Engagement Letter for Online Trademark Services

Please read this Agreement before you place your order. By checking the box at checkout that says you have read and accept the engagement letter, you agree to these terms.

1. Who We Represent. This engagement letter (the "Agreement") sets out the terms on which Busch IP Law LLC ("Busch IP Law," the "Firm," "we," or "us") provides the trademark services you order through our website. "You" and the "Client" mean the trademark owner named in your order. If you place the order for a company or for another person, you confirm that you are authorized to accept this Agreement on the owner's behalf. We represent only the owner named in the order. We do not represent the owner's individual officers, members, employees, or the person placing the order (if different) unless we agree in writing.

2. When Our Representation Begins. Our attorney–client relationship begins when we receive your payment. After you order, we check for conflicts of interest. If we find a conflict of interest that prevents us from representing you, we will tell you promptly, end the representation, and refund the full amount you paid, including any USPTO fees.

3. Scope of Services. The services covered by your package fee are limited to a trademark clearance search and report (for clearance packages) and the preparation and/or filing of a United States trademark application with the United States Patent and Trademark Office (the "USPTO") (for filing packages). They do not include prosecution of the application after it is filed, which is subject to later fees as described in Section 4. The package you order determines which of the following services we provide:

(a) Clearance Report. A search for one proposed mark, for the goods and services described in your order, of the federal trademark register (including live and dead records), state trademark records, and the real-world sources we select (for example, websites, online marketplaces, and social media), and a written report giving our professional opinion on the likelihood of registration and the main risks we identify.

(b) Clearance Bundle. The services in Section 3(a) for up to three proposed marks submitted with your order, with a separate report delivered by separate email for each mark. All marks covered by a Clearance Bundle must be submitted together, in the same order. Bundle capacity cannot be used later or applied to a separate order.

(c) Trademark Filing. Preparation and electronic filing of one U.S. trademark application for one mark, in the class or classes identified in your order, based on the information you provide. This package does not include a clearance search.

(d) Filing Add-On. The services in Section 3(c) for a mark covered by a clearance report we prepared for you, ordered within 60 days after we deliver that report.

For each filing, we prepare the application from the information you provide, ask you to review and confirm the application details, file the application, and send you the USPTO filing receipt. Our filing services under the package are complete when we send you the filing receipt.

4. Prosecution and Other Services Are Not Included. After an application is filed, the USPTO examines it and may require further action. The following services are not included in any package fee, and each is subject to additional fees:

• responses to office actions (substantive or procedural), suspension letters, and other USPTO inquiries;
• amendments to the application, including adding or changing goods, services, or classes after filing;
• Statements of Use, Amendments to Allege Use, and requests for extensions of time to file a Statement of Use;
• petitions, including petitions to revive an abandoned application;
• oppositions, cancellations, and other proceedings before the Trademark Trial and Appeal Board;
• post-registration filings, including declarations of use and renewals;
• assignments, recordations, trademark watching or monitoring, enforcement, takedowns, and foreign filings.

We will quote our fee for any of these services before we begin, and we will perform them only if you approve the quote and pay as required. Our current flat fees for some of these services appear in Schedule A. USPTO fees for these services are additional. Until we withdraw or another attorney replaces us as attorney of record, we will forward USPTO correspondence about your application to you and tell you of any response deadline we identify. Responding to that correspondence requires your timely instructions and payment of the quoted fee.

5. Fees and Payment. Our package fees are flat fees, listed in Schedule A, and are paid in full at checkout. USPTO fees are separate, are charged at cost with no markup, and are set by the USPTO (currently $350 per class for a base application). If your application needs more classes than you paid for, we will confirm with you and collect the additional USPTO fee before filing. The USPTO does not refund its fees if an application is refused or abandoned.

If we do not complete the representation for any reason, you may be entitled to a refund of all or part of the fee. Refunds are handled as follows:

(a) If you cancel before we begin work, or if a conflict of interest prevents us from representing you, we refund the full amount paid.

(b) A clearance report fee is earned once we begin the search for that mark.

(c) If an application is not filed, we refund any USPTO fees you paid in full, and refund the filing fee less the reasonable value of the work we performed.

6. Clearance Report Limits. A clearance report is our professional opinion, based on the records and sources we searched as of the date of the search and on the goods and services you described. No search can identify every mark in use, and trademark records change daily. A report is not a guarantee that your mark will be registered, that no one will object to it, or that your use will not be challenged. Reports cover the United States only. If you change the mark or the goods and services, or wait to file, our opinion may no longer apply. If you choose the Trademark Filing package, you acknowledge that you are filing without a clearance search from us and accept the increased risk of refusal or objection.

7. Your Responsibilities. You agree to give us complete and accurate information, including the owner's legal name and entity type, addresses, the goods and services, and whether and when the mark has been used. Before we file, you agree to review the application details we send you and confirm that they are correct. Trademark applications include statements verified under penalty of law (18 U.S.C. § 1001), including statements about ownership, use, dates of use, and a bona fide intention to use the mark. Inaccurate statements can make an application or registration invalid. Any proof of use you give us must be genuine and must show the mark as actually used; mockups and altered images are not acceptable. You agree to keep us informed of changes that may affect your application, including changes in ownership, address, or use.

