Below is the Limited Scope Agreement related to your request from TH Legal for the filing of your trademark application. If you have any questions about the contents of the Limited Scope Agreement and would like to have any terms explained to you before you agree, please send a message with your contact information to info@thlegalfirm.com and we will schedule a free phone consultation with you.
Limited Scope Legal Services Agreement - Trademark Registration Filing
I. Parties to Agreement This Legal Services Agreement (“Agreement”) is entered into between you, the Client (“you”, “your”, or “Client”), and TH Legal, LLC, (“TH Legal”, “we”, or “our”), a New Mexico Limited Liability Company. Client and TH Legal may be referred to as a “Party” or collectively as the “Parties”. If you are an individual or entity entering into this Agreement for the registration of a trademark that you solely own, the term “Trademark Owner” shall refer solely to you. If you are entering into this Agreement for the registration of a trademark that you own jointly with additional individuals or entities, the term “Trademark Owner” shall refer to all joint owners of the trademark.
If an individual is entering into this Agreement on behalf of an entity Client or for the registration of a trademark with multiple owners, that individual represents and warrants that they have the full authority to enter into this Agreement on behalf of the entity and/or the additional owners, to retain TH Legal for the services outlined by this Agreement, and to act on behalf of the Trademark Owner. That individual acknowledges that we are reasonably relying on this representation.
This Agreement is effective as of the date that the Client requests services from TH Legal (the “Effective Date”), by electronically agreeing to this Agreement. If you have questions about this Agreement that you would like to discuss with an attorney, you can discuss its contents with a TH Legal attorney prior to agreeing to its contents. You may do so by sending an inquiry to info@thlegalfirm.com. You also have the option to discuss its contents with an attorney of your choice at your own expense.
The Parties understand and agree that the legal representation contemplated by this Agreement is subject to TH Legal’s acceptance and that all terms below describing the provision of legal services and the existence of an attorney-client relationship will only be in effect after TH Legal has accepted providing legal services for Client.
A. The Client Client explicitly acknowledges and agrees that it is the Client under this Agreement. Any legal advice provided pursuant to this Agreement is provided for the exclusive benefit of Client. No person or entity, including but not limited to any officers, agents, employees, attorneys, managers, directors, partners, or any other person or entity that may be related to Client, other than Client is entitled to rely on the legal advice provided by TH Legal and TH Legal shall have no liability in respect of advice provided to any third party other than Client.
B. TH Legal TH Legal is an affiliate of Trademark Highway LLC, and the services of TH Legal may be requested through the Trademark Highway website. The use of the Trademark Highway website is subject to Trademark Highway’s Terms of Use and Privacy Policy. Any services or products purchased from Trademark Highway LLC that are provided and rendered directly by Trademark Highway LLC shall be governed by the applicable terms and conditions contained in Trademark Highway’s Terms of Use.
Although TH Legal is utilizing the technology of Trademark Highway LLC, all Parties acknowledge and agree that Trademark Highway LLC is not a party to this Agreement. TH Legal is a law firm that is authorized by the State of New Mexico to provide federal trademark legal services. Trademark Highway LLC is not a regulated provider of legal services. Other affiliates of TH Legal may assist TH Legal with administrative functions such as marketing, technology, and accounting services, but TH Legal is solely responsible for the provision of legal services to you and the representation of you in any trademark-related matter.
The terms of this Agreement are only applicable to the Trademark Filing rendered hereunder and do not apply to any products or services that are purchased through the Trademark Highway website that are rendered by Trademark Highway LLC or another third party. For instance, an optional tool you may purchase in connection with your request for services directed to TH Legal is the trademark monitoring subscription service. This tool is offered and provided solely by Trademark Highway LLC.
Although TH Legal is made available through Trademark Highway, you have a choice as to which law firm you want to represent you in your trademark matter. You are not obligated to use TH Legal for your trademark needs.
No affiliate or parent of TH Legal shall be liable for any service performed pursuant to this Agreement.
