By purchasing Trademark Services from The Hart Law Firm, P.A. d/b/a Hawthorn Law (the “Firm”), you (the “Client” and collectively, the “Parties”) agree to the following terms of this Employment Contract (“Agreement)” which will take effect upon payment of the legal fees as outlined below:

SERVICES. Client agrees to abide by all policies and procedures as outlined in this Agreement. The Firm agrees to research and advise the Client on registering a specific word, slogan, name, logo or phrase with the United States Patent and Trademark Office (USPTO). The Firm will prosecute a Trademark application on behalf of the client as outlined in paragraph 3 below.

DISCLAIMER. The Firm does not and cannot guarantee that each word or phrase that Client applies for will be approved by the U.S. Government.

PROCEDURES. Once the client pays the fees to secure the services of the Firm, the Firm will send the client an online questionnaire to complete with additional information about the chosen word, slogan logo, or phrase that they would like to register as a trademark. Upon receipt of the completed questionnaire from the client, the Firm will undertake to conduct a comprehensive trademark search of the USPTO database and a common law search of the client's chosen name. The fee for this search is $497 and is included as part of the Trademark package. After concluding the initial name search, the Firm will prepare a written report with its findings and recommendations. If the Firm believes that the proposed mark cannot be registered, it will so advise the client, and the client may elect to proceed with the proposed mark, or an alternative mark. The Firm will provide one additional complimentary search. Any additional searches will be billed at $497 per search. Alternatively, the client may elect to terminate the services of the firm and a refund will be issued, less the cost of the initial search. Once advised and with the client's approval, an application for the proposed trademark shall be completed by The Firm and sent to the client for approval and signature. The client promises to respond to all draft applications within seven (7) calendar days. A filling fee of $350 shall be collected from the client prior to filing the application with the USPTO. Filing fees for additional classes shall be payable once the trademark has been preliminarily approved by the examining attorney.

TERM. A relationship between the Parties shall last until the official Trademark Certificate is received from the USPTO, or in the alternative, a final denial is received. An additional employment contract and legal fee will be required in the event that the Client wishes to appeal a final denial of the proposed Trademark to the Trademark Trial and Appeal Board (“TTAB”). Client understands that a relationship with The Firm does not exist between the Parties after the conclusion of the Service. If the Parties desire to continue their relationship, a separate agreement will be entered into.

TERMINATION. The Firm is committed to providing all clients with a positive experience. By entering into this agreement, Client agrees that the Firm may, at its sole discretion, terminate this Agreement and limit, suspend or terminate the Service if Client becomes disruptive or upon a violation of these terms by the Client. If Client decides to terminate this Agreement after an application has been filed, no refunds will be issued.

FLAT FEE PAYMENT. Client shall pay the Firm a flat fee as agreed to by the parties of $1,997 for one trademark application (Trademark Basic Plan) or $2,997 for one trademark application and one LLC filing (Trademark Premium Plan). Said fee reserves the Firm's services and is earned immediately upon receipt. The total price of this Service does not include the government filing fee (approximately $350 per class), which will be invoiced separately and charged to the client's credit card prior to filing the application. The client expressly authorizes the firm to charge their card on file for this fee upon execution of the trademark application. 

The fee listed above is for up to three (3) classes of goods or services. Due to the additional time required to prepare an application with multiple classes, there is an additional fee of $150 (not including filing fees) per class if your application exceeds 3 classes.

OFFICE ACTIONS. With most trademark applications, the USPTO will issue some sort of “office action,” or notice that requires a timely response before your trademark may proceed to registration.

In most situations, these office actions can be resolved quite easily, and to the extent that your application receives a “non-substantial” office action, the Firm will respond to those actions on your behalf at no extra cost to you.

However, in some cases the office actions are considered “substantial”. This means that they will require a substantial amount of time and legal work to respond to. In most cases, these substantial office actions will preliminarily refuse your application and a substantive written response is necessary to overcome the refusal. With our Trademark Guarantee, any response to such a “substantial” office action is also covered in your plan. Most other lawyers will charge thousands of dollars to respond to these preliminary denials.

If your application does receive a substantial office action, we will send you an email or secure message summarizing what that office action says and what your legal options are generally. We will also provide you with an opinion letter, in which case we will closely review the office action in conjunction with your application. We'll advise you on whether or not we think a response would be successful and what arguments would be included in such a response.

