1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Gerben Law Firm, PLLC ("Attorney") and You ("Client") and is effective as of the latest date of signing by Client.
2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client are: (i) The monitoring of trademark filings made by third parties with the United States Patent and Trademark Office to identify trademarks which may infringe on the rights You have in the Trademark; (ii) Conducting an annual review to ensure no unauthorized "use" of the Trademark is occurring; (iii) Conducting an annual review to ensure the "use" of your trademark is acceptable under trademark law, and (iv) Notifying You of any renewal filing required for the Trademark which occurs during the term of this agreement (the "Legal Services"). Attorney will provide You with an email report each quarter. Any additional services are at an additional fee.
3. LEGAL FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $395.00 USD per year (the "Flat Fee"). The rules of professional conduct for attorneys in the District of Columbia in the United States of America require that unearned clients fees advanced by clients to attorneys be kept in a separate "trust" account until the fees are earned and/or the representation terminated by either party. This is because funds held in a trust account are generally protected from a law firm's creditors and cannot be spent until earned. For these reasons funds held in a trust account are more readily available to be refunded to clients. However, clients may waive this requirement. Due to the small nature of the Flat Fee and the administrative issues involved with moving the money between accounts, You hereby waive the requirement and allow the funds to be deposited into Gerben Law Firm, PLLC's operating account. By waiving this requirement the Flat Fee becomes property of Gerben Law Firm, PLLC upon receipt. The Legal Services are completed and the Flat Fee is earned when Attorney provides the Legal Services to You as described above. You may be entitled to partial refund if You terminates this agreement prior to the completion of Attorney completing the Legal Services
4. WORK PRODUCT: The writings, notes, memoranda, reports of conversations, research and confidential materials which we prepare will be ours alone, to be maintained in strict confidence and under the provisions of the attorney-client privilege.
6. TERMINATION: As is appropriate in any professional relationship, You may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well.
7. ENTIRE AGREEMENT / SEVERABILITY. This Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties. 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.
8. FORM OF SIGNATURES.This agreement may be executed by the parties in electronic counterparts.
By providing your email address above you agree that GERBEN LAW FIRM may contact you with important information and deadlines via the email address provided. A receipt of this transaction will also be emailed to you.
Agreed to and Accepted by:
- Gerben Law Firm, PLLC:
Joshua M. Gerben, Esq
March 23rd, 2019
Please Type Your Name Here:
Your credit card will be charged $395.00 once per year on March 23rd unless I request GERBEN LAW FIRM, PLLC to discontinue the Legal Services.