II. Engagement
A. Prospective Clients TH Legal has no obligation whatsoever to provide legal services to Client until Client pays in full the fee required by this Agreement and TH Legal accepts engagement by the Client. The provision of legal services is subject to the acceptance of the Client’s request by TH Legal. Acceptance by TH Legal will be determined in connection with a preliminary check, which includes a conflict-of-interest check.
You acknowledge that it is your responsibility to disclose to TH Legal any entities related to you in order for TH Legal to perform our conflict check obligations. If you fail to make these disclosures within one day after requesting services, you waive any conflict-of-interest claims which may exist related to these undisclosed related entities.
There may be situations where TH Legal will not be ethically permitted to accept your request for legal services due to a conflict of interest. Pursuant to this preliminary check, TH Legal may also decline representation of you for any other reason, except, consistent with law, our regulatory requirements, and our internal policies and procedures. TH Legal will not discriminate in the way we provide or refuse to provide our services on the grounds of race or racial group (including color, nationality, and ethnic or national origin), sex (including marital status, gender reassignment, pregnancy, maternity and paternity), sexual orientation (including civil partnership status), religion or belief, age, or disability. Attorneys have sole discretion concerning which matters and/or Clients to engage, and the appropriate course of legal action in any matter.
Following the preliminary check, TH Legal will either send you a confirmation email, denial email, or an email requesting further action on your end. For purposes of the provision of legal services under this agreement, the “Engagement Date” under this Agreement will be the date that a confirmation email is sent to you.
B. Attorney-Client Relationship An attorney-client relationship is formed between TH Legal and Client on the Engagement Date of this Agreement.
Each TH Legal attorney has obligations and duties under professional rules of conduct, state and federal laws, and laws governing the United States Patent and Trademark Office (the “USPTO”). These duties and obligations will be strictly adhered to during the representation of each client and prior to accepting the engagement of any client. In the event of a conflict between the interests of the non-attorney stakeholders of TH Legal and these duties and obligations of the TH Legal attorney, the TH Legal attorney is ethically bound to place their duties and obligations to the USPTO, courts, and clients before the interests of these non-attorney stakeholders.
Attorneys at TH Legal are compensated by salary, rather than commission, and do not own equity in TH Legal, nor its parent or affiliates. Attorneys of TH Legal will under no circumstances advise Client to act against Client's best interests as those best interests have been reasonably identified by that attorney.
TH Legal shall maintain confidentiality as it relates to the attorney-client and attorney work product privileges. TH Legal agrees to ensure that the disclosure of any of Client’s confidential information to third parties will be governed by confidentiality obligations at least as stringent as the obligations that TH Legal has to Client. Client understands that you must communicate confidential information only through the licensed attorney with whom you have an attorney-client relationship at TH Legal. Client understands that, from time to time, non-attorneys may assist you with matters such as, but not limited to, billing, status updates, the initial review of new trademark filings, marketing, technology, and accounting services. TH Legal will ensure that all non-attorneys employed by TH Legal sign a confidentiality agreement for any handling of Client information and any work product produced for review and final approval by an attorney.
III. Limited Scope Representation This section is effective as of the Engagement date. This Agreement is different from an attorney-client retainer agreement. Unlike a retainer agreement, this agreement is for unbundled service(s), meaning limited scope representation by an attorney. Limited scope representation means that your matter is broken into segments, and you pay an attorney only for the segments agreed upon. As your matter progresses, you may choose to engage a TH Legal attorney for additional services under a separate agreement as you may need such additional services.
A. Trademark Preparation Client and TH Legal agree that TH Legal is engaged to prepare and file an application for trademark registration of a trademark (the “Mark”) for the Trademark Owner (“Trademark Filing”). Client understands, confirms, and grants power of attorney to TH Legal to file the trademark application for the Mark with the United States Patent and Trademark Office.
B. Included Services The scope of the services to be performed by TH Legal pursuant to an engagement for a Client’s Trademark Filing is limited to the following:
● Performance of a direct-hit search, a comprehensive federal search, and proprietary common law trademark search conducted for the Mark;
● The preparation and electronic filing of the Trademark Owner’s application with the USPTO;
● A review email summarizing suggestions made by a TH Legal attorney regarding your trademark application; and
● A single phone consultation with a TH Legal attorney of up to thirty (30) minutes.