MANAGING OPPOSITIONS. Although rare, from time to time another party may step forward to oppose your proposed trademark during the examination stage of the process. Any fees to negotiate a resolution to this opposition, including drafting a co-existence agreement or other related legal document, will be billed at the lawyer's normal hourly rate (currently $350/hour and subject to change).

GUARANTEES for Trademark Basic and Trademark Premium Clients. Generally speaking, lawyers are prohibited from guaranteeing the outcome of any specific matter. And the Firm is unable to guarantee that your Trademark will register. However, for clients that sign up for our “Trademark Basic” plan, we promise that we will respond to ALL office actions issued during the application process and if we are unsuccessful in registering your trademark, we will file a new trademark on your behalf absolutely free, including filing fees. If you are a “Trademark Premium” client, we promise to refund the your legal fees for your trademark filing if your trademark is not approved.

REFUNDS. Client is responsible for full payment of fees regardless of whether or not the Trademark is officially approved.

CONFLICTS. It is possible that a conflict or potential conflict of interest may arise related to our engagement with you. In that event, we will notify you and discuss whether the Firm needs a waiver of such conflict from you and another client in order to continue with the representation, or whether the Firm must withdraw from representation of both clients due to our ethical obligations to each of you.

ELECTRONIC CORRESPONDENCE. The Firm routinely sends and receives information via email and secure messaging via our case management program. The internet does not provide a totally secure method of communication, and email may be copied and held by any computer through which it passes. Persons not participating in the communication may intercept emails, and emails stored on computers may be accessed by unauthorized parties. If you would prefer that we not communicate with you via email or would like to share files through an encrypted, password-protected system, please let us know at any time.

NON-DISPARAGEMENT. Client shall not make any false, disparaging, or derogatory statement in public or private regarding The Firm, its employees, or agents. The Firm shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with The Firm.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, regardless of the conflict of laws principles thereof.

ACCEPTANCE. This Agreement is deemed signed and accepted by Client upon payment of the fees.

SEVERABILITY. Each provision of this Agreement is severable. The invalidity or unenforceability of any provision, paragraph, subparagraph, sentence, clause, phrase or term of this Agreement shall not affect or impair the validity or enforceability of any other provision, paragraph, subparagraph, sentence, clause, phrase or term of this Agreement.

ASSIGNMENT. This Agreement may not be assigned by the Client without express written consent of the Firm.

FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, pandemic, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

CLIENT RESPONSIBILITY; NO GUARANTEES. Client indicates an understanding that the Firm has made no agreement or promise about the outcome or result of the matters it is handling on behalf of Client. Client understands that because of the nature of the Service, there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of the purchase. Client further understands that their attorney is an officer of the court and is bound by rules regulating the North Carolina Bar and the American Bar Association. Client acknowledges that while the firm accepts employment and shall render professional legal services to the best of their ability during such employment, the firm has made no guarantees in the disposition of any phase of the matter or matters for which they have been retained, as all expressions relative to it are only opinions, and this employment contract is not contingent upon a favorable outcome. Client agrees to fully cooperate with the attorneys; to do nothing that would compromise their professional ethics; and not to request or require the firm to do anything in violation of the Code of Professional Responsibility.

CLIENT COOPERATION. Client understands that their cooperation, as the client, is very important. Client has been informed that they must keep the firm informed immediately of any change of address, phone number, or any other circumstances that is relevant to the Firm’s representation of the Client. Client will promptly fill out and return all papers sent to them, and will provide all documentation required or requested by the firm. If Client fails to do so, Client agrees that the firm shall have the right to withdraw from representing the Client.

CLIENT’S DUTY TO INFORM FIRM IF MATTER NOT HANDLED PROPERLY. Client agrees to notify the Firm immediately in writing if Client feels or believes that any matter is not receiving proper attention or is otherwise not being properly handled or if Client suspects any misunderstanding about what the Firm is to do for Client.

We appreciate the opportunity to represent you in this matter. If you have any questions about any aspect of our work for You or our billing practices at any time, please let us know.

Updated: January 16, 2023

 

Prior Engagement Contracts:

Through January 15, 2023