Palmer Law, PLC

Trademark Consultation Agreement


Consultation Summary

Trademark Serial Number

 

Trademark Owner

 

The person or business identified in the trademark application, having the above Trademark Serial Number, as the owner of that trademark application.  If no such person or entity is identified therein, or if no valid Trademark Serial Number was entered, then the Trademark Owner shall be the person signing this Agreement.

Firm Duties

 

To be available at a mutually agreeable time to discuss with Trademark Owner possible solutions to resolve the most recent office action for the trademark application having the above Trademark Serial Number during a consultation of up to: 15 minutes long for a payment of $30; 30 minutes long for a payment of $55; or 45 minutes long for a payment of $75.

Flat Fee

 

$30, or $55, or $75, in accordance with the consultation length you choose after signing this Agreement.

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Thank you for seeking consultation with Palmer Law, PLC (the “Firm,” “we,” or “us”).  This Consultation Agreement ("Agreement") describes the basis on which we will speak with you.  The Consultation Summary above is provided for your convenience in reviewing the terms of this Agreement.  The person signing this Agreement acknowledges that they have the Trademark Owner's authority to sign this Agreement.

Client, Engagement Scope, & Termination.  A paid consultation with us shall not make you one of our clients or prospective clients.  However, to the extent there is a client or prospective client in this matter, it shall be the Trademark Owner (also referred to herein as “you”) identified in the Consultation Summary.  Persons and entities related to you or sharing your interests are not our clients.  The scope of our consultation and the only duties we have to the Trademark Owner are the Firm Duties identified in the Consultation Summary.  The consultation identified in the Firm Duties shall be considered satisfied if one such consultation discussion occurs, even if that discussion is shorter than the longest permitted length identified in the Firm Duties.  Our relationship under this Agreement automatically ends upon the Firm's satisfaction of the Firm Duties.

Fees & Payment.  We will perform this consultation for the Flat Fee identified in the Consultation Summary.  We will not perform any consultation before receiving the Flat Fee.  The Flat Fee, and any additional payments you make to us, shall be considered nonrefundable “advance fee retainers” within the meaning of Bd. of Pro. Resp. v. Reguli, 489 S.W.3d 408, 422 (Tenn. 2015) that are earned upon receipt.  Therefore, we will not refund the Flat Fee even if you cancel your consultation.  Our bills are due upon receipt.  If we are not promptly paid, we reserve the right to suspend further service to you until such time as we reach a resolution regarding payment. 

Advice about Possible Outcomes.  Our advice about various courses of action or results that might be obtained will be based upon, and therefore only as reliable as, the information and circumstances that you communicate to us.  You agree that you have not and shall not provide us with any confidential information in connection with this consultation.  You further agree that our advice will relate only to general guidance about how to resolve office actions of the type you may have received.  Unless and until you engage us to perform work on your behalf, you understand that we will not be implementing the advice we provide to you. 

Our advice is not a promise of what may happen in the future or a guarantee of future results.  We cannot guarantee that you will receive a trademark registration or that you will overcome an office action.  You are solely responsible for the actions you take based upon the advice you receive from us, and you agree that you will not hold us liable in any way for the results of those actions or your failure to act.

Conflicts of Interest.  Our consultation with you will concern possible resolution of an office action from the United States Patent and Trademark Office in a non-adversarial proceeding.  Therefore, we are not presently aware of any conflicts associated with consulting with you. 

However, it is possible that some of our present or future clients may have transactions or disputes with you.  You agree that the Firm may continue to represent or may undertake in the future to represent those clients in any matter not substantially related to our work for you, even if the interests of such clients in those other matters are directly adverse to you or a related entity, and even if such representations would be simultaneous. 

You further agree that the Firm may continue to represent, undertake to represent, or consult with individuals, prospective clients, and actual clients in registering or policing trademarks you believe are similar to your trademarks.  Indeed, you agree that the Firm’s work in representing other clients in connection with trademarks you believe to be similar to yours does not—due to the similarity of the marks alone—cause our work for those clients to substantially relate to our work for you. 

However, your prospective consent to conflicting representations will not apply when, as the result of our consultation with you, we have obtained sensitive, proprietary, or other confidential or non-public information that, if known to any such other client of ours, could be used in any such other matter by such other client to your material disadvantage, and if screening procedures and similar measures would be insufficient to protect and maintain the confidentiality of that information.  Please know that we have asked for similar agreements with our other clients to preserve our ability to consult with you.

Entire Agreement.  This Agreement constitutes our sole and entire agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings and agreements, both written and oral, under or by reason of this Agreement.

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Signature Certificate
Document name: Trademark Consultation Agreement
lock iconUnique Document ID: a7aa26b91c30510cb5d3d25bf3207b29c8d81916
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February 28, 2024 10:36 pm CDTTrademark Consultation Agreement Uploaded by Jason Palmer - noreply@palmer.law IP 2601:484:8100:21b0:4cf5:8724:7cf0:f936