1. PARTIES / EFFECTIVE DATE. This Agreement is made between SOCAL AND THE DISTRICT LAW GROUP (“Attorney”) and You (“Client”). The effective date shall be the date of the latest signed Engagement Agreement. This Agreement will not be fully-executed unless and until written acceptance is confirmed via email to Client from Attorney.

2. SCOPE OF LEGAL SERVICES PROVIDED. This Engagement Agreement is for the purposes of Client hiring Attorney for the services defined as Responding to an Office Action. Responding to an Office Action service is defined to include the following: The legal services provided by Attorney to Client will include the drafting and submission of a response to one Office action issued by the United States Patent and Trademark Office (“USPTO”) that will address the issues raised by the examining attorney and thirty (30) minutes of non-substantive follow-up questioning with the examining attorney and/or Client to address any factual questions regarding the submitted response (“Legal Services”). All other services beyond the scope of services just described will incur an additional charge. Attorney will provide the Legal Services, respond promptly to Client’s communications, and keep Client apprised of all developments with the Client’s trademark application. Client understands that this is an application process, which could end in a denial of the Client’s trademark by the USPTO. The Legal Services are provided on a “best efforts” basis and there is no guaranteed outcome. The Client also understands that registered trademarks require maintenance. MAINTENANCE AND REMINDERS OF MAINTENANCE DEADLINES WILL NOT BE HANDLED BY THE ATTORNEY UNDER THIS AGREEMENT. All time estimates are based on averages. Client understands that each case is different and may require additional time for the Attorney to complete the service.

3. CLIENT’S PROMISE. Client agrees to work together with Attorney throughout this Agreement, to be available when requested by Attorney, provide needed declarations, pay all fees and costs associated with the application process, and keep Attorney aware of Client’s current contact information, including street address, telephone number(s), and email address at all times. Client’s failure to fulfill this promise, or any other promises within this Agreement, will lead to the termination of the Client-Attorney relationship by Attorney.

Client understands that Attorney does not recommend Client make large purchases and/or investments in their trademark until the trademark is approved by the USPTO. While Attorney will keep the Client updated as to the status of their application, sometimes these notifications are not immediate. Therefore, if at any time the Client would like to have a status update of its mark, it is the Client’s responsibility to contact the Attorney and request such status updates. Client understands and agrees that Attorney is not responsible for any and all investments made by the Client into their trademark.

4. LEGAL FEE. The fee associated with this agreement is determinative of what types of issues have been raised in the Office action. In accordance with the Rules of Professional Conduct of South Carolina and California, any fee associated with this agreement will be placed in an interest on lawyer’s trust account (IOLTA) until earned by Attorney. Client may be entitled to a refund of all or a portion of the fee if the agreed upon Legal Services are not provided. Attorney will return to Client any unearned portion of the fee. The legal fee is considered completely earned once Attorney submits the Office action response to the United States Patent and Trademark Office. Attorney may be entitled to partial payment should Client terminate the relationship prior to completion of the Legal Services.

For those Office actions determined to be substantive “complex” Section 2(d) likelihood of confusion or generic, descriptive, and/or misdescriptive refusals the legal fee associated with this agreement is nine hundred and ninety-nine dollars ($999.00 USD) per application. These types of Office actions include rejections based on:

• Section 2(d) refusal for likelihood of confusion.
• Section 23(c) and Section 45 Generic refusals.
• Section 2(e)(1) refusal for mere descriptiveness and/or misdescriptive;
• Sections 2(e)(2) or 2(e)(3) refusal for being merely geographically descriptive and/or misdescriptive.

5. GOVERNMENT FEES. Government fees are in addition to the above stated legal fees. Client shall pay the Government fee prior to application submittal. For Section 1(b) intent to use applications there will be additional Government fees that apply.Client understands that Government fees are also subject to change and such changes are out of the control of Attorney. For a complete list of up-to-date government fees please see http://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.

6. INFORMATION SUBMITTED TO USPTO AND/OR STATE TRADEMARK AGENCIES IS PUBLIC. Client understands that any and all information submitted to the USPTO and/or state trademark agencies is public information. Client does not have a right to privacy of said information. Client further understands that Attorney may make disclosures concerning the information submitted to the USPTO and/or state trademark agencies and this information is not privileged and/or confidential.

7. ADMINISTRATIVE FEES. Any and all administrative costs are the Client’s responsibility and are in addition to the above stated legal fees.

8. TERMINATION. As it is in any professional relationship, Client has the right to terminate the lawyer-client relationship and discharge Attorney at any time during the duration of this Agreement. Attorney reserves the right to terminate this Agreement as well. If Client chooses to terminate this Agreement, Client must provide reasonable notice to Attorney and agrees to cover the expenses incurred prior to the termination, including but not limited to, payment for Attorney’s partially completed Legal Services. Should Client terminate the relationship, Attorney has the option to charge an hourly fee of three hundred dollars ($300.00 USD) per hour on the services provided prior to termination up to the flat fee rate.

9. SEVERANCE. In the event that one or more of the provisions of this Agreement shall be found by a court of law to be unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the provision found to be unenforceable, illegal or invalid had never been contained in this Agreement.

10. COMPLETE AGREEMENT. This Agreement supersedes any prior or contemporaneous communications, representations or agreements between Attorney and Client and constitutes the complete and final agreement between the parties relating to this Agreement, this website or any services rendered by Attorney to Client. This Agreement contains the entire agreement of the parties. No other agreements, statements, or promises made on or before the effective date of this Agreement will be binding on the parties. This Agreement, and all terms herein, may only be modified by subsequent written agreement signed by both parties.

11. CONFLICTS / CLIENT CONFIDENTIALITY. Representation by Attorney is contingent on Attorney’s conflict check of Client. After confirmation that no conflict exists Attorney will send Client the fully executed Agreement via email. All the notes, writings, reports, research, and communications related to this matter will be maintained in strict confidence and are protected under the provisions of the Attorney-Client privilege.

12. GOVERNING LAW. This agreement shall be governed by the laws of the District of Columbia, without regard to its conflict of law provisions.

13. JURISDICTION. Should any dispute arise, the action shall take place in Charleston, District of Columbia.

14. SIGNATURES. The parties may execute this Agreement by electronic means and in electronic counterparts.

15. IOLTA LOCATION. Per Rule 1.15 of The California Rules of Professional Conduct, Client agrees that all fees paid shall be held in an IOLTA Account in the District of Columbia. until earned by the Attorney. Client agrees that they have a substantial relationship with District of Columbia. based on its relationship with the firm, which is a registered Professional Corporation in the District of Columbia.