account and becomes property of Law Firm upon receipt. Fees are earned once legal work has started by the Firm including but not limited to (1) the Firm reviewing the Client’s trademark, (2) the Firm communicating with the Client regarding the trademark application, or (3) beginning to render any other legal work for the client.
Fees will be refunded if a conflict check is not passed or if Client requests a refund prior to one of the above events occurring. All other fees are nonrefundable. Client understands that Law Firm can decide to not represent the Client on their matter prior to the Firm completing its Conflict Check. In this case, Firm will refund the money Client paid in anticipation of legal services being performed.
The Client is responsible for paying for any required government fees. Government filing fees are non-refundable. In the event that Law Firm advances fees owed to the USPTO by the Client, Client agrees to reimburse Law Firm within 7-days.
No Guarantees; No Warranty
The Firm makes no expressed or implied guarantees, promises, warranties, or otherwise regarding the scope of services. Nothing in this Agreement should be interpreted as such. Client understands that trademark prosecution often has time-sensitive deadlines. Client understands that the Firm cannot render the Services if the government deadline has passed. If Client requests that the Firm file a response after the government deadline has passed and it is still possible to file a Petition to Revive, Client authorizes Firm to charge Client using the payment information provided by Client for payment of government fees associated with the Petition to Revive. The Services are provided “as is,” with all faults, defects, omissions, and errors. Unless otherwise specified in this agreement, Firm does not make any warranty regarding the Services or Client’s ability to obtain trademark registration by the USPTO.
Services will be rendered by licensed attorneys. Client agrees to allow both Law Firm attorneys and Contractual Attorneys can perform Services. The Law Firm may use attorneys on a contractual and fixed-fee basis (“Contractual Attorney”) to assist the Firm with the Client’s matter. Client provides informed and hereby gives written consent to the Law Firm to use Contractual Attorneys. This assistance includes but is not limited to trademark filings, Office Actions, and responses. The Firm will ensure all Contractual Attorneys are licensed and in good standing with the State Bar where they are licensed. Contractual Attorneys must also perform a separate conflict check before their work is commenced. Client understands these Contractual Attorneys may be paid on a fixed-fee basis in proportion to the services provided. Contractual Attorneys are required to carry legal malpractice insurance. Client will not be billed separately for any work performed by a Contractual Attorney.
Termination and Withdrawal of Law Firm.
Client may terminate this agreement at any time. Firm may withdraw as Client’s attorney in accordance with the Rules of Professional Responsibility. Firm may withdraw if Client misrepresents facts to the Law Firm or Client fails to pay required fees.
Governing Law; Venue
Client agrees that their rights and obligations shall be governed by and interpreted in accordance with the laws of the state of Illinois. Any disputes will be governed by Illinois law. Any legal action or proceeding shall take place in arbitration or state or federal court in Cook County. Client agrees that jurisdiction is proper in these courts. Client agrees the venue is proper in these courts.
If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.
In the event there is any dispute between Law Firm and Client, Client shall notify the Law Firm immediately in writing to: 543 Brier Street, Kenilworth, Illinois 60043. Firm and Client agree that any and all disputes (including but not limited to negligence and malpractice) shall be resolved by binding arbitration before the Judicial Arbitration and Mediation Services (“JAMS”). BY ENTERING INTO THIS AGREEMENT, CLIENT WAIVES THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION (WHETHER AS A PLAINTIFF OR CLASS MEMBER) AND AGREE TO BRING CLAIMS AGAINST THE OTHER ONLY IN CLIENT’S INDIVIDUAL CAPACITY. Firm and Client agree that decision can be appealed to the JAMS Appeal Board. Arbitration keeps costs down, expedites resolution, and keeps the resolution private, all of which are important to both parties. In that spirit, Firm and Client agree to limited and simplified discovery.
The Federal Arbitration Act governs the interpretation and enforcement of this agreement. The arbitrator may not consolidate more than one person’s claims. The arbitrator shall decide all disputes in accordance with Illinois law. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
In the event that a dispute is not subject to resolution by an arbitrator, Client agrees that the laws of Illinois will govern the dispute, and that any and all legal proceedings shall be instituted in the state or federal courts in Illinois and Cook County.
Client is free to seek counsel about this agreement before accepting it, and any acceptance to this agreement is voluntary.
No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver. Any waiver to this agreement shall be in writing.
The parties intend that this agreement represents the final expression of the parties’ intent and agreement between the parties relating to the subject matter of this agreement, contains all the terms the parties agreed to relating to the subject matter, and replaces all the parties’ previous discussions, understandings, and agreements relating to the subject matter.
Acknowledgment of Terms
Each party acknowledges that it has read this agreement, understands the terms of this agreement, has had the opportunity to consult with independent legal counsel in connection with this agreement, and has signed this agreement voluntarily.
Last Updated: April 26, 2022