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Attorney-Led Trademark Registration

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Attorney-Led Trademark Registration Service Continuation
Limited Scope Representation Agreement

This Attorney-Led Trademark Registration Service Continuation Limited Scope Representation Agreement (“Agreement”) is between Pulse Global Services Limited (“Pulse”, “we”, or “our’), a limited liability company incorporated in England & Wales, and the person(s), entity, or recipient of the attorney led trademark services to be provided by Pulse (“Client”, “you”, or “your”) (together, the “Parties”).
This Agreement is effective as of the date when accepted by Client and the corresponding fee (detailed below) is paid to Pulse (“Effective Date”). By clicking the button above, Client agrees to the terms of this Agreement.
In the event that the signing individual is entering into this Agreement on behalf of an additional person(s) or entity (to include, without limitation, a corporation, limited liability company, partnership, limited partnership, joint venture, trust, or estate), the person entering into this Agreement represents and warrants that he/she is authorized to: (i) enter into this Agreement on behalf of the entity or additional person(s); (ii) to retain Pulse to provide the trademark services set forth herein; and (iii) otherwise act on behalf of Client as required by this Agreement.
The Client explicitly acknowledges and agrees that it is the Client under this Agreement and any legal advice is provided for the exclusive benefit of the Client. Client further agree that our services, advice and other communications with Client are confidential and Client may not, without our prior written consent, disclose them to any person (other than to your employees and agents who require access and who do not disclose them further) or otherwise made public except as required by law or other regulatory authority to which you are subject.
No person or entity other than the Client is entitled to rely on the legal advice provided by Pulse and Pulse shall have no liability in respect of advice provided to any third party other than the Client. Accordingly, the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded, save to the extent we expressly agree otherwise.
The Parties acknowledge and agree that LegalZoom.com, Inc., is not a party to this Agreement and is not liable for services performed pursuant to this Agreement. A limited scope representation means that the amount of work the attorney performs for Client is limited to certain tasks. Any tasks outside the scope of this Agreement will be Client’s sole responsibility.

Firm Services and Use of Third Parties

To render the services under this Agreement, Pulse may use third-party service providers, both for services generally and for attorneys located in the United States. Any funds required for these third-party service providers are included in your original payment and require no additional payment.
Pulse utilizes attorney and support staffing services from Pulse Business, LLC, and Pulse IP, LLC. Neither Pulse Business, LLC, nor Pulse IP, LLC, are providers of legal services regulated by the Solicitors Regulation Authority. Those third-party service providers are acting on behalf of Pulse in the provision of legal services under this Agreement and the Client acknowledges that it has no contractual or other relationship with the third-party providers. All contract attorneys provided by Pulse Business, LLC, or Pulse IP, LLC, are licensed to practice law by the appropriate body in their respective jurisdiction(s). Services performed by attorneys in the United States are governed by the applicable ethical rules in the state(s) of the licensed attorney.
Pulse may utilize marketing, technology, and staffing services of LegalZoom.com, Inc. or other third parties. LegalZoom.com, Inc., is not a regulated provider of legal services. The terms and conditions of this Agreement are the sole set of terms and conditions applicable to the services hereunder and shall replace any terms and conditions set forth on the LegalZoom website specifically as related to these services.
Pulse 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 Pulse has to Client.
Pulse works as co-counsel with LZ Legal Services, LLC (“LZLS”), located at 101 N. Brand Blvd Glendale CA, 91203, also a subsidiary of LegalZoom.com, Inc. (LegalZoom). As such, Pulse may utilize attorney and support staffing services from LZLS. LZLS is not a provider of legal services regulated by the Solicitors Regulation Authority. LZLS is a law firm licensed by the Arizona Supreme Court as an Alternative Business Structure (License #70123).
All contract lawyers or attorneys providing services to Pulse or LZLS, are regulated and licensed to practice law in their respective jurisdiction(s).

Pulse agrees to ensure that the disclosure of any of Client’s confidential information to LZLS will be governed by confidentiality and privilege obligations in respect of matter and personal data at least as stringent as the obligations that Pulse has to Client.

In addition to the funds paid for the services hereunder, Client shall also be responsible for applicable filing fees. See below for more information.

Included Limited Legal Services

Client and Pulse agree that Pulse is not engaged to represent Client generally in intellectual property or trademark matters, but rather, that such representation is limited to certain specific attorney led trademark legal services (“Limited Services”) as further described in detail below, and do not include any other services. We will provide the Limited Services in accordance with the relevant law in force at the date of delivery of the Limited Services.
While performing the Limited Services, Pulse:

Does not promise any particular outcome;
Relies on Client’s disclosure of information;
Does not have to provide more services than set forth in this Agreement; and
May advise that limited representation is not reasonable for Client, and advise that Client needs additional services or another lawyer.

