Agreement

Should you desire TRACY P. JONG, ESQ. to represent you regarding intellectual property and general consulting matters, we would proceed on the following terms:

Trademark application preparation will be performed on a fixed fee basis. Costs included in this estimate are as follows: costs for preparing the application file, associated papers and conversion of your electronic files to the format required for filing with the trademark office. Additionally, there will be a filing fee of $275-$325 (for each product class). The retainer will be deposited into a trust account, and we will draw from the account amounts to compensate for actual services and disbursements. You will receive periodic statements of any disbursements from the account. Any outstanding balance remaining after drawing from the trust account will be due and payable when services are completed. Please be advised that the Tracy P. Jong. Trust Account is a non-interest bearing account. No interest will be paid on funds in this account.

Routine filings can also be performed on a fixed fee basis. Examples include preparation and filing of a Statement of Use and Specimen, a Section 8 or 15 Affidavit, a Renewal application and formalities issues that arise during the prosecution of the mark. Fees for these services typically range from $100 to $400 per class of goods or services. We will advise you of the fees to perform any work and obtain your consent before proceeding. Other services will be performed at our standard hourly rates and a quote will be provided when this situation arises. In most cases, additional retainers will be required toward each new project as you authorize our office to proceed. This figure guarantees you the exclusive representation of this office, and is in consideration of our firm committing its resources to handling this matter for you. This retainer agreement does not cover appeals of any kind, except the serving and filing of a Notice of Appeal from any adverse judgment, final office action, or order, affecting your case, if you specifically direct me to do so. No other legal services are to be performed except those stated.

You are aware of the hazards and costs of administrative proceedings and acknowledge that despite our efforts on your behalf there is no assurance or guarantee of: (a) the outcome of this matter; or (b) the length of time it may take to resolve; or (c) the costs which may be incurred. Since each trademark application is unique, with a unique prosecution history, it is not possible to predict with accuracy the period of time of this firm’s representation of you, and for the purpose of providing you with a degree of certainty with regard to the firm’s hourly charges during the period of representation, the firm agrees to maintain the foregoing hourly rates for a period of one (1) year. The schedule of hourly rates is: $200 per hour for an attorney doing trademark, copyright and intellectual property related work, and $65.00 for paralegals. It is our policy to seek to assign the person who is most competent to do a particular task at the lowest hourly rate. Of course, the decision regarding which individual will work on your case, or any aspect of the case, rests solely with us.

We will send you itemized bills from time to time. We may require that costs and expenses (noted above) be paid in advance. All other out – of – pocket bills for costs and legal fees are due upon receipt. Any bills not paid within thirty (30) days accrue interest at the legal rate (presently 9% per annum) from the date of the bill, and you will be liable for reasonable attorney’s fees for collection of said sums. In the event that a dispute arises between us relating to our fees, you may have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief Administrator of the Courts, a copy of which will be provided to you upon request.

You have the right in your sole discretion to terminate our representation of you prior to the conclusion of the case. If you discontinue our services prior to the conclusion of your case, whether by agreement, or if this firm is relived as your attorneys by court order, any unearned portion of the initial retainer you advanced to this firm will be refunded to you after deduction of unpaid out – of – pocket disbursements. Any unpaid charges for legal services will be due upon our discharge. Should TRACY P. JONG, ESQ., withdraw as your counsel or you discharge TRACY P. JONG, ESQ. as your attorney, you will pay all costs of copying the entire file, all attorneys’ fees due and all disbursements and costs due before the file is released.

Please also understand that we may terminate the relationship for any grounds allowed by law, including but not limited to the following: your failure to abide by this agreement; your failure to cooperate in the services indicated; your failure to provide timely, truthful and accurate information; or your failure to make timely payment for services rendered in accordance with the billing terms set forth in invoices submitted to you. Your rights and responsibilities as a client of Tracy Jong Law Firm are summarized in the attached “Client Rights & Responsibilities” document.

