*For new trademark applications, Bizee.com charges a flat “Filing Fee” of $350 per class in addition to other fees. Government filing fees for filing a trademark application range from $250 to $350 per class. The $250 application type requires more precision and effort than the $350 application type, so in situations where your attorney uses the $250 application type, the remaining $100 is used to cover the additional labor for that application type.
Limited Scope Representation Agreement
This Limited Scope Representation Agreement ("Agreement") is between
Bizee.com, LLC ("Bizee.com" or "bizee.com" or "Bizee" or
"Bizee") and the individual purchasing an Trademark Registration
service ("Service") ("you," or "your") (together, the "Parties") on
the bizee.com website. A limited scope representation means that
the amount of work the attorney performs for you is limited to
certain tasks. Limited scope representation is a means to provide
access to legal services while making legal help affordable. The
remainder of tasks required outside the scope of this Agreement, if
any, will be your sole responsibility.
This Agreement is effective as of the date of purchase of the
Service. By completing your purchase, you agree to the terms of this
Agreement as follows:
1. Firm and Additional Services
Bizee.com may use certain service providers to complete the
services under this Agreement. Any funds required for those covered
services are included in your original payment and require no
additional payment by you to Bizee.
Bizee.com has the right to subcontract services under this
Agreement to lawyers located in the United States. Services
performed by attorneys in the United States are governed by the
ethical rules in the state of the licensed attorney.
For the purposes of this Agreement, "your attorney" or "attorney"
means the attorney or firm listed as the attorney of record on your
trademark application.
Once your application is (1) approved by the United States Patent
and Trademark Office ("USPTO"), (2) rejected by the United States
Patent and Trademark Office ("USPTO") and you do not retain your
attorney as counsel, or (3) objected to by a third party and you do
not retain your attorney as counsel, your attorney may remove itself
as the attorney of record on your trademark unless they are retained
by you to monitor or continue as the attorney of record for your
subsequently registered trademark. This is the end of your Limited
Services.
2. Filing Fees
For new trademark applications, bizee.com charges a flat “Filing
Fee” of $350 per class in addition to other fees. Government filing
fees for filing a trademark application range from $250 to $350 per
class. The $250 application type requires more precision and effort
than the $350 application type, so in situations where your attorney
uses the $250 application type, the remaining $100 is used to cover
the additional labor for the $250 application type.
The cost of the service provided by bizee.com solely covers the
filing of the trademark application in one class of goods or
services. The cost does not include any additional classes or other
work associated with the trademark application, including, but not
limited to, responses or communication with the USPTO. Filing in
additional classes will require additional expenses as discussed
with and determined between you and your attorney.
3. Included Limited Services
This Agreement is for a limited scope of legal services. You retain
bizee.com to provide the following limited services ("Limited
Services") within 120 days of your purchase of the Service:
a. A knockout trademark search, which is a search at the USPTO
database for exact matches, it is not a comprehensive clearance
search and does not necessarily indicate trademark availability;
b. A review of your search results and, as deemed necessary by your
attorney, consultation on potential conflicts;
c. If appropriate, preparation and filing of your trademark
application with the USPTO, where your attorney will serve as
attorney of record (subject to the limitations herein) and your
attorney will sign the trademark application attesting to the
veracity of the content and the use of the mark in commerce, or a
bona fide intent to do so, as alleged by you. In such case, you
shall defend, indemnify, and hold harmless your attorney from any
harm resulting from any statements made by your attorney (upon
direction from you) in the trademark application which are false.
4. Excluded Services
This Agreement specifically excludes the following services:
a. Work required to proceed with an application where the attorney
believes there is a conflict;
b. Work on Office action issues;
c. Work on appeals or notices of suspension subsequent to the filing
of your trademark application;
d. Representation for responses to third-party objections of any
kind;
e. Intellectual property litigation, cease & desist demands, claims
of infringement, including if the attorney is called upon to perform
additional services such as the subject of a deposition regarding
the trademark applied for under this agreement;
f. The filing of any trademark application where a credit card or
other payment is declined or the funds are not actually received by
bizee.com or a charge back is requested;
g. The filing of any trademark application where the required
specimen or other material is not received by the attorney;
h. If you are not using the trademark in commerce yet, your attorney
will need to file under an intent-to-use basis. If the application
is successful, a specimen will need to be filed later, which will
require additional government and processing fees. If you are not
using the mark in commerce within six months of receiving a Notice
of Allowance from the USPTO, your attorney can file up to five
six-month extensions of time for you provided you meet certain
criteria (such as marketing your products/services), which will
require additional government and processing fees;
i. Monitoring of marks; and
j. Any other service not included as a Limited Service under this
Agreement.
