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Spiegel & Utrera, P.A. Trademark Search and or Trademark Filing Agreement

The client (hereinafter, "Client"), by ordering the the Trademark Search and or the filing of a Trademark from Spiegel & Utrera, P.A. has agreed to this agreement and hereby retains and employs the law firm of Spiegel & Utrera, P.A. as attorney to perform a trademark search and or to file a trademark application for its trademark at the United States Patent and Trademark Office and or appropriate state agency as requested by the client.

  1. As compensation for its services, Client has paid Spiegel & Utrera, P.A. and Spiegel & Utrera, P.A. acknowledged receipt of the fees contained on the order form processed with this Trademark Search and or Trademark Filing Agreement.

  2. Client authorized Spiegel & Utrera, P.A. to take the necessary steps to perform a trademark search and or file its trademark, with the United States Patent and Trademark Office and or appropriate state agency.

  3. Client acknowledges that Spiegel & Utrera, P.A. has made no guarantees as to the successful outcome of Client’s trademark search and or trademark filing with the United States Patent and Trademark Office and or appropriate state agency. All expressions relative to the outcome of the trademark search and or of this filing  with the United States Patent and Trademark Office and or appropriate state agency as requested by the client are only Spiegel & Utrera, P.A.'s opinion.

  4. In the event that Spiegel & Utrera, P.A. is discharged without just cause at a time when the attorney’s services have been substantially performed, it will be presumed that the initial fees described herein have in fact been incurred.

  5. In the event of any arbitration or lawsuit in any way arising out of our relationship as attorney and client in which Spiegel & Utrera, P.A. shall be the prevailing party, then Spiegel & Utrera, P.A. shall be entitled to collect from Client all costs and expenses incurred by Spiegel & Utrera, P.A. in such action including reasonable attorney fees.

  6. The invalidity or unenforceability of any particular provision hereof shall not affect the remaining provisions of this Agreement, and this Agreement shall be construed in all respects as if such invalid unenforceable provision were omitted.

  7. This Agreement has been negotiated and prepared and shall be performed in the State of Florida. The validity, construction and enforcement of, and the remedies under this Agreement shall be governed by and in accordance with the laws of the State of Florida (except that if any choice of law provision under Florida law would result in the application of the law or of a state or jurisdiction other than the State of Florida, such provision shall not apply).

  8. The Client grants to Spiegel & Utrera, P.A. a Power of Attorney to execute all documents on the Client's behalf in connection with the trademark search and or the filing of the trademark with the United States Patent and Trademark Office and or appropriate state agency.

  9. Notices and requests required or permitted hereunder shall be deemed to be delivered hereunder if actually delivered, or in lieu of actual delivery, if mailed with postage prepaid or delivered, in writing to the Client at the address listed in the Spiegel & Utrera, P.A. online trademark order completed by the Client.

    To Spiegel & Utrera, P.A. at:

    Spiegel & Utrera, P.A. Telephone Number: (800) 603-3900
    P.O. Box 450605 Facsimile Number: (800) 603-0606
    Miami, Florida 33245-0605

    Or emailed to:
    info@amerilawyer.com
     

  10. The Client agrees to pay Spiegel & Utrera, P.A. its fees and to reimburse Spiegel & Utrera, P.A. for costs and advances on the Client's behalf no later than ten days from the date that Spiegel & Utrera, P.A. shall bill Client for same. The Client also agrees to pay interest at the rate of one and one-half percent per month on any bill, or portion thereof, that remains unpaid for thirty days.

  11. The initial fee provisions of this Agreement shall apply only to the matter referenced above. Any other matters that Spiegel & Utrera, P.A. shall handle for the Client, from time to time, shall be billed at Spiegel & Utrera, P.A.'s usual rate per hour, unless other arrangements are made in writing between the parties.

  12. It is agreed and understood that this employment is limited to the service of performing a trademark search and or preparing and filing the trademark application for Client pertaining to the trademark with the United States Patent and Trademark Office and or appropriate state agency as requested by the client and any additional work associated with this trademark filing shall be charged to the Client at Spiegel & Utrera, P.A.’s customary hourly rate.

