TRADEMARK ATTORNEY CONTINGENCY FEE AGREEMENT

1. THE PARTIES. The following Contingency Fee Agreement (“Agreement”) is made between Jeffrey Herman (“Attorney”) and {Client} (“Client”).

2. PROFESSIONAL UNDERTAKING. Attorney is a member in good standing of the Supreme Court of the United States and has expertise in Federal trademark law. Attorney agrees to undertake the legal and professional responsibility of preparing, filing, and prosecuting a U.S. Federal Trademark Application (“TM Application”) on Client’s trademark candidate {Trademark} in association with {Goods}. Attorney will have primary responsibility for this matter. Attorney may utilize other attorneys, paralegals, and consultants where appropriate.

3. FEE AMOUNT. The legal fee of ONE THOUSAND DOLLARS $1000USD (“Contingency Fee”) is the award Attorney is entitled to and is earned when Client’s TM Application receives a Notice of Allowance from the United States Patent & Trademark Office.

4. AGREEMENT TERMS. The Contingency Fee is due in full on agreement by Client. Attorney shall retain Contingency Fee funds in Attorney’s escrow account. Attorney will then conduct research and analysis of Client’s trademark information. Attorney will then decide whether to accept or decline Client’s TM Application. a. If Attorney TM Application, Attorney shall inform Client within 48 hours from agreement. Attorney shall then prepare Client’s TM Application. Attorney and Client will collaborate to ensure Client’s TM Application is accurately and strategically prepared prior to filing. During this time, there are no fees for phone calls or emails concerning Client’s TM Application. b. If Attorney declines TM Application, Attorney shall immediately return Contingency Fee in full to Client and explain the reason why. This means, not only will Client be made completely whole and will also receive the value of Attorney’s trademark clearance search services at no cost.

5. CONTINGENCY FEE INCLUDES OFFICE ACTIONS. The Contingency Fee paid by Client includes legal counsel and response to any Office Action (minor or substantive) which may arise during the prosecution of TM App. The Contingency Fee does not include any legal matter that is resolved by the Trademark Trial and Appeal Board (such as Opposition proceedings).

6. CLIENT RESPONSIBLE FOR USPTO FILING FEES. The Client is responsible for paying all USPTO filing fees associated TM Application. Be advised that the filing fee amount due at the time of filing Client’s TM Application is determined based on the number of international classes that are selected based on Client’s products and services. Typically, 1-2 classes are appropriate and should be budgeted for. Please click here for a list of all filing fees which may be due during the course of Client’s TM Application.

7. NO GUARANTEE. Although Attorney accepts this case with utmost confidence, Client understands that Attorney cannot guarantee a successful outcome in Client’s TM Application.

8. EMAIL COMMUNICATION. Attorney shall utilize email as the primary method of communication with Client. Important letters, notices, invoices, and receipts will all be sent to Client electronically to Client’s preferred email address. However, Attorney will mail Client trademark certificate once received by Attorney to Client’s mailing address. Client agrees to notify Attorney if Client prefers a different method of communication.

9. EARLY TERMINATION. Client may terminate Agreement and receive a full return of Contingency Fee if termination request is made in writing or email prior to Attorney’s Analysis as described in Paragraph 4. If Client terminates Attorney after Analysis but before Attorney files Client’s TM Application case, Attorney shall refund Contingency Fee to Client less $400 for Attorney’s services in conducting preliminary trademark research (Analysis). Client acknowledges that once Attorney files TM Application, the Contingency Fee is only returned if a Notice of Allowance is not received.

10. MISCELLANEOUS TERMS. This Agreement shall be governed under the laws of the State of California. The terms provided herein constitute the entire agreement. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding. 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. Client acknowledges that the extent of liability is the payment made for rendering professional trademark legal services.

11. FORM OF SIGNATURES. This agreement is executed by the parties in electronic counterparts and is effective the date and time when Client assents. A copy of this Agreement shall be provided to Client.