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Our Trademark Fee Policy Agreement


FEEF E E P O L I C Y ent A G R E E M E N T

MONTHLY BILLINGS. You will normally be billed monthly for services rendered, and cash disbursements advanced during the preceding month. Any unpaid trademark application charges must be paid in full prior to filing the trademark application.

FEE COMPUTATION. Each attorney in the firm will record time spent performing services for you, the client, including time spent conferring with you by telephone and otherwise, and this time is billed at the hourly rate assigned to the attorney. The hourly billing rates vary among the attorneys in our firm, and the rates are generally between $100.00 and $250.00 per hour.

FIXED FEES. Certain services may be billed at a fixed fee rather than an hourly rate, provided that a fixed fee is arranged for and quoted in advance. These services include patent and trademark searches. Fixed fees do not include any conference time.

COSTS AND DISBURSEMENTS. The above fees do not include any costs or disbursements. Costs and disbursements, including any copying charges, long distance telephone charges, postage, charges, filing fees and drawings, are recorded as incurred, for inclusion in the monthly billing.

ADVANCE PAYMENTS. For services billed at a fixed fee, and some fees estimated in advance, payment for the services and estimated costs and disbursements is requested before commencing work. All advance payments, including those for costs, expenses, and attorneys fees, are the property of the law firm when paid, and they shall not be commingled with funds or other property belonging to you.

TRADEMARKS. After a trademark application is filed, amendments may required by the Patent and Trademark Office. Charges for such amendments are separate from the trademark application preparation and filing fee charges. Additionally, should the application become allowed, there may be statutory declarations, statement of use declarations and other services such as registration of assignment fees and charges, which are also separate charges, and will be quoted when required. Of course, we cannot guarantee that a trademark will be granted on the application. Also, no trademark application charges are refundable for any reason.

PAYMENT SCHEDULE. All billings are due and payable when rendered. Any billing remaining unpaid for more than thirty (30) days is considered overdue, and interest may accrue on the unpaid balance at the rate of 1.5 percent per month from the due date until paid in full. Should any billing become more than thirty (30) days overdue, future services may not be rendered, without first making your account current with our firm.

WITHDRAWAL OF REPRESENTATION. As a condition of the firm's acceptance or continuation of representation, the firm reserves the right to withdraw representation if there is any overdue billing, upon giving reasonable advance notice of the intention to withdraw, and you agree not to contest in any manner, the firm's right to withdrawal under such circumstances. The attorney-client relationship is one of mutual trust, confidence and respect. Thus, you retain the right to discharge us as your counsel at any time for any reason. Likewise, we retain the right to cease representing you, for any reason, twenty days after giving you notice of our decision to withdraw. You agree to sign all paperwork necessary to effect our withdrawal. Should we withdraw for "cause" (including, but not limited to, your failure to follow our settlement or other significant advice, your failure to have informed us of any significant matters, or your failure to remain current on your fee and costs obligation to us, regardless of your financial circumstances), you will remain liable for all fees and costs incurred prior to our withdrawal.

INQUIRIES. We encourage questions about these policies.

GENERAL NATURE OF WORK TO BE PERFORMED. You have requested that we prepare and file a trademark application with the United States Patent and Trademark Office. We have agreed to provide such service on a fixed fee basis of $_______, which does not include costs for drawings and filing fees. This quoted attorney fee for our service does not include preparing additional documents after the filing of the application such as reviewing and responding to issued Office Actions, nor reminding you of filing statutory affidavits, or foreign filing rights. Such additional activities will only be undertaken with your specific approval and will be quoted in advance of any additional services being provided.

THE FOREGOING is understood, acknowledged and agreed to by the undersigned.

If you would like to engage our services to help you with determining whether your mark appears to be registerable, use our trademark information form to provide us with a brief description of the good or services that the mark will be utilized with and a brief description of the mark and whether the mark is in actual use or is merely intended to be used in the future. We will promptly reply by providing you with a fixed price quote for conducting a trademark search and for preparing and filing a trademark application on your behalf. All communciations with our office are held in the strictest confidence. See our trademark schedule of fees and our trademark fee policy agreement.