C. Excluded Services Unless the Client enters into a separate agreement with TH Legal for the provision of the below services, TH Legal is under no obligation to undertake any of the following:
● Attorney review of any automated pre-filing searches purchased separately from the Trademark Filing;
● Work which TH Legal cannot perform due to ethical issues;
● Responses to Office Actions;
● Work related to an appeal, notice of suspension, or objection subsequent to the filing of Client’s trademark application;
● Representation and/or responses to third-party objections of any kind (whether before or after the date of filing of the trademark application);
● Any work related to intellectual property litigation, cease & desist demands, and/or claims of infringement, including without limitation, requests for the attorney to participate in any deposition concerning any trademark application filed pursuant to this Agreement;
● The filing of any trademark application or other filing where required material (including, without limitation, an appropriate specimen or dates of use) is not received by TH Legal within the Term of this Agreement;
● The filing of any trademark application or other filing where a credit card or other required payment is declined, the funds are not actually received by TH Legal, or Client initiates a chargeback for such funds;
● The paper filing of any trademark application or other documents with the USPTO;
● Monitoring of marks;
● Any work after termination or expiration of this Agreement; and
● Any other service TH Legal did not accept engagement for under this Agreement.
D. Payment of USPTO Fees Client understands and agrees that TH Legal will use the Client’s credit card on file at the time of filing to pay the required USPTO fees for the trademark application. If the credit card is declined, the application or service request will not be handled or processed until the Client provides additional funds or updates the credit card information. TH Legal is not responsible for any delays, missed deadlines, or other issues that arise as a result of the declined payment or delay in processing due to insufficient funds.
IV. Fees and Costs
A. Fee The purchase price for the Trademark Filing (“Service Fee”) described herein is $399. The Client agrees to pay TH Legal the Service Fee. It is expressly understood that this fee is not a retainer, but a flat fee based upon the scope set forth herein.
B. Earned Upon Receipt The Service Fee is due in full before acceptance of the engagement by TH Legal. For clarity, performance of any services hereunder shall not commence until the Service Fee has been paid in full and shall be considered earned upon receipt. Upon receipt, this Service Fee becomes the property of TH Legal and shall be deposited in TH Legal’s operating account, rather than TH Legal’s trust account, and Client hereby expressly agrees that TH Legal may do so. Client expressly understands that the Service Fee is earned regardless of whether the mark is actually filed with the USPTO, as the review by professional legal counsel advising a Client not to proceed with an application can save the Client substantial and non-refundable government fees, marketing expenses, branding expenses, advertising expenses, and loss in goodwill, among other business expenses such as attempting to pursue a name, logo, or slogan that is not likely to be registrable as a federal trademark. Client is hereby informed and hereby understands that advising Client not to proceed requires substantive review and legal analysis (e.g., search, analysis of prior marks, and opinion) by attorneys of TH Legal, and this is a valuable consideration for legal fees earned.
C. Refund Even though the Service Fee is earned on receipt, the Client may nevertheless discharge us at any time and in that event may be entitled to a refund of all or part of the Service Fee based upon the value of the representation. Objections to charges or requests for refunds will only be entertained if made within fifteen (15) days of the date of the bill, or the charge will be deemed final, unless the Rules of Professional Conduct dictate otherwise.
D. Method of Payment The only method of payment accepted by TH Legal is credit/debit cards.
E. Suspension of Account In the event that Client has an overdue account or payment dispute with TH Legal, TH Legal may suspend Client’s account and access to the services provided hereunder until the account is brought current or such dispute is resolved.
F. Costs TH Legal will not and is under no obligation to advance costs related to the Trademark Filing. Any required third-party costs, such as USPTO filing fees, are in addition to the fee for TH Legal’s services. Client’s credit card will be used at the time of filing to pay these fees. If the credit card is declined or there are insufficient funds, the trademark application will not be submitted, and TH Legal will not be responsible for any delays or missed deadlines that may result from this. It is the Client’s responsibility to ensure that sufficient funds are available on the credit card to cover these fees.
