1. Scope of Limited Engagement

Under this Agreement, you retain TM Lawyers LLC (the "Firm") for a limited scope of representation relating to federal trademark matters. The Services included differ by the specific phase you select:

• Phase 1: Comprehensive Clearance Search: Includes a full search of the USPTO trademark database, Global search (including WIPO), Common law search, Domain Name search, and a formal Legal Opinion/Risk Assessment letter.
• Phase 2: Drafting & Federal Filing: Includes the preparation and filing of a federal trademark application for your selected classes of goods or services, acting as Attorney of Record, providing status updates, and responding to Non-Substantive Office Actions.
• Active Trademark Monitoring (If selected): Includes 1-year of active sweeps for newly filed conflicting applications in your industry and quarterly email reports.

Definition of Non-Substantive Actions: Non-substantive office actions are strictly limited to procedural issues such as legal entity status, citizenship of the applicant, minor amendments to the identification of goods/services, improper specimens, or improper dates of use.

Excluded Services: Unless separately agreed in writing, the Services do not include responses to Substantive Office Actions (e.g., refusals based on likelihood of confusion, mere descriptiveness, genericness, or surname refusals), appeals, petitions, opposition proceedings, enforcement actions, cease‑and‑desist demands, or litigation. All excluded services require a separate written engagement agreement and additional fees.

2. Client Responsibilities

Accuracy of Information: You must provide complete and truthful information about your business and the trademark. Under federal law, knowingly making false statements in a trademark application may result in fines or imprisonment. You warrant that any specimen or evidence you provide accurately reflects your genuine use of the mark in commerce and is not a digitally altered or "mocked-up" rendering.

Cooperation and Deadlines: You agree to cooperate with the Firm, respond promptly to requests, and provide all necessary materials before filing deadlines. If you miss a deadline set by the Firm or the USPTO, the Firm is not responsible for any resulting loss of rights or additional fees. You authorize the Firm to communicate with the USPTO on your behalf and to disclose your contact information to the USPTO as required by law.

3. Fees, Billing, and Advance Payment Retainers

Advance Payment Retainer: The legal fees quoted for our Services are structured as an "Advance Payment Retainer." This means the flat fee is considered earned upon receipt to secure the Firm’s availability and immediate commencement of work. These funds will be deposited directly into the Firm’s business operating account and will not be held in a client trust (IOLA/IOLTA) account.

USPTO Government Fees: Legal fees do not include government filing fees. USPTO filing fees are strict pass-through expenses required by the federal government. You hereby authorize the Firm to process these government fees (currently $350 per class) via our secure payment gateway prior to submitting your application. USPTO fees are entirely non-refundable once the application is submitted to the government.

Per-Class Fee Structure: Both our legal filing fees and the USPTO government fees are assessed per class of goods/services. If your application includes more than one class, you agree to pay the additional legal and USPTO fees for each added class. Classes cannot be added after an application is filed.

4. Refund and Cancellation Policy

The Firm operates on a flat-fee basis tied to specific, objective milestones. Fees are earned strictly upon the Firm’s delivery of the defined work product to the client. If representation is terminated, any unearned fees for uncompleted milestones will be refunded, less actual, non-recoverable merchant processing fees.

• Conflict of Interest: You will receive a 100% full refund if the Firm identifies a legal conflict of interest and must decline representation before work begins.
• Phase 1 (Clearance Search - $349 Total):
  • Stage 1A ($149): Earned upon the Firm’s delivery of the formal review of your submitted goods/services, classification strategy, and filing basis confirmation.
  • Stage 1B ($200): Earned upon the Firm’s delivery of the final comprehensive trademark clearance report and written legal opinion.
• Phase 2 (Application Drafting - $349/class Total):
  • Stage 2A ($150/class): Earned upon the Firm’s delivery of the formal filing strategy, classification confirmation, and review of filing basis requirements.
  • Stage 2B ($199/class): Earned upon the Firm’s delivery of the completed USPTO application draft for your review and electronic signature.
• Other Services: Fees for any other requested services become fully earned upon the delivery of the agreed-upon document or completion of the service.
• Cancellation Fees: If you cancel this Agreement before any work has commenced on a specific phase or service, your fee will be fully refunded, less any actual, non-recoverable merchant processing fees charged to the Firm by the payment processor.

Delinquent Payments: Failure to pay required fees or the initiation of an unwarranted credit card chargeback for earned services may result in immediate termination of representation and withdrawal as your Attorney of Record at the USPTO.

5. Attorney‑Client Relationship and Confidentiality

Formation of Relationship: No attorney‑client relationship is formed until the Firm confirms receipt of payment, completes a mandatory conflict check, and explicitly accepts your matter.

Public Nature of USPTO Filings: You acknowledge that all information submitted to the USPTO is a matter of public record and is not confidential. The Firm is required to disclose this information, and it is not protected by attorney-client privilege. Spam Warning: Because USPTO records are public, you may receive spam, scams, and solicitations via mail or email from third parties asking for payment. You should discard any solicitations that do not come directly from our Firm or the official USPTO.

Conflicts of Interest: You acknowledge that the Firm may represent other clients with similar or competing intellectual‑property interests. Business competition alone does not create a legal conflict. You agree to waive any conflicts that such representation might present, provided the Firm does not represent another client in a substantially related matter without your informed consent.

6. Disclaimers and Limitation of Liability

No Guarantee of Outcome: Trademark registration is never guaranteed. The USPTO examining attorneys make independent decisions, and third parties may legally challenge your application. Any opinions provided by the Firm regarding the availability or registrability of your mark are expressions of professional legal judgment, not promises or guarantees of registration.

Maintenance of Trademarks: Trademark registrations require periodic maintenance filings (e.g., between years 5 and 6, and every 10 years). Unless you have separately retained the Firm for monitoring services, you are solely responsible for docketing and maintaining your trademark registration deadlines.

Limitation of Liability: To the fullest extent permitted by law, the Firm’s total liability for any claim arising out of or relating to this Agreement shall be strictly limited to the amount of legal service fees you paid. The Firm is not liable for lost profits, consequential damages, or damages arising from the actions, omissions, or refusals of the USPTO or third parties.

7. Dispute Resolution & Binding Arbitration

Agreement to Arbitrate: Except for small‑claims actions, any dispute arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA). By agreeing to arbitration, you waive your right to a jury trial and to participate in class or collective actions. Arbitration hearings will take place in New York, New York unless the parties agree otherwise.

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflict‑of‑law principles) and applicable federal law, including the Lanham Act.

8. Term and Termination

Term: This Agreement begins on the Effective Date (when payment is received and conflicts are cleared) and ends when your trademark application is filed, or the specific Phase you purchased is completed.

Termination by Firm: The Firm may terminate representation if you fail to cooperate, provide false or misleading evidence, refuse to pay required fees, or if an irreconcilable conflict of interest arises. Upon termination, the Firm will withdraw as attorney of record at the USPTO and notify the USPTO of your current contact information.