THE PARTIES / EFFECTIVE DATE.

This Engagement Agreement (“Agreement”) confirms the terms and conditions under which TrademarkSOL (“Attorney”) will perform legal services for you (“Client”). It also sets forth the mutual responsibilities of Attorney and Client (collectively “Parties”) associated with that representation.

COSTS AND EXPENSES.

Every Federal trademark application must be accompanied by U.S. Government filing fee(s). These Government fees are in addition to the Flat Fee described above. The US Government fee for a new Federal trademark application is usually $350 per international class of goods and/or services.

RESPONSIBILITIES OF ATTORNEY AND CLIENT.

Attorney will at all times act on Client’s behalf to the best of Attorney’s ability, subject to Attorney’s duties of professional responsibility. Attorney will perform the Legal Services, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. To facilitate timely communication, Client agrees that (1) Attorney may communicate with Client by electronic mail on an unencrypted basis and (2) electronic mail will be Attorney’s primary mode of communication – when appropriate.

NO GUARANTEE OF RESULT.

Attorney will use best efforts as described above. Still, it is important to understand that Attorney cannot assure Client of a successful final outcome. No one can guarantee that the USPTO will grant Client’s trademark application. A professionally prepared and filed application, like all applications, will undergo substantive legal and technical examination, which can be uneven in quality and subjective in some ways, including search strategy. The USPTO may ultimately reject your application for Federal trademark registration despite Attorney’s best efforts and even in the absence of any legal or technical defect. Client understands this is an application process, and not all trademark applications are approved.

TERMINATION.

Either Party may terminate this Agreement at any time, with or without cause, by providing reasonable notice to the other Party. If such termination occurs, papers and property which you have provided to us will be returned promptly upon receipt of payment for outstanding fees and costs, and upon your written request. We reserve the right to destroy or otherwise dispose of any documents or other materials retained by us within a reasonable time after the termination of the Agreement. Client agrees that termination will not affect Client’s responsibility for prompt payment of Attorney’s invoices incurred before termination and in connection with an orderly transition of Client’s trademark application. After completion of the Legal Services, changes may occur in applicable laws or regulations that could impact Client’s future rights and liabilities. Unless Client engages Attorney to provide additional advice on issues arising from the Legal Services, Attorney will have no continuing obligation to advise Client with respect to future legal developments.

EXAMINATION / SUBSTANTIVE OFFICE ACTIONS.

In some applications, during the examination process, the USPTO may issue one or more Office Actions imposing additional requirements and/or requesting additional information. The Legal Services described above do not include responding to substantive, complex, and/or lengthy Office Actions, for example. That additional work, which would be performed at Client’s request, would be subject to separate billing and may require the payment of additional U.S. Government fee(s). Attorney will, however, consult with Client at no charge to develop a response strategy for any substantive, complex, and/or lengthy Office Actions that the USPTO may issue.

APPLICATIONS BASED IN WHOLE OR IN PART ON A “BONA FIDE” INTENT TO USE.

The USPTO encourages Applicants to file for Federal trademark protection as early as possible – even before use – when an Applicant has a “bona fide” intent to use a trademark. This filing option defers the requirement to show actual use until after filing. Similarly, during examination, it is sometimes advantageous to rely on a “bona fide” intent to use a trademark so as to defer a requirement for additional/different evidence of use. In either scenario, the requirement to show actual use is a statutory requirement that must be satisfied before the USPTO will issue an official registration certificate. Accordingly, if any portion of Client’s application is based on your bona fide intent to use, then the application mark will only register after: (1) Client begins using the mark in commerce; and (2) evidence of that use is submitted and accepted by the USPTO. The Legal Services described above do not include the submission of evidence of use after filing of Client’s trademark application. That additional work, which would be performed at Client’s request, would be subject to separate billing and may require the payment of additional U.S. Government fee(s).

BILLING AND TERMS FOR ADDITIONAL LEGAL SERVICES.

Attorney is a full-service trademark and patent law firm that offers trademark services beyond the Legal Services described above. For work requested by Client outside of the Legal Services described above, Attorney may bill Client on a regular basis, normally at the end of each transaction, or by the end of each month, for both fees and disbursements. Payment is due upon receipt. Payment is not contingent or dependent upon the outcome of the representation.

ENTIRE AGREEMENT / SEVERABILITY.

This Agreement contains the entire agreement between the Parties. No other agreement, statement, representation, 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 this Agreement will be severable and remain in effect.

FORM OF SIGNATURES.

This Agreement may be executed by the parties in electronic counterparts.