V. Client Representations and Responsibilities
A. Client Representations Client represents and warrants that:
● They are not entering into this Agreement for registration of a Mark that they have no interest in on behalf of a third-party trademark owner, except for situations where they are entering into this Agreement as the authorized representative of an entity Trademark Owner;
● They reasonably believe that the Trademark Owner is entitled to use the Mark in commerce and owns the Mark;
● To the best of their knowledge, there is no other person except for the Trademark Owner that is entitled to use the Mark in commerce;
● All information and materials submitted for the purpose of obtaining services under this Agreement are accurate, truthful, and legally correct;
● All information and materials necessary for any filing with the USPTO submitted by the Client are accurate, complete, and not misleading in any manner;
● Client has evidentiary support to back up the information and materials that are submitted;
● They understand that the willful submission of false information to the USPTO may be punishable by law and impede successful registration of their mark;
● Any specimen they submit is an accurate reflection of the Mark as it is used in commerce to sell goods or services and is not a digital mock-up or item made specifically for the purpose of obtaining trademark registration separate from its use in commerce;
● That further representation of the Client may be required to achieve full registration of the Mark, but that representation is outside of the scope of this Agreement.
B. Client Responsibilities Client acknowledges and agrees that it is Client’s responsibility to:
● Cooperate and respond promptly to all inquiries and requests for information from TH Legal in a timely manner;
● Submit all required information electronically;
● Timely inform TH Legal of any changes to the Client’s contact information, including, but not limited to, changes to email address, phone numbers, or physical addresses;
● Regularly check the email address provided to TH Legal. Communications directed to Client from TH Legal will be sent via email;
● Ensure that Client is receiving emails from TH Legal. An acknowledgment of request for legal services will be emailed when an order is placed. If the Client does not receive such an email, it is their responsibility to check whether the email was blocked due to security or spam filters;
● Submit any specimen necessary for a filing connected to the Mark in a timely manner. The submission of a specimen must be done electronically;
● If the services that TH Legal was engaged to provide was the registration of a logo trademark, provide an acceptable logo to be submitted to the USPTO. The submission of a logo must be done electronically.
C. Communication With the exception of any telephonic consultation that is included in the scope of the Trademark Filing to be provided to the Client, all communication between the attorneys of TH Legal and the Client shall be conducted through email. TH Legal is not obligated to and will not send any correspondence through postal mail to the address provided by Client to TH Legal. If Client attempts to send any physical item through the mail to TH Legal, Client recognizes and agrees that TH Legal has no liability for such submissions, may retain digital copies of those submissions, and will not return the materials to Client.
D. Authorization Client expressly authorizes TH Legal to file documents and respond to communications within the scope of the services purchased in connection with this Agreement through the Trademark Electronic Application System (“TEAS”) or other electronic medium on behalf of the Client. Client further expressly authorizes TH Legal to submit the email address on file with TH Legal to the USPTO in order for the USPTO to contact the Client directly following the withdrawal of Client from representation.
E. Withdrawal Upon the expiration of the Term we may withdraw as attorney of record for the registration of your Mark for any reason. You understand and agree that at that point, you will be responsible for representing yourself before the USPTO or engaging the services of an attorney of your choosing for further representation in your trademark registration. You understand that, if you do not obtain representation from an attorney after withdrawal, communications from the USPTO will be directed to you and you will be responsible for meeting any deadlines and responding to any correspondence from the USPTO.
F. Release Client explicitly acknowledges that TH Legal is in no way liable for any action or inaction you take in relation to the registration of your Mark. Client explicitly releases TH Legal from all liability related to a specific filing and/or any effect it may have on Client’s trademark application or trademark rights as a whole, and Client shall indemnify and hold TH Legal harmless from all claims related to same.
