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Trademark Agreement

 1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Blaier Law LLC ("Attorney") and You ("Client") and is effective when you click I accept, sign your name, and insert a date below, for the Legal Services (as defined below) is made by Client.

2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client are the completion of a comprehensive federal, state and common law trademark search, 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. Attorney 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 Attorney, be available as requested, provide necessary declarations, promptly pay all fees and costs, and keep Attorney 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 that could result in denial of the Client's trademark and obtaining a trademark is never a guarantee. 

3. FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $1000.00 USD (the “Flat Fee”). The Flat Fee will 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 these reasons funds held in a trust account are more readily available to be refunded to clients. However, clients may waive this requirement. Due to the small nature of the Flat Fee and the administrative issues involved with moving the money between accounts, You hereby waive the requirement and allow the funds to be deposited into Blaier Law LLC's operating account. By waiving this requirement the Flat Fee becomes the property of Blaier Law LLC upon receipt. The Legal Services are completed and the Flat Fee is earned when Attorney provides the trademark search report and completed trademark application to Client with filing instructions. Client may be entitled to a partial refund if the Client terminates this agreement prior to the completion of the Attorney completing the Legal Services.

4. COSTS AND EXPENSES. Government fees are included. The US Government fee is either $225 or $275 per international class for trademark application filings.

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. TERMINATION: 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.

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 ACCEPTANCE. By clicking "I Agree" below, and purchasing the Legal Services for the Flat Fee through the link provided, you agree to be bound by this agreement. A separate engagement agreement for these Legal Services can be emailed upon request. You hereby agree and acknowledge that this is a binding agreement between you and the Attorney.

9. CHOICE OF LAW AND VENUE. This agreement will be governed by the laws of the State of New Jersey, regardless of conflicts of law principles. Any action or proceeding related to or arising from this agreement shall be brought exclusively in the State courts of New Jersey, Monmouth County venue.

Find Out How Blaier Law LLC Can Help

Whether you need legal advice for your startup or small business, desire to protect your intellectual property, want a certain contract drafted, or need to meet the right people, Blaier Law LLC can provide effective legal counsel for all of your legal needs. Give us a call today at 848-243-1148 or contact us online to learn how we can help you.

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