Legal Representation Engagement Policy

    LEGAL REPRESENTATION ENGAGEMENT POLICY

This Limited Scope Legal Representation Agreement (“Agreement”), effective the date (the “Effective Date”) displayed on the accompanying order form and emailed receipt (the “Order Form”) for the services described therein, is by and between Washington IP & Entertainment Law, PLLC dba Brandme, a New York professional limited liability company (“we,” or “our”), and the recipient (“Client”, “you”, or “your”) on whose behalf the trademark services will be performed by the Firm hereunder (as more fully described below). The Client and Firm are each a “Party,” and collectively, the “Parties.”

Please note that Client shall be responsible for any applicable taxes as outlined in the relevant Order Form.

Washington IP & Entertainment Law, PLLC dba Brandme (the “Firm” or “Brandme”) is offering legal representation in association with the prosecution of trademarks in the United States on your behalf. You hereby authorize the Firm to take all reasonable steps to effectuate the foregoing that are not inconsistent with the terms herein. The Firm will provide professional, cost-effective services and keep you informed as necessary of progress and developments. Fees will be determined by a flat rate billing procedure outlined under the Terms and Conditions of Engagement below. If you have any issues with the representation, you should inform the Firm immediately.

Terms and Conditions of Engagement

The following terms and conditions shall apply to our relationship:

1. Introduction. Legal services provided by the Firm must be paid before the provision of services. The rates the Firm charges are reviewed periodically, usually once each year, and are changed from time to time to reflect changes in the value of your services, the Firm’s operating costs, and changes in the legal market generally. The fees listed in your Order Form that accompanies this Agreement are controlling.
2. Limited Services. Our representation on your behalf is limited to providing only those services explicitly set forth in the Order Form (“Limited Services”), which is incorporated by reference herein. Client acknowledges and agrees that this Agreement covers only the Limited Services, and the performance of any other services is the sole responsibility of Client. All other services are excluded under this Agreement. Brandme may use the assistance of artificial intelligence and/or machine learning technologies to prosecute your application and maintain your trademark registration.
3. Attorney-Client Privilege and Waiver of Conflicts

(a) Upon payment by Client for services rendered, an attorney-client relationship shall be formed between you and the Firm. The Firm guarantees that any confidential information disclosed to third parties will be subject to strict confidentiality obligations, similar to the obligations the Firm has to Client. Notwithstanding anything to the contrary in the foregoing, however, Client acknowledges and agrees that any information it provides to the Firm for transmission to the Trademark Office for the purpose of obtaining or renewing trademark registration for the Client will become available to the public, except in certain limited circumstances. Therefore, Client shall only provide the Firm with materials for transmission to the Trademark Office that Client hereby consents to be made public. (b) Each of the Parties to this Agreement hereby agrees, on its own behalf and on behalf of its directors, members, partners, officers, employees and affiliates, that the Firm may serve as counsel to Client, on the one hand, and other persons or entities seeking trademark registration services similar to those that Client is seeking hereunder, on the other hand, in connection with the negotiation, preparation, execution and delivery of this Agreement and the consummation of the transactions contemplated hereby, so long as such representation of persons or entities on the other hand is not directly adverse to the interests of Client (i.e., attempting to register identical trademarks for related services that are likely to cause confusion), and that, following consummation of the transactions contemplated hereby (which shall mark the termination of the Firm’s representation of Client), the Firm (or any successor) may serve as counsel to persons or entities whose interests are adverse to Client, so long as Firm does not disclose any confidential or privileged information of Client to persons or entities whose interests are adverse to Client. (c) Each of the Parties hereby consents to the foregoing set forth in Section 3(a)(b) and waives any conflict of interest arising therefrom, and each of such Parties shall cause any of its affiliates to consent to waive any conflict of interest arising from such representation.

4. Term. The term of this Agreement commences on the Effective Date and expires (the “Expiration Date”) when the Trademark Office issues (i) a Registration Certificate for the applicable trademark(s), (ii) an Office Action regarding the applicable trademark (to which Client does not retain the Firm to respond), or the Firm completes the services for which it is retained, whichever occurs first, unless terminated earlier as described herein (collectively, the “Term”). All Limited Services are deemed completed on the termination of this Agreement, on the Expiration Date, or for any other reason provided by the Firm in a written notice to Client.
5. Fees. The costs that you pay for the Limited Services (the “Service Fees”) are due immediately upon entering into the Agreement, and they are not a retainer but a flat fee based on the services described in the Order Form. The Service Fees will be deposited into the Firm’s client trust account. Clients can terminate the Agreement at any time, but refunds are only available if the Firm materially breaches the Agreement or you cancel your order within 24 hours, unless Brandme has already transmitted materials related to your order to the Trademark Office. The Service Fees cover all filing fees related to the trademark application/registration, including initial application fees and fees per class of goods or services. Filing fees are nonrefundable once the application/filing is submitted to the Trademark Office, and any additional fees assessed by the Trademark Office will be the sole responsibility of the client. Client agrees to indemnify and hold harmless the Firm if their application/registration becomes abandoned for failure to pay fees or supply information requested by Brandme or the Trademark Office prior to any due dates.
6. Due Dates for Client Submitted Information and Materials. To allow for ample time to prepare and submit filings with the Trademark Office, the Firm may set a due date for you to deliver all required materials to it before the filing deadline. If Client fails to meet the Firm’s due date, Client releases the Firm from any liability related to the specific filing and indemnifies and holds the Firm harmless from all claims related to it.
7. Client Submissions. Client must submit accurate and complete information and materials for the trademark application and subsequent filings in high-resolution PDF or JPEG formats. Physical submissions are prohibited, but if Client submits physical materials, the Firm disclaims liability, may retain digital copies, and will not return the materials. Client also represents and warrants the accuracy and completeness of any information and materials submitted, including specimens of the mark used in commerce, and that such materials do not infringe the rights of a third party.
8. Client Responsibilities. Client accepts the following responsibilities: cooperating and responding promptly to the Firm’s inquiries and requests for information, keeping the Firm informed of any changes to their contact information, checking the email provided to the Firm regularly, and acknowledging that all communication by the Firm will be sent via email. The Firm is not responsible for any emails or correspondence that are not received by the Client due to their email system or any other problems. If the Firm withdraws as counsel, the Firm will provide the Client’s email address to the Trademark Office.

