Last updated: January 19, 2024

  1. Material Part of Engagement Agreement. These Terms of Business are material to the Firm’s Engagement Agreement when expressly incorporated into the Engagement Agreement by reference.  By signing the Firm’s Engagement Agreement that expressly incorporates these Terms of Business by reference the Client agrees to be legally bound by these Terms of Business as if set forth entirely in the Engagement Agreement.
  2. Posted Terms.  These Terms of Business do not replace the Firm’s Terms of Use, Terms of Service, Trademark Supplement, Privacy Policy, or any other terms posted on the Firm’s website (“Posted Terms”).  If any Terms of Business conflict with the Firm’s Posted Terms, the conflicting provision in these Terms of Business shall control but only to the extent of conflict. 
  1. Professional Relationship.
      • The Firm will perform the Services specified in the Firm’s Service Order in a professional manner consistent with applicable Rules of Professional Conduct but does not guarantee any specific outcome.
      • The “applicable Rules of Professional Conduct” shall mean the Maryland Rules of Professional Conduct or the United States Patent and Trademark Office (“USPTO”) Rules of Professional Conduct, or both.  On matters before the USPTO, the USPTO Rules of Professional Conduct shall prevail over the Maryland Rules of Professional Conduct to the extent of any conflict.
      • Client shall communicate with the Firm accurately and timely via telephone (landline or mobile), text message, facsimile, email, or other means, and promptly communicate Client’s risk tolerances on issues the Firm raises for Client’s consideration.
      • All Services will be performed based on Client’s provided information, the Firm’s knowledge of and experience dealing with applicable law, its available research tools, and the timeframe within which Client desires the Services to be performed. If Client requests expedited Services, the Firm will perform in good faith but under the circumstances may need to render advice or take action without having time to complete all or any legal or factual research.  The Firm’s general advice on any subject may not apply to other specific situations, and any advice given may change if the facts change or there is new applicable case law, legislation, or regulations.  The Firm will not be responsible for Client’s use of the Firm’s work product for purposes not described in the Client’s Service Order.
      • Client shall be solely responsible for protecting Client’s technology systems, devices and software from viruses and other cyber security risks.
      • The time for the Firm’s performance of any “RUSH” Services specified in the Client’s Service Order starts upon the Firm’s receipt of Client’s payment in full as stated in the Service Order.  Although the Client’s Service Order may be fully signed by Client and the Firm, if the Firm does not receive Client’s payment in-full, the Firm shall have no obligation to commence performing any Services.  Subject to applicable Rules of Professional Conduct, even if the Firm, in good faith, commences performance of any Services prior to receipt of Client’s payment in-full, the Firm shall have no obligation to continue performing and may suspend and terminate all Services in the Firm’s sole discretion at any time prior to accepting the Client’s payment in-full.  Credit and debit card payments submitted to the Firm will be deemed received by the Firm when funds reach the Firm’s bank account.
      • The Firm and Client are independent contractors.
  1. Licensed Jurisdictions. The Firm is licensed to practice law in Maryland, Virginia, District of Columbia, Florida, California, and all United States federal jurisdictions, including practice before the USPTO on trademark matters (“Licensed Jurisdictions”).  Any information the Firm may provide Client on law outside the Licensed Jurisdictions, shall not be considered legal advice or legal opinion.
  1. Trust Account. The Firm shall deposit Client funds paid in advance in the Firm’s trust account and, absent dispute, will withdraw Client funds to pay for the Firm’s fees and costs billed to Client.  If Client requests additional services, the Firm may request advance payments on Client’s account as a condition to performing additional services.  The Firm shall apply any Client funds in its trust account to its final invoice.  Upon completion or termination of Services the Firm will return any surplus Client funds in the Firm’s trust account.  Should the Firm’s final invoice reflect a balance due after exhausting all Client funds in the Firm’s trust account, Client shall be responsible for promptly paying Client’s outstanding balance.
  1. Limited Scope of Representation. Absent a subsequent signed Service Order, the Firm’s responsibility to Client is limited solely to the Services specified in the Service Order.  The Firm shall not be responsible for: (i) Client’s choice of Mark; (ii) verifying truthfulness of Client’s specimens of use or other declarations made to the USPTO; (iii) enforcing Client’s rights against others; or (iv) any other Client matters related, or not, to Client’s Mark.  The Services shall be deemed complete as specified in the Service Order. 
  1. Financial Terms. Client must promptly pay all Firm invoices in U.S. dollars.  If the Firm learns of extraordinary facts or circumstances impairing the Firm’s usual and customary performance of the Services, the Firm will notify Client.  Attorney time necessary to address the situation will be billed at the Firm’s current hourly rate up to the amount Client pre-approves in writing, or the Firm may suspend or terminate Client’s Service Order.  Refunds of the Firm’s fees will be subject to the applicable Rules of Professional Conduct as determined by the Firm in good faith.  All USPTO filing fees, once paid to the USPTO, are non-refundable.
  1. Arbitration and Governing Law. Where allowed by law, any claim or controversy relating to these Terms of Business may be adjudicated by binding arbitration with the American Arbitration Association upon written request of either party prior to an entry of judgment.  Any arbitration proceeding will be held in the United States at the Firm’s office or other Firm selected location.  Any court having jurisdiction may enter judgment on any award.  Maryland law shall govern this agreement without regard to any conflicts of laws rules.  This agreement shall be construed in the English language even if a foreign language translation is provided. 
  1. Termination. Client may terminate the Firm’s Services at any time by written notice to the Firm.  If Client does not promptly pay the Firm’s invoices, or professionally communicate and cooperate with the Firm, the Firm reserves the right to immediately suspend all Services.  The Firm may also withdraw from representation after reasonable notice to Client or promptly if the Firm believes in good faith that Client has intentionally or negligently provided misleading or inaccurate information about matters affecting the Services.  The Firm may destroy its records pertaining to its Services one (1) year after termination of Services (“Record Destruction Date”).  The Firm will not be liable for destroying any records at any time before the Record Destruction Date provided the Firm keeps electronic copies of the records up to the Record Destruction Date.  On Client’s termination of the Firm’s Services, the Firm will deliver to Client all records and property the Firm is obligated to deliver.  Client shall pay the Firm, in advance, its regular rate for reviewing Client record(s) and copying and delivering the same to Client or any new attorney Client specifies in writing, and for any other services Client requests during the winding up of the Firm’s relationship with Client.  The Firm’s work product will remain the Firm’s sole property. 
  1. Electronic Signatures. The parties acknowledge that their electronic signatures manifest their respective intent to conduct business electronically with each other in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-Sign), 15 U.S.C.A. §§ 7001-7031 (Supp. 2001), and understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form, and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement.