Terms of Engagement
Thank you for choosing Leverage Legal Group LLC (“LLG”) to assist you with your trademark registration. The purpose of this letter is to outline Leverage Legal Group’s terms and conditions of representation of your business. By signing this agreement, you irrevocably agree that this Engagement Letter becomes a binding contract between your business (“you”) and Leverage Legal Group (the “Agreement”), and applies to all legal services Leverage Legal Group will provide to you.
By checking the box on our order form, you are acknowledging that you have read, agree to and accept all of the terms and conditions contained in this Agreement.
THE PARTIES / EFFECTIVE DATE. This Agreement is made between Leverage Legal Group LLC ("Attorney") and You ("Client") and is effective as of the latest date of signing by Client.
LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. The Legal Services to be provided by Attorney to Client are the completion of a comprehensive federal, state and common law trademark search, drafting of an opinion letter based on the search results, consultation time of up to thirty (30) minutes regarding the search results, preparation and filing of Client's trademark application, tracking Client’s trademark application once filed, and responding to any “non-subtantive” Office Actions issued by the USPTO which require thirty (30) minutes of time or less to answer (“Legal Services”). 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 documentation, 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 this is an application process which could result in denial of the registration of Client’s trademark.
FEE. The Flat Fee for the Legal Services agreed to by the Attorney and Client is $950.00 USD (the “Flat Fee”). The rules of professional conduct for attorneys in the New Mexico in the United States of America require that unearned clients fees advanced by clients to attorneys be kept in a separate "trust' account until the fees are earned and/or the representation terminated by either party. This is because funds held in a trust account are generally protected from a law firm's creditors and cannot be spent until earned. For these reasons funds held in a trust account are more readily available to be refunded to clients. However, clients may waive this requirement. Due to the small nature of the Flat Fee and the administrative issues involved with moving the money between accounts, You hereby waive the requirement and allow the funds to be deposited into Leverage Legal Group LLC’s operating account. By waiving this requirement the Flat Fee becomes property of Leverage Legal Group LLC upon receipt. The Legal Services are completed and the Flat Fee is earned when Attorney provides the trademark search report and 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. The fee does not include any sales tax, nor costs or fees charged by government agencies, including any online or expediting fees, necessary to complete the work, such as the United States Patent and Trademark Office. Those fees are payable either directly to that agency or we will invoice you for the fee. Invoices become due within 5 days of receipt. You agree that all invoices may be sent via email and are deemed received on the day the email is sent. Any overdue fees will be charged a late fee of $25 a month and reasonable attorneys’ fees and costs for collection, if required. If you elect to expedite your Services with us, an additional fee will be required and must be pre-paid prior to or at the time we provide the Services to you.
By signing below, you authorize Leverage Legal Group to charge your credit or debit card, or cash your check, as indicated above immediately or at a later date. Credit card payments incur a 3% processing fee. Returned checks are considered a breach of this Agreement and for any returned check, you will be charged a $35 Returned Check Fee. No refunds will be issued under any circumstances and all payments must be paid on a timely basis. Failure to pay on time, including a returned check, constitutes a breach of this Agreement, at which time full payment becomes due immediately and Leverage Legal Group will cease work on your Services until your account is paid in full. Leverage Legal Group reserves the right to terminate this Agreement at any time in our sole discretion.
COSTS AND EXPENSES. Government fees are in addition to the above stated legal fees. The US Government fee is either $225 or $275 per international class for trademark application filings. Those fees are payable either directly to that agency or we will invoice you for the fee. Invoices become due within 5 days of receipt. You agree that all invoices may be sent via email and are deemed received on the day the email is sent. Any overdue fees will be charged a late fee of $25 a month and reasonable attorneys’ fees and costs for collection, if required.
CLIENT OBLIGATIONS. The information you provide to us is a critical part of our ability to provide you with excellent legal guidance under the Services. Without it, we cannot proceed with the Scope of Services. You represent and warrant that all information You provide to Leverage Legal Group is accurate and complete. You agree to provide all requested information in a prompt manner, and you acknowledge that Leverage Legal Group requires and will rely on the information provided by you to design and execute the steps necessary to complete the Scope of Services. Leverage Legal Group is not liable or responsible to you in any way - and you agree to hold Leverage Legal Group harmless - for the information you provide to us and that we therefore rely upon in rendering legal advice or legal services to You.
TIMING AND DURATION OF SERVICES. The timing and duration of our completion of the Scope of Services is dependent upon many factors, including the timing of your full payment of the Fee, your providing us with complete and accurate information as we request, and any follow up requests by us, and it also is dependent upon the complexity of your legal issues. We cannot promise or guarantee that we will have the entire Scope of Services complete within a specific number of days. We will strive to complete the work in as prompt a manner as is reasonably possible. Moreover, certain tasks, such as obtaining a registered trademark or copyright will take many months, and may require follow up work in order attempt to secure those items.
Leverage Legal Group may recommend an expedited filing or service for the Services or give you the option of an expedited filing or service for the Services. If you decline to expedite your filing or service for any reason or do not request an expedited filing or service, your Services may be delayed significantly than if you had expedited your filing or service. Processing times vary by state and are subject to change at any time due to a particular state’s submission volume. We may charge you an additional fee to expedite our services, which will be disclosed to you in writing and must be paid at the time of service. State and Federal entities may also charge an expedited fee in addition to their normal filing fees. Leverage Legal Group will advise you of these fees and obtain your authorization prior to filing. You will be responsible for any additional fees you have authorized at the time you are invoiced for normal filing fees. Authorizing Leverage Legal Group to perform an expedited filing does not guarantee that your filing can be expedited and does not guarantee your documents will be returned by the date expected. We will advise of the expected processing times provided by the state or federal entity you are filing with, however Leverage Legal Group will not be responsible for discrepancies in the processing time information given to the firm.
The completion of work, whether under normal or expedited timetables, may be delayed due to unforeseen circumstances. Leverage Legal Group is not responsible for delays due to state or federal processing rules and regulations, or causes beyond our control, including, but not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, internet outages, computer errors, electronic outages, third party system errors, acts of God and acts of Government.
ELECTRONIC SUBMISSION. In order to facilitate your Services, Leverage Legal Group attorneys and support staff will use online methods of submitting applications and documents wherever possible. Any associated fees may be passed on to you as outlined in the Scope of Services. In some instances, filing an application or document online may be a higher cost than filing by mail, and in some instances it may be a lower cost. Leverage Legal Group believes that filing online will provide the best service to you and is the most efficient way to fulfill our obligations to you under the Services. You may direct in writing that only a traditional paper filing be used. Leverage Legal Group will not be responsible for any lost or delayed filings due to a paper filing request. If we cannot accommodate a paper filing request due to state or federal processing rules and regulations, the nearest alternative method of filing will be utilized.
DISCLOSURE. Leverage Legal Group represents other individuals and businesses. You may view some of Leverage Legal Group's other clients as competitors. Unless disclosed in writing, Leverage Legal Group does not perceive any conflict in undertaking to represent you in connection with the matters described above, and it is understood that, although Leverage Legal Group may work on matters for other clients, confidentiality of your information will be maintained. If actual or potential conflicts of interest arise beyond those already disclosed to you by us, Leverage Legal Group will proceed in accordance with the applicable rules governing the legal profession.
PRIVACY AND CONFIDENTIALITY. Your relationship with Leverage Legal Group is governed by the rules of Attorney/Client privilege and all information provided to use in furtherance of this Agreement will be treated with the upmost care and confidence, per the applicable rules governing the legal profession.
By signing this agreement via our Trademark Order page, you agree (1) not to infringe any of Leverage Legal Group’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by any representative of Leverage Legal Group is confidential and proprietary, and belongs solely and exclusively to Leverage Legal Group , (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with Leverage Legal Group staff during the Services. You further agree that (4) all materials and information provided to you by Leverage Legal Group, including contracts, disclaimers, releases or other legal documents, are Leverage Legal Group’s confidential and proprietary intellectual property, belong solely and exclusively to Leverage Legal Group, and may only be used by you as authorized by Leverage Legal Group, and (5) the reproduction, distribution and sale of these materials in whole or in part by anyone but Leverage Legal Group is strictly prohibited.
Further, you agree that, if you violate, or display any likelihood of violating, any of the provision contained in this section of the Agreement, that any harm or threatened harm arising from those violations is irreparable and that Leverage Legal Group will be entitled to immediate injunctive relief to prohibit or stop any such violations to protect against the harm or further harm of such violations. In the event that Leverage Legal Group must seek legal or injunctive relief under this Agreement, you agree to pay all attorney’s fees and costs incurred by Leverage Legal Group in enforcing their rights under this Agreement.
