Trade Mark Information

Who will own the Trade Mark?  This can be an individual, joint owners or a company.

What are your contact details?

Telephone

Email

Enter the exact words you are seeking to register as a trade mark  If you're trade mark is a logo, enter 'logo' below and we will request your logo by email.

What products will you use the trade mark for?

Prior to filing we prepare a confidential Brand Report taking into account 23 separate legal factors

 Engagement Agreement

1. Scope of Work
1.1 You have instructed us to prepare and file a Trade Mark application in Australia on your behalf. We will accept instructions from you only.
2. Doing the Work
The person signing this letter will be the person responsible for and in control of this matter. They are also the person whom you may contact with regard to costs. However there may be changes of responsible person over time (which will be notified to you) and other staff may work on the matter as reasonably required.
3. Fees
3.1 We charge fixed fees for the services described above. We do not charge for disbursements.
3.2 You acknowledge that additional fees may be payable if the scope of work changes.
3.3 Our fees are subject to GST. Unless otherwise specified, the amounts or rates quoted for fees under these terms are inclusive of GST.
4. Termination
4.1 You have the right to terminate our services at any time by providing notice to us.
4.2 Upon good cause such as failure to comply with the terms of this agreement or if in our view the necessary relationship of confidence no longer exists between us we have a right upon reasonable notice to terminate our engagement and cease acting for you, and in litigation, opposition or trade mark matters apply to be removed from the Court file as your representatives.
4.3 All fees and expenses incurred prior to termination by either you or us are then immediately billable to you.
4.4 Subject to any court order to the contrary or consequent agreement to the contrary, you agree that we are entitled to retain all moneys, papers and records relating to this matter until our bills are paid.
5. Conflicts of Interest
We will not intentionally become involved in a situation where there is a conflict of interest of a legal nature between you, us and/or another client but if through inadvertence or unforeseen circumstances this should occur we may be obliged to terminate the engagement in this matter.
6. Storage of Records
We will store your files for 7 years following completion of the matter. We do not charge for this storage, but if you require us to retrieve any of your files stored by us after completion of the matter, you agree that we will charge you a reasonable fee for the services required. You authorise us to destroy any of your files retained by us after 7 years following the completion of the matter. We encourage you to collect your file from us for your own records within 7 years after completion of the work.
7. Your Agreement to Work with Us
It is a term of this agreement that you will reply to correspondence, return phone calls, respond reasonably to requests for instructions, and pay accounts or pay money into trust when reasonably required. If you do not work with us in these ways then we may terminate this agreement. In such circumstances, you agree that you will file a notice of acting in person in any current court proceedings in which we have been acting for you.
8. Authorisation
It is a term of the engagement that should we receive any money from you or on your behalf other than for a specified purpose, we are at liberty to apply that money in payment of our outstanding accounts if nothing has been heard from you disputing the accounts within 14 days after delivery.
9. Copyright
We own the copyright in all documents we author in supplying our services and you have the right to use those documents only for the purposes for which they are supplied.
10. Confidentiality
10.1 You acknowledge and agree that in applying for a trade mark certain information is required to be disclosed on the public register, including the applicant's name and address.
10.2 We must maintain strict confidence in any Confidential Information provided by you. We may disclose Confidential Information if compelled to by law, or other professional duty provided that we must do so in confidence (wherever possible). Confidential Information does not include any information that at the time it is provided by you to us is (a) already in the public domain or (b) already in our possession (provided that such information is not in our possession as a result of a breach of confidence by any person which is actionable by you).
11. Applicable law
These terms are governed by South Australian law. All parties consent to the non-exclusive jurisdiction of the courts of South Australia with regard to any dispute arising under or out of them.

Agreed to and accepted by:

I agree to the above.


24 February 2020

Benjamin David Lehman
Lehman Law

 Payment Authorisation

TOTAL DUE NOW: $550
Goverment filing fee of $250~330 per class will be due when we file your application.

We will invoice you for our service fee when we receive your instructions to proceed. The service fee is payable prior to our delivery of the Brand Report to you. The Government Application Fee is only payable if you decided to proceed with an application. If you do not decide to proceed with an application (for example, if our Brand Report highlights issues which you consider too difficult to overcome), you will not be invoiced the Government Application Fee.

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