Trademark Services Agreement

1.1. Phase One consists of a thirty (30)-minute initial trademark consultation scheduled through the Firm's online system. The fee is $150.00, payable at booking. The consultation is informational only and does not guarantee registrability or obligate either party to proceed to Phase Two or Phase Three.

1.2. The $150.00 consultation fee will be credited toward the Phase Three attorney fee only if Client proceeds to a USPTO application. It is not credited toward Phase Two.

2.1. Cancellations with more than 24 hours' notice: Full refund.

2.2. Cancellations with less than 24 hours' notice: $50.00 forfeited; $100.00 refunded.

2.3. No-shows (failure to appear without notice): Full $150.00 forfeited. No exceptions. The Firm may, in its sole discretion, allow one reschedule.

3.1. Phase Two is optional. Upon written engagement and payment, the Firm will:

• a. Conduct a comprehensive clearance search (USPTO TESS/TSDR, state registries, and selected common-law sources);
• b. Provide a written Trademark Memorandum summarizing results, likelihood-of-confusion analysis, registrability assessment, class recommendations, and next-step guidance.

3.2. The flat fee for Phase Two is $750.00. This fee is non-refundable once the search is initiated. "Initiation" occurs upon the Firm beginning the search or ordering any third-party search components.

4.1. Phase Three is optional and requires Client's separate written authorization. Services are limited to:

• a. Preparation and electronic filing of one federal trademark application (one mark, up to the number of classes specified) with the USPTO under the selected basis;
• b. Coordination of specimen submission (if Section 1(a));
• c. Notification of USPTO correspondence and material deadlines;
• d. Response to one (1) initial non-substantive USPTO Office Action (e.g., minor formalities, identification clarifications, or disclaimers).

Mark: _______________________________________________

Goods/Services: _______________________________________________

International Class(es): _______________________________________________

Filing Basis: ☐ Section 1(a) — Use in Commerce ☐ Section 1(b) — Intent to Use

4.2. Exclusions (not included; require a written change order and additional fees at $372/hour or a new flat fee):

• a. Any substantive Office Action responses (likelihood of confusion, descriptiveness, specimen issues, etc.);
• b. Responses to more than one Office Action;
• c. Appeals, TTAB proceedings, or opposition defense;
• d. Multiple marks or additional classes beyond those authorized;
• e. Amendment to allege use, Statement of Use, or extensions (client pays USPTO fees directly);
• f. Post-registration maintenance or monitoring.

Any work outside the above scope requires a signed change order before commencement; otherwise, it will be billed at the Firm's hourly rate of $372.

5.1. Phase One: $150.00 (creditable toward Phase Three as noted).

5.2. Phase Two: $750.00 (non-refundable once search initiated).

5.3. Phase Three Attorney Fee: $1,500.00 (reduced to $1,350.00 if Phase One completed). All attorney fees are due in full prior to filing and are non-refundable once the application is submitted to the USPTO.

5.4. USPTO Fees (Client's responsibility, paid directly or reimbursed):

• a. Base filing fee: $350.00 per class (2025–2026 rate). Additional surcharges may apply for non-ID Manual descriptions, insufficient information, or lengthy goods/services lists.
• b. Statement of Use / Amendment to Allege Use / Extensions: Current USPTO rates per class (Client pays directly).

5.5. "Commencement" for non-refundability occurs upon the earliest of: beginning the search (Phase Two), drafting the application (Phase Three), or any USPTO communication. After commencement, fees are earned and non-refundable (except as required by Florida Rules of Professional Conduct, with a written accounting provided). Pre-commencement termination allows retention of a $250 administrative fee.

5.6. Payments are due upon invoicing. The Firm may suspend services (with notice) if Client fails to pay any amount within 5 business days.

Client must:

• a. Provide accurate, complete information and specimens promptly (within 5 business days of request);
• b. Respond to all Firm communications in writing within 5 business days;
• c. Accurately disclose current use in commerce when selecting filing basis;
• d. Notify the Firm immediately of any changes in mark use or status;
• e. Maintain current contact information with the Firm and USPTO.

Client acknowledges that timely cooperation is essential. The Firm is not responsible for delays or adverse outcomes caused by Client's failure to meet these obligations.

USPTO examination typically takes 8–18+ months. The Firm cannot control USPTO timing or decisions. The Firm makes no guarantee of registration or any specific outcome. The Trademark Memorandum is an assessment based on information available at the time and does not guarantee registrability.

Either party may terminate upon written notice. If Client terminates after filing, Client remains responsible for all USPTO fees incurred. The Firm may terminate for good cause (non-payment, non-cooperation after 5-business-day cure notice, or ethical conflict) without refund of earned fees. Upon termination, the Firm will deliver completed work and provide a status update.

The Firm's total liability is limited to the total fees paid by Client under this Agreement. The Firm is not liable for indirect, consequential, or punitive damages. This limitation does not apply to the Firm's fraud or willful misconduct.

Client agrees to indemnify, defend, and hold harmless the Firm from any claims, losses, or expenses (including attorneys' fees) arising from Client's breach of this Agreement, inaccurate information, or use of the mark.

This Agreement is governed by Florida law. Disputes will be resolved in the state or federal courts of St. Johns or Duval County, Florida. This document is the entire agreement. Electronic signatures are binding. Non-refundable fees are confirmed in writing as required by Florida Rule of Professional Conduct 4-1.5; the parties intend that fees are earned upon commencement as described.