5. Trademark Submitted Material
You are required to submit to bizee.com and/or to your attorney
materials - such specimens, drawings, and/or copies of your work -
in order for your attorney to complete your order and submit your
document(s) to the USPTO.
6. Responsibilities of Parties
a. bizee.com
i. bizee.com agrees to keep you informed (via the attorney) of
progress and developments, and respond to your inquiries and
communications in connection with your trademark application; and
ii. bizee.com agrees to forward (via the attorney) notices
received on your behalf via email to your email address on file up
until the end of Limited Services.
b. You
i. You agree to cooperate and respond promptly to bizee.com and
your attorney;
ii. You agree to update bizee.com and your attorney with any
changes to your contact information, including changes to telephone
numbers, address, and email address;
iii. You agree to regularly check your email address provided to
bizee.com and the attorney;
iv. You agree for your attorney to provide the status of your
trademark application to bizee.com so that if you contact
bizee.com regarding the status, bizee.com will have that
information;
v. You agree that you are solely responsible for receipt of
communications sent via email. If a communication has been sent to
the provided e-mail address, your attorney is not responsible for
any e-mail not received due to the applicant's security or anti-spam
software, or any problems within the applicant's e-mail system; and
vi. You agree that your attorney is not liable for the refund of any
monies paid by you to bizee.com and that your sole recourse for a
refund of any monies paid is through bizee.com.
7. Electronic Communication
You agree to receive communications by email. Your attorney is not
obligated to send correspondence by U.S. or international postal
mail. You understand that the USPTO TEAS filing system is an
electronic filing system. You agree that your attorney may authorize
the USPTO, on your behalf, to contact you at the email address you
have provided in your order, and submit documents and communications
electronically using the USPTO TEAS system. If you fail to comply
with these requirements, the USPTO may charge you additional fees.
Your attorney is not liable for damages caused by your failure to
update and/or check your email address of record.
8. Sharing Documents
You agree that bizee.com may share your order information with
your attorney, and your attorney will perform work in connection
with the Limited Service.
9. Attorney-Client Privilege
You understand that, by submitting your order information using the
questionnaire on the bizee.com website, that information may not
be protected by attorney-client privilege.
10. Termination
a. By You
i. You may terminate your order and discharge your attorney at any
time by written notice, effective when received. Unless specifically
agreed by your attorney and you, your attorney will provide no
further services and advance no further costs on your behalf after
receipt of the notice. You agree to execute and return a
substitution-of-attorney form immediately upon receipt from your
attorney.
Upon termination, all Limited Services will be deemed completed.
b. By bizee.com
i. Withdrawal as Attorney of Record.
Your attorney may terminate your order and withdraw as your attorney
at any time as permitted under the ethical rules of conduct in the
state of license of your attorney. Upon termination, all Limited
Services will be deemed completed.
ii. Conflict of Interest. If, at any point, a conflict of interest
is found between you and another party represented by your attorney,
your attorney may obtain written consent of both parties to proceed.
If a conflict of interest is found which requires your attorney to
decline representation, or if both parties do not consent, your
attorney will not find alternative counsel and you will be issued a
refund.
iii. Automatic Termination after Provision of Services or 120 Days.
If you do not use your Limited Services by the 120th day after your
purchase of the Service, your order will terminate, you will no
longer be entitled to the Limited Services, and you will not be
given a refund.
11. No Guarantee
Neither bizee.com nor your attorney can guarantee a particular
result. There is no guarantee that any trademark application filed
will result in the registration of the proposed mark, or that the
search will increase the likelihood that the proposed mark will be
registered. Although your attorney may offer an opinion about
possible results regarding the subject matter of this Agreement,
your attorney cannot guarantee any particular result. You
acknowledge that your attorney has made no promises about the
outcome, and that any opinion offered by your attorney in the future
will not constitute a guarantee. There is absolutely no guarantee
that any trademark application filed by your attorney will result in
the registration of the proposed mark, or that any search performed
will increase the likelihood that the proposed mark will be
registered, or that the results will be complete. Trademark
examiners at the USPTO each have subjective opinions and these may
vary from examiner to examiner.
12. Entire Agreement
This Agreement contains the entire agreement of the Parties. No
other agreement, statement, or promise made on or before the
effective date of this Agreement will be binding on the Parties.
13. Miscellaneous
This Agreement is governed by the laws of the State of New York in
the United States of America, to which venue and personal
jurisdiction you hereby consent to. Your attorney is not responsible
for the proper operation of any website(s). All orders must be
confirmed by telephone by speaking with the attorney of record or by
email with your attorney of record. You assume all risks for
technical difficulties in placing your order(s) or submitting
information over the Internet.
Updated August 1, 2022