CLIENT'S CONSENT TO BEING IDENTIFIED AS A CLIENT OF THE FIRM. Information about Leverage Legal Group’s experience and expertise is often requested by and provided to clients and prospective clients, and it is helpful to be able to identify past and current clients and matters in specific practice areas. For example, Leverage Legal Group and its attorneys sometimes refer to clients they represent on the Leverage Legal Group website, in biographical information prepared for online directories and websites, as well as promotional marketing materials and conversations. Leverage Legal Group does not publicize information in a way that would affect or compromise a client’s confidential information or best interests. If you prefer that Leverage Legal Group not use information regarding your business or any specific matter in this way, please let us know. By signing below, you are giving your advance written consent to be publicly identified as a Leverage Legal Group client along with your logo and a general description of any non-confidential matters handled for the Company, provided, of course, that any confidential information about you (your business) will not be disclosed.
TERMINATION. Upon completion of the Scope of Services, this engagement will terminate but the rights and remedies in this Agreement shall continue indefinitely or until applicable statutes of limitations expire. We would be happy to provide additional legal services to you beyond the scope of this engagement. Any additional legal services desired by you, such as ongoing monthly legal support services, must be set forth in a separate engagement letter. As is appropriate in any professional relationship, You may terminate our engagement at any time upon reasonable notice to us, and we retain the right to terminate this agreement as well. In the event that our representation is terminated, You agree to pay all bills thereafter rendered covering expenses and fees incurred prior to the termination.
NO GUARANTEES. We have made every effort to accurately represent the Services and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success or avoidance of liability or legal problems in their business depends on many factors, including his or her background, dedication, desire, motivation and proper and timely use of the materials received by us through the Services. By submitting payment, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will avoid litigation, disputes, or other legal problems as a result of your participation in the Services. You also acknowledge that you have represented to Leverage Legal Group that payment of your Services membership fees will not place a significant financial burden on you or your family.
TRADEMARKS. As a part of the Services, we will be assisting you in making application for a registered trademark. You acknowledge and agree that we cannot guarantee that you will qualify for either, or receive either. We will conduct a trademark search for you as a part of the Scope of Services, but whether you qualify for one is beyond our control and is in the discretion of the United States Patent and Trademark Office. Moreover, sometimes it is necessary to respond to the USPTO with additional information or a revised application. We will assist you with those tasks, but some will require additional fees and we cannot guarantee the outcome of any application in front of the USPTO. No refunds will be given in the event you do not succeed in obtaining a mark with the USPTO.
FORCE MAJEURE AND LIABILITY. Leverage Legal Group is not responsible for any loss, damages, costs, claims or expenses which may be incurred as a result of its delay in or failure to perform its obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, internet outages, computer errors, electronic outages, third party system errors, acts of God and acts of Government.
DISPUTE RESOLUTION. In the event a dispute arises between Leverage Legal Group and You concerning fees or expenses, Leverage Legal Group and You will use mediation to resolve such fee disputes concerning fees for legal and business services. The laws of the State of New Mexico will govern any dispute and you consent to personal jurisdiction and waive any claim of forum non conveniens by signing this Agreement.
COUNTERPARTS AND MODIFICATION. This Agreement may be signed in counterparts and may be amended from time to time by the mutual written agreement of the parties.
NO TAX OR FINANCIAL ADVICE. By signing this Agreement, you acknowledge that the attorneys, staff and agents of Leverage Legal Group are not qualified to provide tax, accounting or financial advice, and the information provided to you by Leverage Legal Group is not intended as such. You acknowledge that advice or legal services provided by Leverage Legal Group attorneys or associates could affect your tax and/or financial situation. You should refer all tax, accounting, and financial-related inquiries to appropriately qualified professionals in your state.
DOCUMENT RETURN & RETENTION. Following the termination of this agreement for any reason, we will return to you any original documents we received from you if so requested. Many documents are not maintained as “hard copies”, but are instead kept electronically. We can deliver to you any “hard copy” documents as well as an electronic copy of your file at any time including after the conclusion of our representation. We will thereafter maintain your electronic file documents for at least six years in an electronic format unless you would request that we keep it as a hard coy which may require storage fees which will be charged to you. We encourage you to obtain a copy of your file at the conclusion of this matter is you have an interest in keeping/safeguarding any documents in the file.
If you have any questions about our fee arrangement, or the scope of the work that we will undertake on your behalf, please do not hesitate to contact us.
Very truly yours,
Jessica Eaves Mathews
Founder and CEO
Leverage Legal Group LLC