TrademarkLock Engagement Agreement


By checking the box on the TrademarkLock signup page, the person identified under the “Name” field on the signup page (“you” or the “Client”) agrees to the terms of this TrademarkLock Engagement Agreement (the “Agreement”) between you and Stark Business Law PLLC (the “Firm”, “us”, “our”, or “we”).

Our firm’s representation pursuant to this Agreement shall become effective only upon our firm’s written confirmation of acceptance via email and your first payment of the Monthly Fee. No attorney-client relationship or representation will be formed until we confirm acceptance of this Agreement via email and receive your first payment of the Monthly Fee. You will not receive any TrademarkLock report, and no Limited Legal Services or representation will be provided, until the firm accepts this engagement via email and receives your first payment of the Monthly Fee.

The Client has contracted for, and the Firm will provide, limited legal services which shall include only the following services (the “Limited Legal Services”):

  • Once per week (except in the event of technical errors) our firm will perform automated searches of the US Patent and Trademark Office’s Trademark Electronic Search System to identify marks which may be considered confusingly similar to the mark(s) you have enrolled in our TrademarkLock program. We will transmit reports summarizing the potential likelihood of confusion findings (the “TrademarkLock Reports”) to you on a weekly basis (except in the event of technical errors) and provide consultations (but not additional legal services) as reasonably requested and provided that there is no conflict of interest.

No other services are provided for in this Agreement. The Firm will perform the Limited Legal Services and respond promptly to the Client’s communications. The Client will cooperate with the Firm, be available as requested, provide all necessary information in a timely manner, and promptly pay all fees and costs. Additional legal services other than the Limited Legal Services described above may be provided for an additional fee if the Client and the Firm both agree, subject to a new written agreement.

The Client understands, acknowledges, and agrees that: (1) the TrademarkLock Reports may not be complete, accurate, or comprehensive, (2) trademark analysis is highly subjective in nature and thus the TrademarkLock reports are designed to provide general guidance but may be subject to interpretation, and (3) our firm will not provide any additional services (including, without limitation, cease and desist letters, litigation, or USPTO proceedings) without an express written agreement, and we may decline to provide any such services. 

The monthly for the Limited Legal Services agreed to by the Firm and Client is $24 per month (the “Monthly Fee”). The Monthly Fee shall be considered earned upon receipt. We may increase the Monthly Fee only upon the mutual agreement of the parties.

The writings, notes, memoranda, business plans, reports of conversations, research and confidential materials which we prepare or receive from the Client will be maintained in strict confidence and under the provisions of the attorney-client privilege. The Client understands that, as is the case with any law firm, the Firm may from time to time represent in unrelated matters a client whose interests may conflict with those of another client. Thus, for example, there may be instances in which the Firm may represent the Client in a matter and, at the same time, the Firm may represent another party in connection with an unrelated matter adverse to the Client. As part of our engagement under this Agreement, the Client consents to such representations so long as they do not involve a direct conflict in a specific matter in which the Firm represents the Client.

Either you or the firm may terminate this Agreement at any time. In the event that representation is terminated, TrademarkLock reports will cease immediately.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. This Agreement may be executed by the parties in electronic counterparts. The persons executing this Agreement below represent and warrant that he or she is fully authorized to (i) execute and deliver this Agreement to the other party on behalf of the party which he or she is signing and (ii) legally bind the party for which he or she is signing.

Any claim, controversy, and/or dispute arising out of and/or relating to this Agreement will be settled by arbitration administered by the American Arbitration Association, in Palm Beach County, Florida, in the English language, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties will each be responsible for payment of one half (1/2) of the fees and costs of the arbitrator.

You may contact our office at:

Stark Business Law PLLC
Attention: Jared Stark, Managing Attorney
40 SE 5th Street
Suite 504
Boca Raton, FL 33432