Trademark Application Request

Terms of Service

1. Service Fees: For the performance of the Services, you will pay the Law Firm at the rates identified on this form.    Should additional legal services be required, the rate will be $275/hour (attorney) and $195/hour (assistant).  We account for our time in tenth of an hour increments.

2. Reimbursable Expenses: In addition to the payments set forth in Paragraph 1 above, you will reimburse the Law Firm for expenses which are incurred in connection with the Services (including but not limited to reproduction and delivery of documents, long distance telephone charges, facsimile costs, postage, electronic database charges and filing fees.

3. Deposit/Invoices/Payment: The Law Firm reserves the right to require a deposit prior to beginning work on any particular matter, and to require the replenishment of that deposit during the course of the Law Firm's work.  The Law Firm will apply the deposit to Service Fees and Reimbursable Expenses owed by you.  Each month, the Law Firm will send you an invoice for Service Fees and Reimbursable Expenses that are covered by the deposit.  Upon termination of this Agreement, the Law Firm will return any unused deposit to you.  You agree to pay each invoice that you receive from the Law Firm within fifteen (15) days after receipt of the invoice.  In the unlikely event that it becomes necessary for the Law Firm to file a lawsuit or take other legal action against you for the recovery of fees and/or reimbursable expenses or for the enforcement of any other rights, you agree to pay the Law Firm's costs and reasonable attorneys' fees in connection with any such action

4. Termination: The Law Firm will continue to represent you pursuant to this Agreement until (a) you notify the Law Firm in writing that you no longer wish for the Law Firm to represent you; or (b) the need for the services no longer exists; or (c) you fail to fulfill your obligations under this Agreement, the Law Firm notifies you in writing of such failure, but the failure is not rectified within ten (10) days after receiving the Law Firm's notification.  It is customary for a court or government agency to require that counsel who represents a client seek permission to withdraw from such representation.  If this Agreement is terminated and withdrawal of counsel is necessary, you will be responsible for fees and costs associated with obtaining permission to withdraw from the court or other government agency.  Upon termination of this Agreement, the Law Firm will return any documents or materials which you have provided to the Law Firm, although the Law Firm reserves the right to make and retain copies of such material for its records. 

5. Consultants: If the Law Firm needs to engage the services of one or more attorney(s) or other profession(s) to assist in the performance of the Services, the Law Firm will obtain your consent before entering into an agreement with such other attorney(s) or professional(s).  You agree that you are responsible for the cost of such other attorney(s) or professional(s).

6. Of Counsel: The Law Firm serves as of counsel for other attorneys and may use other law firms to serve as of counsel.  The other lawyers who serve as of counsel for this Law Firm provide legal services that may exceed the scope of the Intellectual Property and related services provided by this Law Firm.  You agree that such of counsel attorneys may be used to provide legal services beyond those available by this Law Firm and that you will be responsible for the cost of such of counsel attorneys. The Client acknowledges that of counsel attorneys may receive compensation from the Firm in addition to their hourly rate in the form of referral fees or other incentives. This Client specifically consents to such fee sharing.

7. Notices: Notices will be deemed delivered; (1) when received by facsimile, hand-delivery or certified mail to the address set forth hereinabove.

8. Document Retention:  If the Client does not pick up any material within three (3) months of the end of representation, the Client's file may be destroyed by the Firm pursuant to its document retention policy.  While the Client's records may be destroyed sooner, in any event, the Firm will not keep any physical record of the Client's case longer than three (3) years.  Additionally, the Client hereby consent to the Firm's preservation of any and all of its records in an electronic only format pursuant to Virginia Ethics Opinion 1818.

9. E-Signature: The Client hereby declares, agrees and understands that by signing this Agreement with an electronic signature governed by The Electronic Signatures in Global and National Commerce Act, and VA Code §§59.1-467-469, that this is a true and correct signature and shall bind me to all of the obligations as if such signature were made on a paper version of this document in my own handwriting.

10. Other Provisions: Throughout this Agreement, the “Client” includes any guarantor or signatory to this Agreement (provided, however, that a guarantor may not enjoy the attorney-client privilege).  This Agreement is governed by the law of Virginia, without reference to conflicts of laws. Venue for any dispute hereunder shall lie exclusively in Fairfax County, Virginia.  Failure of the Firm to enforce any provision hereunder shall not be deemed a waiver of any right.  If any provision of this Agreement is deemed invalid by any court, then that provision shall be severed and shall not affect the enforceability of the remaining provisions.  By signing this Agreement Client asserts all information provided to the Firm is true and correct to the best of its knowledge. By executing this letter the Client also grants the Firm permission to use any individual or corporate name and/or logo (if applicable) in Firm promotional materials with respect to transactions or other work completed in connection with this matter.  At the sole election of the Firm, any legal plan discount or other incentive offered by the Firm is null and void if the Client fails to make any payment in a timely manner as described herein.   Client agrees that should it dispute any amount billed hereunder the Client may only bring such dispute through binding arbitration via the American Arbitration Association or the State Bar Fee Arbitration Program, without other remedy, unless such claim shall be asserted as a counterclaim to a suit for fees by the Firm against the Client. The Client has the right to obtain most of the material in the Firm's file. These Terms include and incorporate by reference the online Terms and Conditions.

Client may seek independent legal counsel before signing this Agreement.  Client has read and fully understands the Agreement and agrees to its terms and conditions.