The client retains the law firm of Dawsey Co., LPA, (Attorney), for representation pertaining to the performance of TheTrademarkFirm.com’s US trademark registration renewal services for the fee of itemized above (FEE), due upon signing this Agreement. Client understands that they must first closely review all the goods and services listed in the registration and inform Attorney of any goods or services no longer in use with the registration, as such goods and services must be removed prior to the renewal (or additional costs and headaches are likely to occur).
Client must submit a specimen for each good and service listed in the registration. The trademark office is very particular about what they will accept as a proper specimen, and Client understands that submitting questionable specimens will likely result in problems with the renewal process. The trademark office prefers photographs of actual products and services when applicable; and purely electronic specimens that have not physically existed in association with the goods and services will be closely scrutinized. Thus, attempting to renew a registration listing a lot of goods and/or services will require work on the part of the Client, but anything less will result in headaches and may impact the validity of the registration. A specimen is a sample of how the trademark is being used in commerce. In other words, a specimen is an actual example of the trademark that captures exactly how it would be encountered by purchasers of the goods or services. Proper specimens for goods include labels or tags affixed to the goods, containers for the goods, or a display associated with the goods. For services, a proper specimen may include advertisements, brochures, billboards, handbills, direct-mail leaflets, menus (for restaurants), or possibly web pages. We can’t emphasize enough that good specimens are key to the renewal process, as is eliminating goods and/or services from the registration that are no longer offered or supported by proper specimens.
The FEE includes the preparation and filing of the renewal paperwork, but does not include responses to office actions or audits associated with the renewal process (if they should occur — generally associated with poor specimens). Upon receipt of an office action or audit requirement, Attorney will contact client and provide a quote to respond to such requirements. Client understands that there are no guarantees regarding the success of Attorney’s efforts with respect to renewing a trademark registration, as the success or failure of such renewal largely depends on whether Client is properly using the mark on the listed goods and/or services and whether proper specimens have been provided by Client, and Client authorizes Attorney to represent them before the US trademark office.
The Client understands that if the renewal is accepted, there will be subsequent renewal requirements that Attorney will outline for the Client. To the best of its ability, the Attorney will endeavor to remind the Client once of such maintenance requirements. All communication from Attorney to Client will be via email and it is the responsibility of the Client to keep the Attorney informed of any changes to the Client’s email address, however it is ultimately the Client’s obligation that subsequent renewals are performed and therefore Client should docket such renewals.
The Client understands that any additional work requested by Client, will be billed at the hourly rate of $195 for time actually devoted to the service of Client, together with reimbursement for all expenses pertaining thereto. Any dispute arises from the Agreement shall be governed by the law of the State of Ohio and shall take place in Columbus, Ohio.
If you have any questions concerning this Fee Agreement, please call 1-614-288-6280 ext. 10.
