Trademark Service – Terms of Service/Retention Agreement
The following terms and conditions govern the trademark services offered to you by the Offering Entity (defined below) and Law on Call, LLC; and your request for and use of such services constitutes acceptance thereof. This document will also serve as a retention agreement between you and Law on Call, LLC. You are required to read these terms and signify your understanding thereof, and agreement thereto at the end of this document.
Trademark services are offered by the company through which you ordered the service (the “Offering Entity”). To help you apply for trademark registration, attorneys and legal personnel at Law on Call, LLC have been engaged, or will be engaged by the Offering Entity. Law on Call’s legal personnel are, or will be, compensated for their services by the Offering Entity. Your payment for such services are made to the Offering Entity, and only the Offering Entity retains your funds. Legal personnel at Law on Call will aid in the rendering of the trademark services, subject to all other rules governing the practice of law.
LAW ON CALL IS OWNED BY NON-LAWYERS
Law on Call, LLC is a non-lawyer owned legal service provider, authorized to provide legal advice and services, including the practice of law, by the Utah Supreme Court. Some of the people who own and/or manage Law on Call are not lawyers. This means that some services and/or protections, like attorney-client privilege, may be different from those you could get from a traditional law firm. While Law on Call is owned by non-lawyers, those non-lawyers will not be involved in the practice of law. Only lawyers and legal personnel at Law on Call will provide legal services and legal advice to you.
Attorney-client privilege, ethics and confidentiality rules govern the services provided by Law on Call. By your acceptance of Law on Call’s advice and services, you agree and understand that no attorney-client relationship has been formed except as related to Law on Call’s assistance in helping you apply for trademark protection with the United States Patent and Trademark Office (“USPTO”). Additionally, no attorney-client relationship shall exist between you and Law on Call unless Law on Call accepts your invitation/request to provide trademark services, subject to a conflict investigation, as described below. Law on Call reserves the right to terminate its relationship with you at its sole discretion for any reason and at any time.
Following your order for trademark services through the Offering Entity, Law on Call will conduct a conflict check. Law on Call may be required to refuse service in the event of a legal conflict of interest, pursuant to the ethical rules prescribed by the applicable State Bar. A conflict of interest may arise if the service you request involves another Law on Call client and your interests are different than, or adversarial to the other Law on Call client. In such event, Law on Call will notify each client of the conflict of interest, and, unfortunately, Law on Call may be required to deny service to either or both clients. Law on Call will not be considered bound by this Agreement, and no attorney-client relationship shall be formed until it is determined, by Law on Call, that no conflict of interest exists.
You agree that, at the time the Offering Entity’s and Law on Call’s services to you conclude, as determined by the Offering Entity or Law on Call, you will immediately pay any unpaid charges incurred in assisting with your trademark application. You also agree that you will pay or reimburse any filing fees and other fees fixed by law or assessed by courts, the USPTO, or any other public agency in connection with your matter, which shall be included on your invoice, at the time your matter has concluded.
Law on Call may also offer you, as an additional service ordered directly through Law on Call (rather than through the Offering Entity), assistance in handling “Office Actions” issued by the USPTO in regard to your trademark application. “Office Actions” issued by the USPTO may include requests by the USPTO to make simple modifications of your initial trademark application and/or a request by the USPTO to address substantive legal issues that may result in the denial of your trademark application. In the event the USPTO issues an “Office Action,” you have the right to contact Law on Call directly to seek assistance in handling those matters. Any “Office Action” handling by Law on Call on your behalf will be subject to separate billing by Law on Call at its current legal rates. Law on Call makes no promise or guarantee in regard to the outcome of any “Office Action” for which it works on your behalf. Law on Call will not provide any assistance in litigation matters or infringement actions, which may include objections to registration during the publication period.
Law on Call is being retained by the Offering Entity to provide legal advice to you in connection with your trademark application. Nothing in this Agreement, and nothing contained in Law on Call’s statements to you, shall be construed as a promise or guarantee in regard to any particular outcome related to your trademark application. Any comments by Law on Call’s attorneys about the outcome of your matter are expressions of opinion only.
If you provide unsolicited information to the Offering Entity or to Law on Call through this website, email, over the phone, or through any other medium, the provision of such information does not, and will not, create an attorney-client relationship between you and Law on Call or any of its attorneys. If you provide information or material through this website in connection with a matter for which neither the Offering Entity nor Law on Call already represent you, or for which neither have agreed to represent you, that information and material may not be privileged or confidential and may not be secure. If you e-mail information to the Offering Entity or Law on Call in connection with any matter, you acknowledge and understand that Internet e-mail may not be secure. Please take this into consideration when sending proprietary, confidential or particularly sensitive information as neither the Offering Entity nor Law on Call will be held liable for any such breach or disclosure of such information.
BY CONTINUING WITH OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS ABOVE.
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