VI. Confidentiality
A. Attorney-Client Privilege Any communications between the Client and attorneys of TH Legal will be protected by the attorney-client privilege. However, you acknowledge that the first review email you receive from the attorney regarding your Trademark Filing, which primarily contains a recounting of all the information you have already provided to TH Legal, will be visible to the non-attorney employees of TH Legal and authorized employees of affiliates. To the extent that the attorney-client privilege may apply to this review email, you expressly waive your rights to the privilege for this specific email. Every communication protected by the attorney-client privilege will be held in strict confidence and protected according to industry standards.
B. Information Submitted to Others Information submitted to affiliates of TH Legal is not covered by the attorney-client privilege. For example, requests for services submitted through the Trademark Highway website are not covered by attorney-client privilege and may be shared with other affiliates. Information submitted to non-lawyer employees other than attorney support staff of TH Legal is also not covered by the attorney-client privilege, so Client is discouraged from submitting any non-public information through those avenues.
C. Confidential Information All information received by TH Legal or its employees, either from you or through an affiliate of TH Legal, related to your representation will be held in strict confidentiality in accordance with the New Mexico Rules of Professional Conduct. Each TH Legal employee, and any employee of an affiliate or parent company that has any access to your information, will be trained according to TH Legal’s policies concerning confidentiality and execute a non-disclosure agreement concerning any confidential information that they encounter.
D. Disclosure to Affiliates Client agrees that TH Legal may share information with Trademark Highway LLC and/or TH Legal LLC, its parent company, that is related to TH Legal’s representation of Client, provided that such information is not covered by the attorney-client privilege and only to the extent necessary to assist in the performance of services. Client further agrees that the order information submitted through Trademark Highway during the initial intake process may be shared with TH Legal LLC.
E. Disclosure to USPTO Client agrees and understands that the disclosure of information related to their representation, but not including communications covered by the attorney-client privilege, will be transmitted to the USPTO. Client also understands that information submitted to the USPTO is made publicly available shortly after filing.
F. Confidentiality Standards Client’s confidential and/or privileged information may be stored on a variety of platforms, including third-party cloud-based servers. TH Legal ensures these platforms are protected according to industry standards. Although these platforms are reasonably protected, there is still a risk of inadvertent disclosure of confidential and/or privileged information. Client agrees to the storage of their confidential and/or privileged information on these platforms. Client expressly assumes all risks for technical difficulties in placing its order(s) or submitting any confidential and/or privileged information over the Internet.
VII. Term The Term of this Agreement is for a period of 120 days from the Effective Date, unless terminated earlier as described herein (the “Term”). All Limited Services are deemed completed on the termination of this Agreement, on expiry of the Term, or for any other reason.
We will turn over the hard copy or electronic version of the file to you. If you do not want the file, you agree that the file may be destroyed in accordance with our document retention policy. Currently, it is our policy to destroy files five years after the termination of the representation.
We will inform you of any outstanding deadlines at that time. Unless you get another lawyer to represent you, you will be responsible for representing yourself. This includes filing whatever documents are appropriate within the timeframes specified by statute, order, or rule, and sending copies to the opposing party or their lawyer.
VIII. Termination If any of the following occur, the Term of this Agreement shall automatically terminate:
● If an application is filed pursuant to the services rendered hereunder with the United States Patent and Trademark Office ("USPTO");
● If Client, for any reason, gives written notice of such termination. Such termination shall be deemed effective when received. TH Legal shall provide no additional services and advance no further costs on Client’s behalf after receipt of the notice. Client agrees to execute and return a substitution of attorney form immediately if requested by TH Legal. Upon termination, the Trademark Filing will be deemed completed;
● If, at any time and for good reason, and to the extent permitted by the Rules of Professional Conduct governing the representation, TH Legal gives you reasonable notice in written communication explaining to you the basis of our decision;
● If there is a material breach of any provision of this Agreement by either party, and if that material breach is not cured within 10 days of written notice specifying the nature of the breach; or
● If required under the ethical rules of conduct of the State of New Mexico or the USPTO, or if required due to a conflict of interest, TH Legal shall inform Client in writing if it becomes aware that it has represented a client with an interest in Client’s matter. If a conflict of interest is found which requires TH Legal to decline representation, or if both parties do not consent, TH Legal will not find alternative counsel.
