1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Roe Law Firm, LLC ("Attorney") and You ("Client") and is effective as of the latest date of signing by Client.
2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client are the preparation and filing of Client’s renewal application and the filing of either of the following:
- Declaration of Use Renewal
- $100.00 Government filing fee (per class)
- $300.00 Attorney fee
- Declaration of Incontestability
- $200 Government filing fee (per class)
- $300.00 Attorney fee
- Combined Declaration of Use & Application for Renewal
- $500 Government filing fee (per class)
- $400.00 Attorney fee
Late Renewal Filings: $100.00 Government filing fee of per class
The Legal Services to be provided by Attorney to Client will also be the tracking Client’s renewal application once filed, and responding to any Office Non-substantive 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, specimens, etc., 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, which could result in denial of the Client’s trademark.
3. FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $300.00 USD or $400.00 USD (as described above) (the “Flat Fee”). The rules of professional conduct for attorneys in the State of Oregon require that unearned clients fees advanced by clients to attorneys be kept in a separate "trust' account until the fees are earned and/ or the representation terminated by either party. 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, Client hereby waive’s the requirement and allow the funds to be deposited into Roe Law Firm, LLC's operating account. By waiving this requirement the Flat Fee becomes property of the Roe Law Firm, LLC upon receipt. The Legal Services are completed and the Flat Fee is earned when Attorney provides the completed copyright application to Client with filing instructions. Client may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed.
4. COSTS AND EXPENSES. Government fees are in addition to the above stated legal fees. The US Government fee is either $100, $200 or $500 for renewal application filings plus $100 for late filings, or other filing fee as designated by the USPTO.
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, Client 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, Client agrees to pay all bills thereafter rendered covering expenses incurred prior to the termination. Client specifically understands and agrees that Attorney is willing and able to undertake representation of Client on this matter only on the basis that all of Attorney’s bills (including government filing fees) shall be paid in full when designated; and if not so paid, Attorney may in their sole discretion withhold performance of further services and be free to terminate the Attorney/Client relationship and withdraw as the attorney of record.
7. ENTIRE AGREEMENT. Regardless of any prior or contemporaneous agreements, this Agreement amends and modifies any and all prior or contemporaneous agreements, contains the entire agreement between the parties, and cannot be changed or terminated orally. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties. No amendment, change or modification of this Agreement shall be valid unless in writing and signed by all parties hereto.
8. SEVERABILITY. 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. ASSIGNMENT. It is understood that the Attorney reserves the right to assign all or any portion of the work to be performed between themselves or to an associate and to utilize paralegals or others working under the Attorney’s supervision.
10. CHOICE OF LAW. This Agreement shall, in all respects, be governed by the laws of the State of Oregon, with proper venue in Multnomah County, Oregon.
11. FAILURE TO REQUIRE PERFORMANCE. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party’s right to enforce the provision, shall not constitute any waiver of any breach of any provision, constitute a waiver of any succeeding breach of the provision or a waiver of the provision itself, or any other provision.
12. BREACH. A breach of any portion of this Agreement shall not affect the remainder of the Agreement, but shall give rise to an independent claim for breach of this Agreement.
13. ATTORNEY FEES. If Attorney shall institute litigation to enforce any of the terms of this Attorney fee agreement, then he shall recover such sums as the trial or appellate court determine to be reasonable attorney fees.
14. FORM OF SIGNATURES. This agreement may be executed by the parties in electronic counterparts.