You authorize Tracy P. Jong to take any steps which, in our sole discretion are deemed necessary or appropriate to protect your interests in the matter. You agree to fully cooperate with TRACY P. JONG, ESQ., and provide all information relevant to the issues involved in this case and to promptly pay all bills as required by this agreement. If you do not comply with these requirements, this non – compliance shall be a basis for TRACY P. JONG, ESQ., to ask the United States Patent and Trademark Office and/or Court for permission to withdraw from representing you, to which request you agree to consent.

Please note that the trademark costs provided above only include the service of preparing and filing the application. When there is a need to respond to an Office Action from the Trademark Office, or to prepare and file other documents or amendments to an application in response to communication from the Trademark Office, the services will be charged at the current hourly rate of the attorney or agent performing the service, $200 per hour. At such times, we will be pleased to provide cost estimates and to seek your approval before preparing a response on your behalf. The cost of responding to an Office Action varies widely, depending upon the complexity of the invention, and the findings of the Examiner in the action itself. Variation from $100 to $1000 is quite common. Should a trademark registration be allowed, you should be aware that there will be registration and publication fees, as well as periodic maintenance fees.

Our practice is to retain electronic copies of all files for long-term storage. Should you desire to retain your hard-copy file for any reason, you may do so if within sixty (60) days of the completion or resolution of this matter, you agree to pick up your file at our office or have it mailed to you at your cost. In the conversion of hardcopy records to electronic records, it may be destroyed without further notice to you after such time.

If any of the information provided is not clear, or if you have any questions or would like to discuss additional or alternative services, please do not hesitate to contact me directly. If you find the terms defined in this agreement to be acceptable, and you wish to retain Tracy Jong Law Firm to represent you, please acknowledge with “I accept”

I hope that my firm can be of service to you in your intellectual property matters. We look forward to serving you. You may print a copy of this agreement for your files.