IX. No Guarantee TH Legal does not guarantee any particular outcome with respect to the provision of services outlined in this Agreement. Opinions may be offered by your TH Legal attorney about the potential success of your Mark’s registration, but the TH Legal attorney cannot guarantee any particular result. Each examining attorney employed by the USPTO has their own opinions and may come to a different conclusion about the registrability of your Mark. You expressly understand that there is no promise or guarantee concerning the filing or registration of your Mark and that no statement made by TH Legal or an attorney of TH Legal constitutes a promise or guarantee. You expressly understand that any opinion offered by your attorney does not constitute a promise or guarantee. You further expressly understand that any search provided to you or performed by your attorney in connection with your Mark is not guaranteed to be complete.
X. Governing Law and Dispute Resolution For the purposes of this Section, references to "you," “your” and “we,” "us," or “our” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under this Agreement or any prior agreements between us.
The arbitrability of any Disputes (as defined below) is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of New Mexico govern the non-arbitration-related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All determinations as to the scope, interpretation, enforceability, and validity of this Agreement shall be made final exclusively by the arbitrator, whose award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
RIGHT TO OPT-OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ARBITRATION OPT-OUT, 66 W FLAGLER STREET, SUITE 900, MIAMI, FLORIDA 33130 ATTN: LEGAL OPT-OUT AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be conducted by the AAA under its Consumer Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Bernalillo County, New Mexico, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits us from asking the arbitrator to award all costs of the arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arise out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in Albuquerque, Bernalillo County, US.
"Dispute" is defined as “Any dispute, claim, or controversy between you and us, our members, officers, directors, agents, parent companies, and affiliated companies that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with us that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, or ordinance), tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.”
Complaints against our business are received, investigated, and prosecuted by the State Bar of New Mexico, the State Bar of Arizona, or the applicable state bar of our licensed attorneys. You have the right to file a complaint with the State Bar of New Mexico, the State Bar of Arizona, or any other state bar where any of our attorneys are licensed regarding the conduct of a TH Legal attorney, and to pursue any claims against an attorney as allowed by law, notwithstanding the terms herein.
XI. Notice Any notices required or otherwise sent under the Agreement must be in writing and sent via email. Notices shall be deemed sent on the same business day as transmitted (or the next business day if sent on a weekend or holiday). Notices do not include the correspondence contemplated by the provision of services under this Agreement. Notices shall be sent to the parties at the following addresses:
● If to Client: to Client’s email on file with TH Legal.
● If to TH Legal: info@thlegalfirm.com.
XII. Severability If any provision of this Agreement is unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
XIII. Force Majeure Neither you nor we shall be liable for any failure to perform, or delay in performing, any obligations (other than payment and indemnity obligations) if and to the extent that the failure or delay is caused by Force Majeure and the time for performance of the obligation, the performance of which is affected by Force Majeure, shall be extended accordingly.
XIV. Amendments; Conflicts with Regulatory Requirements This Agreement may be supplemented and/or amended by agreement in writing, but TH Legal is not free to amend provisions which are a matter of applicable professional regulation or law. If any provision of this conflicts with any mandatory element of those regulatory requirements, the latter shall prevail.
XV. Choice of Language The original of this Agreement was written in English, which will be the controlling language in all respects.
The Client has received this Agreement and any other related communications and consents to having received these documents solely in English. If the Client receives this or any other document related to this Agreement translated into a language other than English, it will have no legal or other effect.
By accepting this Agreement, the Client confirms having read and understood the documents relating to this Agreement which were provided in English.
XVI. Entire Agreement This Agreement incorporates by reference any notices hosted on the Trademark Highway website by TH Legal. This Agreement and any agreements or notices incorporated herein constitute the entire agreement and understanding between you and TH Legal regarding the provision of legal services for Trademark Filing of your Mark. This Agreement and any agreements referenced herein constitute the entire agreement and understanding between you and us regarding the provision of the Trademark Filing. No other agreements, statements, or representations made before the Effective Date will be binding upon the Parties.