Client Information
In the provision of the Limited Services, Pulse is entitled to assume that:

you will provide us with all information which is relevant to the matter; and
ensure that all information provided to us is complete in all material respects and not misleading.

By entering into this Agreement, Client hereby retains Pulse to provide the Limited Services. The full suite of options for the Limited Services is limited to the following:

A single phone consultation (not to exceed 30 minutes) with an attorney* (“Initial Consultation);
A trademark search including USPTO and common law results;
A review of Client’s search results and, as deemed necessary by Pulse, consultation on potential conflicts;
Preparation and filing of your trademark application with the USPTO, where your attorney will serve as attorney of record (subject to the limitations herein) and Client will sign the trademark application attesting to the veracity of the content and the use of the mark in commerce, or bona fide intent to do so, as alleged by the Client. Alternatively, at Pulse’s option, Pulse may sign the trademark application on behalf of the Client. In such case, the Client shall defend, indemnify, and hold harmless Pulse from any harm resulting from any statements made by the Client in the application which are false or misleading.
Other tasks as mutually agreed upon by Client and Pulse. Pulse retains sole discretion with respect to whether a task or service is in or out of scope under this Agreement.

*A Client with an order for a single trademark is entitled to single consultation of up to thirty (30) minutes. A Client with an order for multiple trademarks is entitled to a single consultation with additional time for each additional mark (to be established by Pulse in its sole discretion).
Because this is a continuation of services subsequent to the previous Limited Scope Representation Agreement, Pulse shall resume the process and Limited Services where it makes the most sense for Client (in Pulse’s sole discretion) and those services will likely include a portion (but not all) of the possible Limited Services.
Subject to additional terms (see below), the term of this Agreement is for a period of 120 days from the Effective Date. Subject to Pulse’s discretion in what services are appropriate, Client shall maintain control over which services within the Limited Services it would like to utilize, however such Limited Services must be completed within the Term. Additionally, regardless of whether Client chooses to proceed with some, all, or none of the possible services hereunder (i.e., Client has a trademark search completed but does not proceed with an application; Client never completes any services after the Initial Consultation; or Client dislikes the results of the search result analysis), the Limited Services will be deemed completed at the end of the Term.
If Client files an application pursuant to the services rendered hereunder and Client’s application is: (1) approved by the United States Patent and Trademark Office ("USPTO"); (2) rejected by the USPTO and Client does not retain Pulse as counsel; or (3) objected to by a third party and Client does not retain Pulse as counsel; then Pulse may remove itself as the attorney of record on Client’s trademark application/registration unless they are retained by Client for additional services. This date hereinafter is referred to as the "First Non-Covered Action Date".

Excluded Legal Services

The Limited Services have express exclusions, which include, without limitation, the following:

Work for a client where the attorney believes there is a conflict (whether such conflict relates to the client or the mark itself);
Responses to Office Action(s)*;
Work related to an appeal, notice of suspension, or objection subsequent to the filing of Client’s trademark application;
Representation for 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 (i.e., an Allegation of Use) where required material (including, without limitation, an appropriate specimen or dates of use) is not received by Pulse;
The filing of any trademark application or other filing (i.e., an Allegation of Use) where a credit card or other payment is declined, the funds are not actually received by Pulse, or Client initiates a chargeback for such funds;
Monitoring of marks;
Any work required or permitted after the First Non-Covered Action Date; and
Any other service not included as a Limited Service under this Agreement.

*Office Actions may be issued for a variety of reasons. Pulse may choose to respond to Office Actions as part of the Limited Services. It shall be within Pulse’s sole discretion to determine if an Office Action falls within the scope of the Limited Services.

Client Submitted Information and Materials

Specific types of filings may have an applicable filing deadline set by the USPTO (i.e., Allegations of Use). If there is an applicable filing deadline, Pulse may set a due date for all applicable materials and fees before the USPTO filing deadline to allow ample time for Pulse to prepare and submit the filing. Pulse’s due date will be conveyed to Client in writing. If Client fails to provide required materials and funds by Pulse’s due date, regardless of whether or not such the filing deadline has passed, Client explicitly releases Pulse from all liability related to that 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 Pulse harmless from all claims related to same.
In connection with analysis of the trademark, and if applicable, preparation of the trademark application and subsequent filings, Client is required to submit information and/or materials to Pulse. Client is prohibited from submitting physical documents or materials (whether an original or copy) to Pulse. In the event that Client does submit any physical item to Pulse in connection with the Limited Services, Client recognizes that Pulse specifically disclaims liability for such submissions, may retain digital copies of such submissions, and will not return those materials to Client.
Further, Client represents and warrants that all information and materials submitted in connection with its trademark application (including, without limitation, a specimen or information related to an Allegation of Use) are accurate, complete, and not misleading. Client represents and warrants that any specimen submitted is an accurate snapshot of the mark used in commerce and is not a digital rendering.

