Please provide a detailed description of the goods or services you intend to provide in association with the trademark.

***Note: Trademark filing fees are determined based on the number of classes of goods/services in the application. Additional filing fees may be required if the trademark team determines that you are providing goods and services in more classes than originally anticipated.

This will confirm you wish to retain Lloyd & Mousilli, PLLC (“Firm”) to represent your business (“you” or “Client”) for trademark  general legal services subject to the limitations under this Agreement. We want to express our appreciation for the opportunity to represent your business.”. As part of our routine in starting new engagements, our Firm provides clients with this engagement letter (the “Agreement”). It is understood that the Firm does not provide tax advice. The Client is advised to obtain independent and competent tax advice regarding all legal matters because legal transactions can give rise to tax consequences. The Firm has not agreed to render any tax advice and is not responsible for any advice regarding tax matters or preparation of tax returns, or other filings, including but not limited to state and federal income tax returns. Further, while the Firm can assist with Beneficial Ownership Report filings upon specific request, there is no proactive monitoring or responsibility for these filings. The scope of this engagement excludes any representation in litigation, arbitration or before the trademark trial and appeal board unless specifically described in an addendum mutually signed by you and the Firm.

We will assign an attorney or attorneys to handle this matter who we believe have the requisite skill and experience. We may assign more junior lawyers, paralegals or consultants to perform certain tasks more cost-effectively at a lower hourly rate. You are free to request a change of the responsible lawyer or any other lawyer working on your matters by contacting me, the managing partner.

Clients and attorneys must communicate effectively with one another to exchange information and to discuss developments and possible courses of action. We will keep you informed as developments occur and will consult with you as to the appropriate steps to take. Should you wish for us to communicate with and/or take direction from any other person or persons in your Company, please provide those instructions in writing.

You agree to be truthful with us, to cooperate with us, to respond promptly to our inquiries and requests for information and provide us with necessary documents and other information, to appear for meetings as requested, to keep us informed of any significant or material information or developments, to abide by this Agreement, to pay our bills on time, and to keep us advised of any changes of your address, telephone number, or e-mail address. We also ask that you keep us informed of your objectives and wishes and that, if we ask for specific information or for instructions necessary to our adequately carrying out our representation, you will respond accurately, completely, and as quickly as possible.

It is also important that we agree from the outset what kind of communications technology we will employ in the course of this engagement. Unless you specifically direct us to do otherwise, you agree that it is appropriate for us to use e-mail in the course of this engagement to communicate with you. You authorize us to communicate with you electronically at the e-mail addresses you provide from time to time. It is your responsibility to ensure that the e-mail you use to communicate with us is secure and private, and that no one can access your account without your authority and permission. You understand that electronic communications may be intercepted by unauthorized recipients or accessed by persons authorized to access your e-mail account, which could result in an unauthorized disclosure of your confidential information or a loss of privilege. You authorize us to communicate with you via e-mail notwithstanding such risks.

The Firm has agreed to represent you as our client as outlined in this Agreement. In that respect, we have reviewed the Firm’s existing client list against the information you provided and to the best of our present knowledge, we are aware of no potential or actual conflict. If a conflict arises between you and any other client of the Firm, we, after taking into account the rules of professional ethics applicable to the Firm, may decline to represent (i) you, (ii) such other client, or (iii) both you and such other client. No Guarantee of Result - It is impossible for the Firm to predict the total amount of attorneys’ and other professional fees and costs that will be incurred in regard to our representation of the Client in this matter. No guaranties have been made, nor can they be made, to the Client with respect to the total attorneys’ and other professional fees and the costs relating thereto. Any estimate of fees and costs that we may have discussed represents only an estimate of such fees and costs. It is also expressly understood that your obligation for payment of the Firm’s fees and costs is not in any way contingent on the ultimate outcome of this matter.

We are committed to providing you with the best possible representation. However, this matter necessarily involves many risks beyond our control. During the course of our representation, we may express opinions or beliefs concerning this matter or various courses of action and the results that might be anticipated. Any such statement made by anyone in the Firm is intended to be an expression of opinion only, based on information available to us at the time and should not be construed by the Client as a promise or guaranty of the outcome. We cannot and do not guarantee that the outcome of this matter will be acceptable to the Client or that any particular result will be achieved.

Your application fee includes one trademark clearance search and our assessment of the viability of your trademark application, namely, whether there are any existing registered marks that are likely to be cited by the USPTO as confusingly similar to your mark and its goods/services. If there are any marks we believe could be cited against your mark in a refusal, we will advise as to the likelihood of overcoming such a refusal.

Additional clearance searches for mark alternatives if we advise against filing your initial mark are available for a reduced fee. You may also purchase a clearance search on its own without an application.

To complete a trademark application, you must provide information about the owner of the mark to the USPTO. Some of this information will be publicly displayed in the US Trademark Register. This includes the name of the individual or company that owns the mark and a public mailing address.

All applicants must provide the trademark owner’s domicile address—a physical address where the owner’s business is carried out. The domicile address cannot be the address of a registered agent, P.O. Box, or other virtual mailing service.

Upon request, we can list your domicile address privately and include an alternate public address. The public address can be a registered agent service, a P.O. box, or the firm’s address, as long as a private domicile address is also provided.

As part of your application fee, we will respond to any non-substantive refusals issued by the USPTO. These types of refusals include, but are not limited to, specimen refusals, requirements to disclaim descriptive elements, and amendments to the identification of goods or services.

If the USPTO issues a substantive refusal—such as a refusal for likelihood of confusion with another pending or registered mark, or a refusal based on the entire mark’s mere descriptiveness—you will be required to pay an additional fee for us to draft a response argument.

If the USPTO issues a substantive refusal—such as a refusal for likelihood of confusion with another pending or registered mark, or a refusal based on the entire mark’s mere descriptiveness—you will be required to pay an additional fee for us to draft a response argument.

The Firm warrants that the utmost care will be exercised in performing all searches and services in preparing your trademark application. Client acknowledges, however, that the search report, the filing of the application, the drafting and filing of any responses to office actions, and any other advice given by the Firm during the application process do not reflect a guarantee by the Firm that the USPTO will accept your mark for registration.

At your request, we may also file international applications for your mark for an additional fee. If you desire to file internationally based on an existing application at the USPTO, we will handle this filing through the World Intellectual Property Organization (WIPO) via the Madrid Protocol.

If you would like to file an international application which is not based on an application at the USPTO, we will work with local counsel to file the application on your behalf. Such services will include additional fees charged by local counsel.

If you wish to file a USPTO application based on an existing international application or registration, we will handle both the application and any possible priority claims.

Lloyd & Mousilli, PLLC

Feras Mousilli