Terms and Conditions Trademark Package
1. Parties: This Agreement is made between RPB Law, PLLC ("Law Firm") and you (the "Client") and is effective as of the date you agree to these terms and conditions.
2. Scope of Representation: The purpose of our representation is to assist the Client in connection with the preparation and initial filing of the Client’s federal trademark application, subject to the Client providing accurate and complete information to complete such filing.
3. Fee: The Flat Fee for the Legal Services agreed to by the Law Firm and Client is $1497 less any applicable discounts for the preparation and filing of one (1) trademark. The Fee is earned upon receipt and nonrefundable. The legal fee includes the government filing fee for one (1) classification of goods or services. For any additional classes of services or goods you wish to file, there will be a flat legal fee of $479 plus approximately $250 for the government filing fee.
4. Additional Fees Notice: If the Client chooses an "Intent-to-Use" application, the USPTO requires a Statement of Use filing fee currently subject to a $100 government filing fee. This retainer does not cover Substantive Office Actions requiring legal arguments or proceedings before the Trademark Trial & Appeal Board. If necessary, the Client will be responsible for USPTO fees associated with extension requests (for missed deadlines) or failure to meet USPTO application requirements.
5. No Guaranty: The Law Firm nor its representatives have promised or guaranteed the outcome of the Client’s matter. Payments to the Law Firm are not contingent upon the results, and legal service fees are non-refundable. Filings may be rejected by the government for any reason. The Law Firm will make best efforts to resolve such matters but does not make any guarantees of success.
6. Limitation of Liability: (a) In no event shall the Law Firm be liable to the Customer or to any third party for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not the Law Firm has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. (b) In no event shall the Law Firm's aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the Law Firm pursuant to this Agreement.
7. Governing Law: All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
8. Force Majeure: In the event that the Law Firm is unable to perform its obligations under this agreement due to circumstances beyond its control, it shall not be held liable. The affected party shall promptly notify the other party of the force majeure event and take reasonable steps to mitigate its impact. Once the force majeure event ceases, both parties shall resume their obligations under this agreement.
9. Entire Agreement: 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. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties. By clicking to agree, the Client acknowledges that they have fully read and understood the Agreement and hereby agree to the terms and conditions set forth herein.