Client's Rights & Responsibilities

Statement of Client's Rights

  1. Your attorney is providing you with this document to inform you of what you, as a client, are entitled to by law or by custom. To help prevent any misunderstanding between you and your attorney please read this document carefully.
  2. If you ever have any questions about these rights, or about the way your case is being handled, do not hesitate to ask your attorney. He or she should be readily available to represent your best interests and keep you informed about your case.
  3. An attorney may not refuse to represent you on the basis of race, creed, color, sex, sexual orientation, age, national origin or disability.
  4. You are entitled to an attorney who will be capable of handling your case; show you courtesy and consideration at all times; represent you zealously; and preserve your confidences and secrets that are revealed in the course of the relationship.
  5. You are entitled to a written retainer agreement which must set forth, in plain language, the nature of the relationship and the details of the fee arrangement. At your request, and before you sign the agreement, you are entitled to have your attorney clarify in writing any of its terms, or include additional provisions.
  6. You are entitled to fully understand the proposed rates and retainer fee before you sign a retainer agreement, as in any other contract.
  7. You may refuse to enter into any fee arrangement that you find unsatisfactory.
  8. Your attorney may not request a fee that is contingent on the securing of a divorce or on the amount of money or property that may be obtained.
  9. Your attorney may not request a retainer fee that is nonrefundable. That is, should you discharge your attorney, or should your attorney withdraw from the case, before the retainer is used up, he or she is entitled to be paid commensurate with the work performed on your case and any expenses, but must return the balance of the retainer to you. However, your attorney may enter into a minimum fee arrangement with you that provides for the payment of a specific amount below which the fee will not fall based upon the handling of the case to its conclusion.
  10. You are entitled to know the approximate number of attorneys and other legal staff members who will be working on your case at any given time and what you will be charged for the services of each.
  11. You are entitled to know in advance how you will be asked to pay legal fees and expenses, and how the retainer, if any, will be spent.
  12. At your request, and after your attorney has had a reasonable opportunity to investigate your case, you are entitled to be given an estimate of approximate future costs of your case, which estimate shall be made in good faith but may be subject to change due to facts and circumstances affecting the case.
  13. You are entitled to receive a written, itemized bill on a regular basis, at least every 60 days.
  14. You are expected to review the itemized bills sent by counsel, and to raise any objections or errors in a timely manner. Time spent in discussion or explanation of bills will not be charged to you.
  15. You are expected to be truthful in all discussions with your attorney, and to provide all relevant information and documentation to enable him or her to competently prepare your case.
  16. You are entitled to be kept informed of the status of your case, and to be provided with copies of correspondence and documents prepared on your behalf or received from the court or your adversary.
  17. You have the right to be present in court at the time that conferences are held.
  18. You are entitled to make the ultimate decision on the objectives to be pursued in your case, and to make the final decision regarding the settlement of your case.
  19. Your attorney's written retainer agreement must specify under what circumstances he or she might seek to withdraw as your attorney for nonpayment of legal fees. If an action or proceeding is pending, the court may give your attorney a "charging lien," which entitles your attorney to payment for services already rendered at the end of the case out of the proceeds of the final order or judgment.
  20. You are under no legal obligation to sign a confession of judgment or promissory note, or to agree to a lien or mortgage on your home to cover legal fees. Your attorney's written retainer agreement must specify whether, and under what circumstances, such security may be requested. In no event may such security interest be obtained by your attorney without prior court approval and notice to your adversary. An attorney's security interest in the marital residence cannot be foreclosed against you.
  21. You are entitled to have your attorney's best efforts exerted on your behalf, but no particular results can be guaranteed.
  22. If you entrust money with an attorney for an escrow deposit in your case, the attorney must safeguard the escrow in a special bank account. You are entitled to a written escrow agreement, a written receipt, and a complete record concerning the escrow. When the terms of the escrow agreement have been performed, the attorney must promptly make payment of the escrow to all persons who are entitled to it.
  23. In the event of a fee dispute, you may have the right to seek arbitration. Your attorney will provide you with the necessary information regarding arbitration in the event of a fee dispute, or upon your request.

Also note: It may be a practice of this law firm to utilize off-site, encrypted, data storage services, provided by a third party, for the periodic archival of client data (e.g., electronic files & records). You are entitled, should you prefer, to request that your electronic data not be stored in this manner, in which case an on-site storage medium will be used.

Client's Responsibilities

  1. The client is expected to treat the lawyer and the lawyer's staff with courtesy and consideration.
  2. The client's relationship with the lawyer must be one of complete candor and the lawyer must be apprised of all facts or circumstances of the matter being handled by the lawyer even if the client believes that those facts may be detrimental to the client's cause or unflattering to the client.
  3. The client must honor the fee arrangement as agreed to with the lawyer, in accordance with law.
  4. All bills for services rendered which are tendered to the client pursuant to the agreed upon fee arrangement should be paid promptly.
  5. The client may withdraw from the attorney-client relationship, subject to financial commitments under the agreed to fee arrangement, and, in certain circumstances, subject to court approval.
  6. Although the client should expect that his or her correspondence, telephone calls and other communications will be answered within a reasonable time frame, the client should recognize that the lawyer has other clients equally demanding of the lawyer's time and attention.
  7. The client should maintain contact with the lawyer, promptly notify the lawyer of any change in telephone number or address and respond promptly to a request by the lawyer for information and cooperation.
  8. The client must realize that the lawyer need respect only legitimate objectives of the client and that the lawyer will not advocate or propose positions which are unprofessional or contrary to law or the Lawyer's Code of Professional responsibility.
  9. The lawyer may be unable to accept a case if the lawyer has previous professional commitments which will result in inadequate time being available for the proper representation of a new client.
  10. A lawyer is under no obligation to accept a client if the lawyer determines that the cause of the client is without merit, a conflict of interest would exist or that a suitable working relationship with the client is not likely.