Trademark Clearance Assessment: Engagement Request and Limited-Scope Agreement
This is a request. Signing does not create an attorney-client relationship. The relationship begins only if and when the firm completes its conflict review and sends a written acceptance.
Limited scope. The client requests that The Branding Iron conduct a trademark clearance assessment covering the proposed marks and classes identified in the request, and provide a written assessment. Each combination of one mark in one class is one unit of the assessment. The firm determines final scope; goods or services that are not reasonably related to a class identified for a mark may fall outside the fixed fee.
Fee & charge timing. The fixed attorney fee is set by the number of units in the request: $295 for one unit, $495 for two, $650 for three, $800 for four, and $150 for each additional unit. The fee for this engagement is the amount shown in your request summary. You are not charged when you submit this request. The fee is due and payable when the firm completes its conflict review and confirms in writing that it can accept the matter. It is earned as the work is performed. You authorize the firm to charge the saved payment method that amount at that time, without further action required from you, and work on the assessment then begins. If the firm cannot accept the matter, no charge is made and no attorney-client relationship is formed.
Cancellation & refunds. You may cancel this request at any time before the firm accepts the matter, and no fee is charged. After acceptance you may end the engagement at any time by notifying the firm in writing. The fee is earned as work is performed, and the firm will refund any portion that has not been earned. If searching has not begun, the full fee is refunded. If searching has begun but the written assessment has not been substantially completed, half the fee is refunded. Once the written assessment has been delivered, the fee is fully earned and no refund is due. If the delivered assessment covers fewer units than the request, the fee is reduced pro-rata for the units not assessed. The firm may also end the engagement if a conflict, an incomplete or inaccurate disclosure, or a circumstance beyond its reasonable control prevents it from completing the assessment competently, and the same refund terms apply. Refunds are issued to the payment method charged, within 14 days. If the fee is refunded, the filing credit does not apply to the refunded units.
No guarantee. Trademark searching depends on public information that may be incomplete or delayed. The firm cannot guarantee USPTO approval, that no third party will object, or that every relevant use or claim will be found. A favorable assessment reflects professional judgment based on information available on the search date; later filings, undiscovered common-law uses, and future business changes may alter the analysis.
Filing credit. Retain the firm for a Full Filing on a mark and class covered by this assessment within 30 days of delivery and $295 is credited toward that filing's attorney fee (government fees additional). The total credited across all filings will not exceed the assessment fee you paid.
Electronic communications & signatures. You agree that this engagement may be conducted electronically. Typing your name in the signature field is your electronic signature and has the same effect as a handwritten signature. The firm will send the written assessment, notices, and other documents for this matter by email to the address you provide, and delivery is effective when the firm sends them. If the firm learns that a delivery failed, it will resend it or use another reasonable method. You agree to keep that address current, to monitor it including its spam folder, and to tell the firm promptly if it changes. Email is not a perfectly secure medium and can be delayed, misdirected, or intercepted; tell the firm if you would prefer another method for a particular document and a reasonable alternative will be arranged. You may request a paper copy of this agreement or the written assessment at no charge. You may withdraw your consent to receive future documents for this matter electronically by notifying the firm in writing, which does not affect the validity of anything already signed or delivered. Agreeing to conduct this matter electronically does not obligate you to conduct any other matter electronically.
General provisions. Governing law: Massachusetts, except where federal law or USPTO rules govern. Forum: state or federal courts in Massachusetts, unless applicable law requires otherwise. The report is prepared solely for the identified client and may not be relied upon by third parties without written consent; it is attorney work product intended only for the client. The firm may use attorney-supervised technology, including AI tools, to assist; all analysis and final work product are attorney-reviewed and approved before delivery. This agreement controls over any inconsistent website statement and is the complete agreement for this assessment; later work requires a separate engagement.
A copy of this agreement (versioned and dated) is emailed to you, with your signature and the terms you accepted, once you have saved your payment method.
