By purchasing Legal 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:
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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 herein.​
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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.
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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 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 comprehensive 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 if necessary. Any additional searches will be billed at a rate of $497 per search. Alternatively, the client may elect to terminate the services of the firm and a full refund will be issued, less the fees for the trademark 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 per class (or the USPTO's current rate) shall be collected from the client prior to filing the application with the USPTO.
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TERM. A relationship between the Parties shall last until the official Trademark Certificate is received from the USPTO, a final denial is received, or the client chooses to abandon their trademark application. 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”) or engage the firm for an opposition proceeding or other negotiations regarding the trademark. 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. Furthermore, if you desire to retain the Firm for non-trademark work, a separate engagement agreement will be necessary.
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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.
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MINIMUM FEE PAYMENT. As a condition of the employment of Lawyer, Client agrees to pay $1,497 to Lawyer. This money is a minimum fee for the reservation of Lawyer's services, to insure that Lawyer will not represent anyone else relative to Client's legal matter without Client's consent, and for legal work to be performed for Client.
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Client understands and specifically agrees that: the minimum fee will be earned by Lawyer immediately upon payment and will be deposited in Lawyer's business account rather than a client trust account; the Lawyer will provide legal services to Client on an hourly basis or according to the Firm's legal fee schedule until the value of those services is equivalent to the minimum fee. Thereafter, Client will be billed for the legal work performed by Lawyer and his/her staff on an hourly basis or according to the fee schedule, and when Lawyer's representation ends, Client will not be entitled to a refund of any portion of the minimum fee, even if the representation ends before Lawyer has provided legal services equivalent in value to the minimum fee, unless it can be demonstrated that the minimum fee is clearly excessive fee under the circumstances.
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For a fee of $1,497 per trademark application, the Firm will provide the following services:

• Comprehensive Trademark Search and Legal Opinion
• Additional Search if your first choice is problematic (1 additional search is complimentary, thereafter searches are billed at a rate of $497/search)
• Attorney prepared and filed trademark application
• One class is included in your trademark application (additional classes are billed at a rate of $250 per class not including filing fees)
• Reasonable email and phone communication throughout the process
• Additional fees may apply as outlined in the Firm's fee schedule​

The total price of the trademark services outlined above does not include the government filing fee (currently $350 per class), which will be invoiced separately and must be paid prior to filing your trademark application.
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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.
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In most situations, these office actions can be resolved quite easily, and to the extent that your application receives a “non-substantial” office action that can be responded to in less than 60 minutes, the Firm will respond to those actions on your behalf at no extra cost to you. Any legal work (including drafting, or email and/or phone communications with the client or the examining attorney) that exceeds 60 minutes will be billed at the paralegal and/or attorney's prevailing hourly rate (currently $350 per hour) and are due upon receipt.
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However, in some cases the office actions are considered “substantial”. This means that they will require a substantial amount of time and legal work (typically 10-15 hours of legal research, evidence gathering and drafting) to properly 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. Upon receipt of an office action, the Firm will review the action, and advise you of 1) the likelihood of success in overcoming the action and 2) an estimated fee. Should you choose to have the firm proceed in drafting the response, the fee will be due immediately and earned upon receipt. Generally, the fee to draft a substantive response will range from $1,500 to $5,000 but could be more or less depending on the complexity of your individual case. This is a guideline and not a firm quote for legal services. Absent other arrangements, any work completed (whether to review the office action and/or to consult with you regarding your legal options) that exceeds one hour of time will be billed at the prevailing hourly rate of the attorney and/or paralegal.
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MANAGING OPPOSITIONS AND NEGOTIATIONS. Although rare, from time to time another party may step forward to oppose your proposed trademark during the examination stage of the process or after your trademark has been published. 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 prevailing hourly rate (currently $350/hour and subject to change) unless a separate fee arrangement is agreed to with the firm. Opposition proceedings are subject to a separate fee agreement.​
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REFUNDS. Client is responsible for full payment of all legal fees regardless of whether or not the Trademark is officially approved and registered.
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CONFLICTS. You are aware that the firm represents many other companies and individuals. You agree that we may continue to represent or may undertake in the future to represent existing or new clients in any matter that is not substantially related to our work for you, even if the interests of such clients in those other matters may be directly or indirectly adverse to you. We agree, however, that the prospective consent to conflicting representation contained in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained proprietary or other confidential information of a non-public nature, that, if known to such other client, could be used in any such other matter by such client to your material disadvantage. You should know that, in similar engagement letters with many of our other clients, we have asked for similar agreements to preserve our ability to represent you.
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ELECTRONIC CORRESPONDENCE. The Firm routinely sends and receives information through secure messaging via our case management system and client portal. We discourage the use of email in corresponding with clients because it is insecure. 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.
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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.
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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.
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ACCEPTANCE. This Agreement is deemed signed and accepted by Client upon payment of the fees.
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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.
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ASSIGNMENT. This Agreement may not be assigned by the Client without express written consent of the Firm.
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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.
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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 hiring the Firm. 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.
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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.
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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.
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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: May 1, 2024

 

Prior Engagement Contracts:

Through January 15, 2023
Through March 8, 2023
Through February 28, 2024
Through April 30, 2024