  13. In the event that the Client discharges Spiegel & Utrera, P.A. as its attorneys and the Client's  trademark search and or trademark has completed the filing process with the United States Patent and Trademark Office and or appropriate state agency as requested by the client, then the Client agrees that Spiegel & Utrera P.A.’s compensation for attorney fees shall be its customary hourly rate times the number of hours Spiegel & Utrera, P.A. has expended on the Client’s behalf in performing a trademark search and or trademark filing for the trademark with the United States Patent and Trademark Office and or appropriate state agency as requested by the client.

  14. This Agreement may not be modified or amended except by an instrument in writing duly executed by the parties hereto. The pursuit by Spiegel & Utrera, P.A. of any of the remedies provided for in this Agreement shall not constitute a waiver of any of the remedies available to Spiegel & Utrera, P.A. in law or equity. A waiver by Spiegel & Utrera, P.A. of any breach of this Agreement by the Client shall not constitute a waiver of any other breach. Forbearance or omission by Spiegel & Utrera, P.A. in enforcing any of Spiegel & Utrera, P.A.’s remedies upon the Client's breach, shall not constitute a waiver of any of Spiegel & Utrera, P.A.’s remedies. No waiver of compliance with any provision or condition hereof and no consent provided for herein shall be effective against Spiegel & Utrera, P.A.’s, unless evidenced by an instrument in writing duly executed by Spiegel & Utrera, P.A.

  15. The parties to this Agreement agree that jurisdiction and venue shall properly lie in the county of Spiegel & Utrera, P.A.’s principal office, Miami Dade County, Florida, with respect to any legal proceedings between the parties arising from this Agreement.

  16. This Agreement may be executed in one or more counterparts, and all such counterparts shall constitute one and the same instrument.

  17. This Agreement contains the entire understanding between Spiegel & Utrera, P.A. and the Client with respect to the subject matter contained herein. This Agreement supersedes in all respects all prior and contemporaneous, written or oral, understandings, representations and agreements of the parties concerning the subject matters contained herein.

  18. A facsimile copy or electronic copy of this Agreement and any signatures affixed hereto shall be considered for all purposes as originals.

By placing this order  the above employment is hereby accepted upon the terms stated herein.

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MiamiNew York CityClifton, NJ
1840 Coral Way
4th Floor
Miami, FL 33145
Toll Free: (800) 603 - 3900
(305) 854-6000
Fax: (305) 857-3700
Natalia Utrera, Esq.,
Managing Attorney
1 Maiden Lane
5th Floor
New York, NY 10038
Toll Free: (800) 576-1100
(212) 962-1000
Fax: (212) 964-5600
Omoti Musa-Agboneni, Esq.
Managing Attorney
642 Broad St., Suite 1B
Clifton, NJ 07013
Toll Free: (888) 336-8400
(973) 473-2000
Fax: (973) 778-2900
Sandy A. Adelstein
Managing Attorney
   
Los AngelesDelawareLas Vegas
8939 S Sepulveda Blvd.
Suite 400
Los Angeles, CA 90045
Toll Free: (888) 520-7800
(310) 258-9700
Fax: (310) 258-9400
Michael A. Bustos, Esq.
Managing Attorney
9 East Loockerman Street
Suite 202
Dover, DE 19901
Toll Free: (888) 641-3800
(302) 744-9800
Fax: (302) 674-2100
Courtney Riordan, Esq.
Managing Attorney
2545 Chandler Avenue
Suite 4
Las Vegas, NV 89120
Toll Free: (888) 530 4500
(702) 364 2200
Fax: (702) 458 2100
Joel S. Beck, Esq.
Managing Attorney
   
Chicago    
Continental Office Plaza, Suite L12
2340 Des Plaines River Road
Des Plaines, IL 60018
Toll Free: (888) 514-9800
(312) 443-1500
Fax: (312) 443-8900
Michael C. Welchko, Esq.
Managing Attorney
   
   
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