When you submit information to us, you are requesting that we enter into an attorney-client relationship to represent you in regard to the information that you submit. You are not a client of our firm unless and until we review your submission and ensure that we are able and willing to represent you. Accordingly, whenever you submit information to Wells IP Law, LLC, you agree to the following terms:
1. THE PARTIES / EFFECTIVE DATE. This Agreement is made between Wells IP Law, LLC (“we”, “Attorney”) and You (“Potential Client”) and is effective as of date that we accept you as a client.
2. LEGAL SERVICES PROVIDED, RESPONSIBILITIES OF ATTORNEY AND CLIENT. Upon receipt of payment and approval as a client, We will provide the agreed legal services to you, which may include a trademark availability search within the U.S.; discussing your trademark application; preparing a formal description of goods and services; electronically filing your trademark application at the USPTO; tracking and maintaining the trademark application including responding to any Office Actions, and other services as requested and agreed by us. We will keep you informed of developments and respond promptly to your inquiries. You will provide necessary declarations, promptly pay all fees and costs, and keep us informed of your whereabouts and contact information at all times. You agree that our legal services will manage the application process, but that the USPTO may deny the application to register your trademark. In response to questions that we ask about your legal matters, you agree to provide only information that you believe to be truthful and complete.
3. FEE. You agree to pay all fees as agreed in advance; where services are provided before you have agreed on a fee, you agree to pay our reasonable fees as permitted by the applicable codes of professional responsibility. The rules of professional conduct for attorneys in the State of Utah in the United States of America require that unearned clients fees be kept in a separate “trust’ account until the fees are earned and/or the representation terminated by either party. Given the small fees for most of our trademark-related services, you agree to waive this requirement. If you terminate your client relationship with us, any amounts that you have paid that have not been earned or paid to a third party on your behalf will be refunded to you.
4. COSTS AND EXPENSES. In addition to agreed legal fees, you agree to pay Governmental fees as required for services that you request of us.
5. CONFIDENTIALITY: All of our communications with you regarding your trademark or other services, as well as our reports and research related to them, will be maintained in strict confidence and protected by the attorney-client privilege.
6. TERMINATION: You may terminate our engagement at any time by giving us notice. We may also terminate this agreement at any time. In the event that our representation is terminated, You agree to pay any invoice for fees or expenses incurred by us.
7. ENTIRE AGREEMENT / SEVERABILITY. 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. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement will be interpreted according to the substantive laws of the state of Utah, USA.
8. FORM OF SIGNATURES. This agreement may be executed by the parties in electronic counterparts. Your submission of data via our web site constitutes your acceptance of these terms.