Intellectual Property Law | Trademark Attorney | Web TM

This agreement sets forth the terms and conditions by which you will retain the law firm, Gordon E. R. Troy, PC d/b/a WEBTM (“Troy”), in connection with any legal services you request, including without limitation, related to trademarks, copyrights, contracts, negotiations, domain disputes, litigation and other intellectual property matters (referred to as “Legal Services”). You are referred to as “Client.”

1. Designation of Services.

• Legal Services will only be performed by Troy for matters and projects specifically requested by Client. Upon Client’s request, Troy shall provide estimates for Legal Services and disbursements related thereto, but in no event shall such estimates be considered binding as a Flat Rate for such Legal Services and disbursements unless specifically stated in writing. Troy shall continue to perform Legal Services for Client until such time as either: i) Client requests Troy to stop performing particular Legal Services; or ii) Client fails to pay Troy.
• Troy represents that he is an attorney admitted to the practice of law in the States of Vermont, New York, and Illinois, and the District of Columbia and that he maintains his office exclusively in the State of Vermont. Troy further represents that he utilizes the assistance of attorneys, counsellors of law, paralegal professionals licensed to practice in Vermont, other states, and in foreign countries, as the case may be, to assist in the handling of particular client matters.

2. Power of Attorney. Client hereby appoints Troy as its true attorney in fact, with full powers of substitution, revocation, and the power of appointment of associate attorneys, for all those matters which constitute Legal Services. Non-U.S. Clients may designate Troy as domestic representative upon whom may be served notices or process in proceedings affecting Client’s trademarks, copyrights and other properties entrusted to Troy, and Client agrees to pay all services, costs, and fees incurred by Troy in connection with such appointment.

3. Declarations by or on behalf of Clients. In connection with Legal Services, Client may be asked to execute and/or provide information in connection with declarations to be filed with the United States Patent and Trademark Office and other governmental agencies. Client understands that false statements indicating matters which Client knows or should know are untrue may be punishable by fine or imprisonment, or both, under 18 USC §1001, and other statutes, and that such false statements may jeopardize the validity of a filing or any resulting registration. In connection with any declarations filed on Client’s behalf, Client warrants and represents that (i) all information supplied shall at all times be truthful and candid, (ii) that Client shall immediately bring to the attention of Troy any matters regarding which Client may have questions or doubts; and (iii) that Client is not aware of any rights of any other person which could conflict with the rights being asserted by virtue of the declaration. In connection with the foregoing warranties and representations, Client, at its sole expense, shall defend, indemnify and hold Troy harmless from any claim, demand, cause of action, debt or liability to the extent it is based on a breach of any of the aforesaid warranties and representations.

