Last updated: August 14, 2024

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 written Engagement Agreement that expressly incorporates these Terms of Business, the Client agrees to be legally bound by these Terms of Business as if set forth entirely in the Engagement Agreement.

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. 

Professional Relationship.

    • The Firm will operate in a professional manner consistent with applicable Rules of Professional Conduct including those applicable to pre-engagement consultations and communications between you and the Firm.  However, no pre-engagement consultation or communication shall obligate the Firm to represent you as a Firm Client.  You will not be a Firm Client unless you and the Firm sign the Firm’s written Engagement Agreement referencing a specific Service Order.
    • 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 USPTO matters, 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, email, or other means, and promptly communicate Client’s risk tolerances on issues the Firm raises for Client’s consideration.  Client promises to fully disclose and provide the Firm with information that the Firm can rely on as being truthful and accurate.  The Firm generally will accept Client information as truthful and accurate without independent verification but reserves the right to verify and question Client provided information as the Firm deems necessary.  The Firm shall not be obligated to act on Client’s instructions should the Firm have good faith concerns about any Client provided information or documentation.
    • 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.
    • The Firm’s general advice 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.  Should Client later initiate a payment dispute with Client’s card payment provider, the Firm reserves the right to promptly suspend and terminate all Services in a manner consistent with the applicable Rules of Professional Conduct.
    • The Firm and Client are independent contractors.

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.

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.  As Client funds in the Firm’s trust account are used to pay Firm invoices, the Firm reserves the right to request additional Client funds before continuing to perform the Services.  If Client requests new services, the Firm may request advance payments on Client’s account as a condition to performing any new services.  The Firm shall apply any Client funds in its trust account to its final Client 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.

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.  Unless otherwise expressly stated in the Service Order, flat fee Services for USPTO filings will be completed when the Firm obtains a USPTO filing receipt.  Should the USPTO refuse any filing, the Firm reserves the right to require Client to sign a new Service Order to engage the Firm to respond to the USPTO’s refusal.  Unless expressly stated in the Service Order, the Firm shall not be responsible for: (i) Client’s choice of Mark; (ii) conducting a clearance search on Client’s Mark; (iii) evaluating Client’s rights in any Mark or advising on proper use of Client’s Mark or the proper application of trademark symbols; (iv) monitoring USPTO filings for pending applications to register marks that may impair Client’s rights in any Mark; (v) enforcing Client’s rights in any Mark against others; (vi) notifying Client of USPTO registration maintenance filing deadlines; or (vii) any other Client matters related, or not, to Client’s Mark or other rights.

If Client’s Service Order includes filing a Declaration of Incontestability Under Section 15, then Client hereby represents that:

  • Client desires to renew the registration for the goods/services identified in the Service Order and authorizes the Firm to act as attorney of record on the registration and to make the filings with the USPTO as specified in the Service Order.
  • The mark is in use in commerce on or in connection with the goods/services or to indicate membership in the collective membership organization identified above, as evidenced by Client’s specimen(s) of use.
  • The Client’s specimen(s) show the mark as currently used in commerce for the goods/services/collective membership organization.
  • The mark has been in continuous use in commerce for five consecutive years after the date of registration, or the date of publication under 15 U.S.C. 1062(c), and is still in use in commerce for the purposes listed in the registration.
  • There has been no final decision adverse to the owner’s claim to the mark for the purposes listed in the registration, or to the owner’s right to register the mark or to keep the mark on the register for such purposes.
  • There is no proceeding involving Client’s ownership rights in the mark pending and not finally disposed of either in the United States Patent and Trademark Office or in a court.
  • To the best of the Client Authorized Person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
  • The Client Authorized Person being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the submission and the registration, declares that all statements made to the Firm for the above purposes are based on his/her own knowledge are true and all statements made on information and belief are believed to be true.

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.

Arbitration and Governing Law. Except for the Firm’s right to initiate collection proceedings against Client for earned and unpaid fees and other costs the Firm incurred on Client’s behalf, where allowed by law, any other 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. 

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. 

Electronic Signatures. The Client and the Firm each acknowledge that their respective electronic signatures applied to the Firm’s Engagement Agreement (whether via the Firm’s Clio practice management system, HelloSign, Dropbox, Docusign, or other e-signature provider) 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.