Client must enter accurate information when using Brandme’s website and supply it with an appropriate specimen of use and drawing specimen (if applicable). If you submit any information to Brandme that causes or would cause the Trademark Office to reject your application, or if you inform Brandme that you entered, or supplied Brandme with, incorrect information and need Brandme to correct your application with the Trademark Office, the processing of your application will be delayed until you meet the Trademark Office’s requirements and may cause you to incur additional fees.

Client hereby authorizes the Firm to file the trademark application through the Trademark Office’s online Trademark Electronic Application System (“TEAS”)  and submit documents and communications electronically on behalf of Client. If you do not want the Firm to use TEAS, then you should exit now and not pay for any services offered under this Agreement.

9. Data Policies.

The Firm may store the Client’s files on various platforms, including third-party cloud-based servers, and complies with professional cybersecurity and data protection obligations. Despite taking all reasonable precautions to ensure security, however, there is still a risk of exposure of confidential or privileged information. Client consents to the use of such storage services and accepts and assumes all risks related to technical difficulties when placing orders or submitting information, including privileged or confidential information, over the Internet.

10. Termination. Client may terminate this Agreement for any reason or no reason at all by giving written notice to the Firm. Such termination shall be deemed effective when received. Upon receipt of the termination notice, the Firm shall cease performing any services on Client’s behalf. Client agrees to execute and return a substitution of attorney form immediately if requested by the Firm. Upon termination, all Limited Services will be deemed completed.

The Firm may terminate this Agreement at any time for cause by giving Client written notice of the basis for such termination. In no event, however, will the Firm terminate this Agreement before it provides services for which it has received payment by Client, unless Client is issued a pro-rata refund for services rendered.

Either Party may terminate this Agreement if due to a material breach hereof by the non-breaching Party.

11. Withdrawal. In the event that the Firm terminates this Agreement for any reason before the end of the Term, and the Firm has filed a trademark application on Client’s behalf that has not yet registered, the Firm will withdraw as the attorney of record with the Trademark Office.
12. No Guarantee. The Firm does not provide any guarantee for the outcome of any trademark application prosecuted or search conducted. There is no assurance that a trademark application will result in the registration of the proposed mark, that any Office Action refusal will be overcome, or that conducting a search will improve the chances of registration. Any statements made by Brandme should not be construed as a promise or guarantee, and opinions offered in the future will not constitute a guarantee.
13. Disposal; Unless otherwise provided by law, the Firm retains the right to dispose of your file, without further notice to you, two years after the matter is concluded. You acknowledge that it is your sole and exclusive responsibility to notify your insurance carriers (liability, property, directors and officers, and other coverage) of any and all claims and causes of action made or brought against you. You agree to hold the Firm harmless from any loss of insurance for any failure to tender to, notify or pursue your carrier(s).
14. Disputes. This Agreement and its attachments shall be governed by and interpreted pursuant to the laws of the State of New York, excluding its conflict of law principles. In the event of any dispute or controversy between or among the parties to this agreement, the Parties consent to the exclusive jurisdiction of the courts of the State of New York located in New York County for the resolution thereof (other than a Part 137 arbitration, if any, as set forth below).

You have a right to arbitrate any fee dispute with us when the amount involved is between $1,000 and $50,000 (both inclusive) as provided in Part 137 of the Rules of the Chief Administrator of the New York State Courts, a copy of which will be provided upon request.

15. Miscellaneous. The terms of our engagement cannot be amended, discharged, or terminated orally and this Agreement and its attachments represent our entire understanding, superseding all prior agreements and discussions. The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Firm. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you. If any provision herein is deemed invalid, illegal, void, or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions herein. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.

Attached hereto is a copy of the Statement of Client’s Rights pursuant to the Joint Rules of the New York State Appellate Division.

STATEMENT OF CLIENT’S RIGHTS

• You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and nonlawyer personnel in your lawyer’s office.
• You are entitled to have your attorney handle your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to discharge your attorney and terminate the attorney-client relationship at any time. (Court approval may be required in some matters, and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge.)
• You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
• You are entitled to be charged a reasonable fee and expenses and to have your lawyer explain before, or within, a reasonable time after commencement of the representation how the fees and expenses will be computed, and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement for fees and expenses that you find unsatisfactory. In the event of a fee dispute, you may have the right to seek arbitration; your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.
• You are entitled to have your questions and concerns addressed promptly and to receive a prompt reply to your letters, telephone calls, emails, faxes, and other communications.
• You are entitled to be kept reasonably informed as to the status of your matter and are entitled to have your attorney promptly comply with your reasonable requests for information, including your requests for copies of papers relevant to the matter. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter and make informed decisions regarding the representation.
• You are entitled to have your legitimate objectives respected by your attorney, in particular, the decision of whether to settle your matter is yours and not your lawyer’s. (Court approval of a settlement is required in some matters.)
• You have the right to privacy in your communications with your lawyer and to have your confidential information preserved by your lawyer to the extent required by law.
• You are entitled to have your attorney conduct himself or herself ethically in accordance with the New York Rules of Professional Conduct.
• You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin, or disability.