4. Billing for Legal Services and Disbursements.

• Filing fees required in connection with securing intellectual property rights shall be paid by Troy on Client’s behalf after Client has paid Troy. Client recognizes and understands that failure to timely pay such fees to Troy may result in a loss of intellectual property rights or may incur additional fees or expenses (including without limitation additional fees for Legal Services) in order to reestablish such rights.
• Client recognizes that governmental filing fees may change at any time and that the schedule of Official government charges is subject to change without notice.
• Legal Services for trademark filings shall be billed in accordance with our schedule of charges. Only “Flat Rate” designated Legal Services are not subject to hourly charges, except as specifically limited by this agreement. All other services shall be billed at $325.00 per hour for attorney time and $175.00 per hour for paralegal time, rounded to the nearest 1/10th of an hour, or at such other rates as established by Troy.
• Flat Rate fees paid by Client are considered earned in full at the time of Troy’s acceptance of payment, and commencement of the specific Legal Services for which the Flat Rate fees are paid. Flat Rate fees paid by Client are not considered advance payments or unearned fees and shall not be treated as Client property once the Legal Services are commenced.
• Limitations on Flat Rate fees. (i) In the case of United States filings, the Flat Rate fees cover services and disbursements (when included), for performing services in the examination section and post-registration sections of the trademark office. The Flat Rate fees do not include services and disbursements for filing appeals, litigation, inter partes proceedings, negotiations and agreements with third parties, and the like. All such additional services shall be billed on an hourly basis as elsewhere provided herein. (ii) In the situation of International Filings, the Flat Rate fees cover services and disbursements (when included) for the initial filing. Thereafter, all additional services and disbursements shall be billed according to further estimates provided by Troy. (iii) At anytime should client require services from Troy in connection with any matter that is not directly related to a trademark or copyright filing, those services shall be billed as additional services. (iv) At anytime should client require services in excess of 1/4 hour, including telephone conferences, research, responding to communications, etc., they shall be billed to client as additional services.
• Out of pocket costs including, but not limited to, government charges, foreign attorney/counsel charges, mailing, copying, telecommunications, transcripts, travel, express delivery, data base research, etc. shall be billed to the client periodically. We include a twenty percent handling fee added to amounts billed to us and incurred as direct expenses for all cost disbursements incurred on behalf of Client. Troy reserves the right to change the rates for Legal Services upon notice to Client.
• All invoices are due upon receipt by Client, and accounts must be paid in full in US dollars within fifteen (15) days of billing. All past due accounts shall incur interest at the rate of 1½% per month, computed from the billing date. Failure to pay for sixty (60) or more days shall be sufficient grounds for Troy’s withdrawal from representing Client in any pending matter.
• Retainers may be requested by Troy at any time and on a case-by-case basis. Failure to promptly pay a retainer shall be grounds for termination of representation of Client. Retainers paid by Client are considered advance payments or unearned fees and shall be treated as Client property until the Legal Services are commenced. Once the Legal Services are commenced, the retainer shall be considered earned to the fullest extent.
• Client shall be responsible for all amounts charged by Troy until Troy is instructed to cease work on a particular matter and any additional fees incurred in connection with the cessation of such work. Client recognizes that where Troy has hired other attorneys, service providers, foreign counsel, agents, and the like to assist in Legal Services, that additional billings may occur through the date that Troy provides notice to such third party providers to cease all such work, and client further acknowledges its obligation to pay all such additional fees.
• Client shall immediately advise Troy of any changes of address, telephone and e-mail addresses. Troy shall not be responsible for circumstances where Client input is required to render timely Legal Services and Client has not provided a means for Troy to contact Client or if client fails to respond to requests for information or instructions in a timely fashion.
• Upon notification from Client to Troy to cease rendering Legal Services with respect to any matter, Client shall be responsible for and shall immediately pay any and all services, fees and expenses incurred through the date of notice to Troy. Should client direct that its files be transferred at any time, Client shall be responsible for the advance payment of all fees and expenses to transfer such files including, but not limited to, copying and shipping costs, provided, however, that such files shall be transferred only upon payment of all sum due.

5. Miscellaneous.

• Troy shall provide to Client copies of all filings, communications, correspondence, notices, and all relevant documents during the course of performing Legal Services. Client acknowledges that most of Troy’s files are electronic only, or a hybrid of electronic and paper as may be needed for a particular matter, and that in most cases there are not any physical files. (See our Policy of Electronic Files.) At the completion of Legal Services, Troy will only return a physical file (if it exists) at the request of the Client, and Troy may destroy any such Client physical files at any time after the completion of the specific Legal Services. At anytime during the course of providing Legal Services, Client may request a copy of the electronic files and physical files maintained by Troy, and all such requests shall be billable to Client for the time associated with responding to any such requests.
• Client recognizes that Troy cannot guarantee desired results, but that Troy shall endeavor to the best of its abilities, within the constraints imposed by Client, to obtain the results desired by Client.
• This Agreement shall be governed by and construed in accordance with the substantive Laws of the State of Vermont for contracts executed and fully performed within the State of Vermont, without regard to principals of conflicts of laws. Client shall be responsible for all fees and expenses, including attorney fees in connection with the enforcement of this agreement or collection of any unpaid amounts due to Troy. The parties do hereby consent to the exclusive jurisdiction and venue of the courts of competent jurisdiction within the State of Vermont.
• Client accepts the terms of this agreement by engaging Troy to perform Legal Services and Troy accepts such engagement upon the terms and conditions contained herein.