Terms & Conditions
Not the most enjoyable read, but hey, lawyers know how important it is to be clear about their services.
- THE PARTIES & EFFECTIVE DATE
- This Agreement is made between Kulseth Law P.L.L.C. doing business as Mighty Marks (“Attorney”) and You (“Client”) and is effective as of the latest date of signing by Client.
- NATURE AND SCOPE OF SERVICES TO BE PROVIDED
The Legal Services to be provided by Attorney to Client are consultation time of up to thirty minutes regarding the proposed trademark, completion of a comprehensive federal and common law trademark search, drafting of an opinion letter as to the registrability and availability of the proposed mark based on said search results, preparation of Client's trademark application, and if filed, tracking Client's trademark application and responding to nonsubstantive Office Actions issued by the USPTO which require thirty minutes of time or less to answer ("Legal Services"). Attorney is not responsible for prosecution due dates or trademark renewal dates. All additional services are at an additional charge. Attorney will perform the Legal Services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. Client will cooperate with Attorney, be available as requested, provide necessary declarations and files, promptly pay all fees and costs, and keep Attorney informed of Client’s whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times. Client understands the Legal Services provided by Attorney do not guarantee registration of Client’s trademark. Client agrees that if the proposed trademark is registered Client is solely responsible for any future renewal deadlines and Attorney will not remind Client of said deadlines.
- WEBSITE DISCLAIMER!
- The information contained in this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such. The content of this website is informational only and may not precisely reflect current legal developments. The viewing of this website or communication from a viewer via email or internet does not constitute an attorney-client relationship between the viewer and Kulseth Law P.L.L.C.
Flat Fee for the Legal Services agreed to by the Attorney and Clients is
$1,850.00 USD (the “Flat Fee”). Attorney,
at its discretion may offer discounts for the Legal Services. If Client wishes to file the proposed
trademark in additional international classes Attorney and Client agree the fee
is increased $1,250 per international class.
If client chooses to submit an intent-to-use application, as opposed to
an actual-use application, the Client will pay Attorney an additional fee. The additional fees covered under this Legal
Service agreement include filing a request for a six-month extension per class
($295), filing an amendment to allege use per class ($195), Filing a statement
of use per class ($195), and Petitions to the Director per application ($195). All additional services are at an additional
charge. The rules of professional
conduct for attorneys in the state of Minnesota require that unearned clients
fees advanced by clients to attorneys must be kept in a separate “trust”
account until the fees are earned and/or the representation is terminated by
either party. However, clients may waive
this requirement. Due to the small
nature of the Flat Fee, as well as the administrative issues involved with
moving the money between accounts, You hereby waive the requirement and allow
the funds to be deposited in Kulseth Law P.L.L.C.’s operating account. By waiving this requirement the Flat Fee
becomes the property of Kulseth Law P.L.L.C. upon receipt. The Legal Services are completed and the Flat
Fee is earned when Attorney provides the trademark search report and opinion
letter to Client. At this time, based
upon the findings of the opinion letter, Attorney may also send the completed
trademark application to Client with filing instructions. Client may be entitled to partial refund if
the Client terminates this agreement prior to the completion of Attorney
completing the Legal Services.
- OF COUNSEL & JOINT ATTORNEY AFFILIATIONS PERMITTED
- Attorney, at its sole discretion, may retain co-counsel or "of counsel" services to assist with the Legal Services. If Attorney decides to retain or work with another attorney or law firm on the Client's matter, Attorney and the third party will share fees 70/30 with 70% going to Kulseth Law P.L.L.C. As is appropriate in any joint representation or "of counsel" relationship, both law firms are responsible the Legal Services and may each be liable for malpractice claims.
- COSTS AND/OR EXPENSES
- US federal government application fees are in addition to the above stated legal fees. The US federal government application fee is either $250 or $350 per international class for trademark filings.
- WORK PRODUCT
The work product of Kulseth Law P.L.L.C. including research, writings, memoranda, notes from conversations, and all other confidential material will be maintained in strict confidence under the provisions of the attorney-client privilege.
As is appropriate in any professional relationship, Client may terminate this engagement at any time upon reasonable notice to Attorney, and Attorney retains the right to terminate this Agreement as well. In the event Client terminates this representation, Client agrees to pay all bills thereafter rendered covering expenses incurred prior to termination.
- ENTIRE AGREEMENT / SEVERABILITY
- 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. If a provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
- FORM OF SIGNATURES
- The Agreement may be executed by the parties in electronic counterparts. For purposes of this signature, attorney Matt Kulseth, of Kulseth Law P.L.L.C. doing business as Mighty Marks, agrees to and accepts the terms and conditions. Client signifies its signature by providing its name in the Mighty Marks' application and accepting the Terms and Conditions.
- T&C Version: 08/16/2022 to Present