8. Communication and Responsiveness. We communicate mainly by email, using the address in your order, and may also call or text the phone number you provide. You are responsible for monitoring that email address (including spam and junk folders) and for telling us promptly if your contact information changes.

You agree to respond to our requests for information, review, instructions, or payment within five (5) business days, or by any earlier date we state when a USPTO deadline requires it. You are "unresponsive" if you do not substantively respond within ten (10) business days after we have tried to reach you at least twice, or by a deadline we have given you in writing.

This Section is our notice to you that we may take any of the following steps if you are unresponsive, consistent with the Ohio Rules of Professional Conduct and USPTO rules:

(a) pause work on your matter until you respond;

(b) before filing, close your order, with any refund handled under Section 5; and

(c) after filing, withdraw from representing you, including by filing a request with the USPTO to withdraw as attorney of record. After we withdraw, the USPTO will send correspondence about your application directly to the owner, and you will be solely responsible for meeting all further deadlines.

9. Responsibility for the Consequences of Non-Response. USPTO deadlines are strict and are set by law. If you do not respond to us, provide information or instructions we request, or approve and pay for needed services by the date we specify, your application may be delayed or abandoned, you may lose rights or your filing date, and you may incur additional USPTO fees (for example, to revive an abandoned application). You agree that you are responsible for those consequences, and that the Firm is not responsible for any loss, delay, cost, or other harm resulting from your failure to respond, to provide information or instructions, or to approve and pay for services in time. This Section allocates responsibility for your own actions and inactions. It does not limit any obligation the Firm owes you under the Ohio Rules of Professional Conduct.

10. After Registration. Keeping a registration in force requires filings at set intervals (currently between the fifth and sixth years after registration, and every ten years). You are responsible for tracking and meeting those deadlines. We may send courtesy reminders, but we are not obligated to do so unless we agree in writing to handle a particular filing.

11. Conflicts of Interest. We check for conflicts based on the information in your order. Please tell us promptly about any additional names, affiliates, or trade names we should include. The Firm represents, and may in the future represent, other clients, including clients in the same or related industries. You consent to our representation of other clients in matters that are not substantially related to our work for you. We will not represent another client in a matter directly adverse to you in the same or a substantially related matter without your informed written consent. If a conflict arises that cannot be resolved under applicable ethical rules, we may need to withdraw, and you agree to cooperate in that withdrawal.

12. Confidentiality and Technology. We maintain client confidentiality consistent with applicable rules. You authorize us to communicate with you by email, phone, text message, and internet-based tools, and you accept the security risks of those methods unless you instruct us otherwise in writing. We use third-party service providers, including our payment processor and client-management software, and technology tools (including artificial-intelligence-assisted tools) to operate our practice, in each case maintaining the confidentiality of your information consistent with applicable rules. Information in a trademark application, including the owner's name and mailing address, becomes part of the public USPTO record. The owner's domicile address, if different, is not publicly displayed by the USPTO.

13. Termination and Withdrawal. You may end our representation at any time by written notice. We may withdraw for any reason permitted by the Ohio Rules of Professional Conduct and USPTO rules, including an unwaivable conflict of interest, nonpayment, failure to cooperate, unresponsiveness as described in Section 8, or failure to disclose material facts. If we withdraw, you agree to sign any documents reasonably needed to complete the withdrawal. If our representation ends, refunds are handled under Section 5, and you remain responsible for any fees for services you approved before termination.

14. No Guarantee of Results. We will represent you diligently and to the best of our professional ability, but we make no promise, warranty, or guarantee about the outcome of any matter, including whether a mark will be registered or how long the USPTO will take. Results depend on factors outside our control, including the facts, third parties, USPTO examining attorneys, and changes in law. Any statements we make about likely outcomes are professional opinions, not assurances. Past results do not guarantee a similar outcome.

15. Electronic Acceptance and Records. You accept this Agreement by checking the acceptance box at checkout, which has the same effect as your signature. We will email you a copy of this Agreement with your order confirmation. The version you accept at checkout governs your order.

16. Governing Law and Disputes. This Agreement is governed by the laws of the State of Ohio, including the rules governing the attorney–client relationship. Any legal action arising from or relating to this Agreement shall be brought exclusively in the state or federal courts located in Ohio, and you consent to the personal jurisdiction of those courts.

17. Client File. At your request, we will provide your client file to you or your successor counsel, retaining copies as needed. Files may be delivered electronically. You authorize the Firm to transfer your files to any law firm or attorney owned by Jacob Busch, Esq., or to any purchaser or assignee of the Firm, provided confidentiality and privilege are maintained. We may securely destroy files after the retention period set by applicable professional rules, following reasonable notice to you.

18. Entire Agreement. This Agreement, Schedule A, and your order confirmation are the entire agreement between you and the Firm about the services you ordered. Our website Terms of Service govern your use of our website; if they conflict with this Agreement, this Agreement controls as to our legal services. If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the rest of the Agreement remains in effect. Any change to this Agreement for your order must be in writing and agreed to by you and the Firm.

19. Independent Review. You may have this Agreement reviewed by independent legal counsel before accepting it, and we encourage you to do so if you have questions about its meaning or effect. If you have questions, contact us at 216-200-6768 or [email protected] before you place your order.

Schedule A – Package and Service Fees