Home Trademark Search for Band Name Only – Questionnaire

Trademark Search for Band Name Only – Questionnaire

Trademark Search for Band Name Only

    • Engagement Letter

  • Thank you for purchasing a trademark search service through Indie Artist Resource and choosing to engage me as your attorney for purposes of this trademark search service. This letter serves to provide a framework to guide our relationship as attorney and client. First, I will summarize the services I will provide to you, followed by a confirmation of the legal fees we discussed and some other miscellaneous items.

    Services
    I will process and submit your trademark search information for a band name only (“Search”). You understand and agree that your Search will be processed solely based on the information you provide to me and I, any of my affiliates, employees, agents, or otherwise, and Indie Artist Resource will not be liable for any mistakes made in your Search based on the information you provide. You also understand and agree that when I have sent to you the analysis of your Search report, our attorney-client relationship will terminate and I will not owe you any obligations, whether they are past, present, or future. At your request, I will handle any other matters on your behalf in relation to your career in the music and entertainment industries, subject to a new engagement letter and fee agreement as described below.

    Fees
    You agree to pay to me, and I agree to accept, the amount of Nine Hundred Ninety Nine United States Dollars ($999.99) for the Search, payable prior to the Search (“Fee”). If you require or request my services whether for additional searches, registrations, or for another matter, you agree that we will enter into a new engagement letter and fee agreement with an appropriate retainer amount at that time for the continuation of my services.

    Responsibilities
    As your attorney, I will counsel you on the aforementioned matter(s) and answer your questions to the best of my ability. It is understood that you shall solely make all final business decisions.

    As my client, you will be honest with me regarding all information provided in the Search. You shall also pay the amount due on all invoices, as provided above.

    Joint Representation (this section is applicable to bands or registrations with more than one person only) All of you have agreed to be jointly represented by me, but you each understand your right to retain separate counsel. You acknowledge and confirm that you: (1) have been made aware of the considerations and risks involved with representation of multiple parties; (2) have had the opportunity to consult with independent counsel regarding any concerns or chosen to proceed without independent counsel; and (3) have consented to the arrangement.

    Clients are entitled to confidentiality and the attorney-client privilege, but there is no such entitlement from each other; no one client in a joint representation will have an independent claim to confidentiality. Because I owe a duty to each client to keep him or her adequately informed, any relevant information revealed by one client may be discussed with all. Additionally, while these shared confidences are protected from third parties, all clients are entitled to be made aware of any information obtained from a third party source, including those revealed by one of the clients. If information is revealed by one client to a third party, protections of privilege and confidentiality may be lost for all. Finally, in the event that a conflict arises between clients, information communicated during the course of representation would not be privileged or confidential in any subsequent proceedings to resolve the dispute.

    Inherent to joint representations are also considerations of potential conflicts of interest. The most important requirement is that a common stance be taken on all issues; I cannot take contrasting positions on behalf of one client over the other. While interests may be the same at the onset of the matter, it is not uncommon for circumstances to change and cause a divergence of interests. Though I do not currently anticipate any reasons for this to occur, some or all of you may be required to obtain new counsel in the event that it does.

    The nature of the conflict will dictate whether I can continue to provide services to all, some, or none of you, but if representation is to continue for any client in the face of a conflict, all clients must consent to the arrangement. This consent must include indication from each client that the information provided prior to withdrawal may be used during the continued representation of the remaining clients and that he or she will not seek to disqualify me from continuing services. Additionally, in signing this agreement and acquiring my services, each client agrees that if he or she voluntarily withdraws from the attorney-client relationship without the cause of a conflict of interest, I will continue to represent the remaining clients, that information provided prior to withdrawal may be used in the course of this representation and that disqualification of my services will not be sought.

    Miscellaneous
    The Fee for your Search is non-refundable, even if you fail to provide the information required for your Search and your Search is not processed. The client (you) will also bear the responsibility for any bank or other fees owed for bounced or insufficient payment.

    Under California law, whether I have completed the tasks you have asked me to complete or not, either of us can end our relationship and terminate this engagement at any time. Please note that no refund of the Fee shall be given in the event either of us terminate this engagement as both of us acknowledge termination of this engagement will put me out of pocket time and money for undertaking the Search.

    My failure at any time to require performance of any provision hereof shall in no way affect my right thereafter to enforce same; nor shall a waiver by me of any breach of any provision hereof be construed as a waiver of any other breach.

    You acknowledge that you have been represented by independent legal counsel or have had the opportunity to be represented by independent legal counsel of your own choice for the purposes of advising you in connection with reviewing and accepting this agreement. Additionally, you acknowledge that if you have not been represented by independent legal counsel of your own choice for purposes of advising you in connection with reviewing and accepting this agreement, such decision was determined solely by you without any interference by me or any person, firm of corporation affiliated with or related to me.

    If, after reviewing this letter and discussing any questions you have, this letter reflects your understanding of the scope and terms of our relationship for this engagement, please sign this letter where indicated below and return it to me.

    I look forward to working with you.

    Sincerely,

    / Erin M. Jacobson /

    Erin M. Jacobson, Esq.



    By typing my name in the box below, I acknowledge that I have read and understand this letter, which explains the terms and conditions upon which Erin M. Jacobson, attorney, agrees to represent me and that I agree to the terms and conditions described herein. I certify under penalty of perjury that I am the named party on this engagement letter and person whose name appears in the box below, I have the legal authority to request the legal services covered by this engagement letter, and the act of typing my name shall represent my signature.

    • Trademark Search Information

 

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