Client Responsibilities

Client acknowledges its responsibility for the following:

Client agrees to cooperate and respond promptly to all inquiries and requests for information from Pulse;
Client agrees to keep Pulse updated with current contact information (including without limitation, telephone numbers, physical address, and email address);
Client agrees to regularly check the email address provided to Pulse for correspondence related to this Agreement, and further accepts responsibility for receipt of communications sent via email.

Pulse disclaims any and all responsibility related to emails or correspondence not received by Client, whether due to Client’s security or anti-spam software, or any other problems within Client’s email system.

Electronic Communication

Client agrees to receive communication by email. Pulse is not obligated to send correspondence by U.S. or international postal mail.
Client understands that the USPTO encourages the use of and prefers that trademark applicants utilize the Trademark Electronic Application System (“TEAS”) for filing trademark applications. If Client proceeds with a trademark application filed by Pulse, Client authorizes Pulse to: (1) file the trademark through the online TEAS system; and (2) submit documents and communications electronically on Client’s behalf. Client agrees that Pulse may authorize the USPTO, on Client’s behalf, to contact Client at the email address on file with Pulse. If Client does not want to utilize TEAS for its trademark application, Client must notify Pulse as quickly as possible – in this event, Client is likely to be assessed additional filing fees by the USPTO.
Pulse disclaims all damages, or whatever nature, caused by Client’s failure to update and/or check its email address on file. In the event that Pulse withdraws as counsel of record (for any reason) after Pulse has filed Client’s trademark application with the USPTO, Pulse will provide Client’s then-current email address to the USPTO. Client explicitly authorizes this disclosure of contact information.

Sharing of Information

Client agrees that Pulse may share Client’s order information with LegalZoom.com, Inc., parent company of Pulse.
Generally, information received by Pulse from Client is subject to attorney-client (sometimes referred to as legal professional) privilege. However, Pulse may be under an independent ethical duty to reveal privileged information (i.e., if it involves the commission of illegal or fraudulent acts committed in the course of this engagement, if it involves the intent to commit a crime, or if Pulse is required to disclose the information by law or court order). Pulse will not share attorney-client privileged information with any third party unless explicitly permitted by the terms of this Agreement or otherwise required under applicable law.
Information and documents obtained from Client by Pulse are subject to Pulse’s Data Retention Policy and applicable legal requirements. If you would like a copy of Pulse’s policy, please email your request to notice@pulse.law, specifying “Data Retention Policy Request” in the subject line. Please note that in the event that Pulse’s Data Retention Policy and applicable legal requirements differ, the stricter obligation will apply. Pulse may update its Data Retention Policy to comply with prevailing law and practice, and Client data will be handled in accordance with the then current Data Retention Policy.
Pulse may store some or all of Client’s files on a variety of platforms, including third-party cloud-based servers. Pulse conforms with its professional obligations in relation to cybersecurity and data protection and although Pulse takes every precaution to ensure security of these platforms, there is still a risk that Client’s confidential or privileged information may be disclosed. By entering into this Agreement, Client consents to Pulse’s use of such storage services.
Data Protection: Our use of any personal data provided by you (“Personal Data”) is regulated under the General Data Protection Regulation (EU 2016/679) and any legislation it amends or replaces under English law (“GDPR Legislation”). You consent for our use of your Personal Data in connection with the services we provide. We will perform those services in accordance with the GDPR Legislation and Pulse’s Data Protection Policy, a copy of which can be provided on request to Notice@pulse.law.

No Attorney-Client Privilege with LegalZoom

Client understands that information submitted through the LegalZoom.com website (including, without limitation, using the questionnaire on the LegalZoom.com website) or to employees of LegalZoom.com, Inc. not working for Pulse will not be protected by attorney-client privilege, and Client is hereby discouraged from submitting any non-public information through those avenues.

Pulse Global Services Limited

Pulse Global Services Limited is authorised and regulated by the Solicitors Regulation Authority (SRA No. 617803) in the conduct of legal services. The professional standards and regulations applicable to Pulse may be found here: https://www.sra.org.uk/solicitors/standards-regulations/. Pulse Global Services Limited is a subsidiary of LegalZoom.com, Inc.

Applicable Terms

This Agreement may be supplemented and/or amended by agreement in writing but Pulse 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.

Exclusion of Losses

We shall not be liable for any indirect loss or damage or any loss of profit, income, production or accruals arising in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including our negligence or non-performance). Nothing in this Agreement exempts us from liability arising from our fraud; or from our negligence resulting in death or personal injury; or in any circumstance where applicable law or regulatory requirements prohibit the exclusion of such liability.

Cap on Liability

Unless prohibited by law, our aggregate liability in any circumstances whatsoever, whether in contract, tort, under statute or otherwise, and howsoever caused (including our negligence or non-performance), for losses arising from or in connection with the Limited Services provided shall in relation to each matter be limited the sum of £3 million (three million pounds sterling) or, such lower sum as permitted under the SRA regulation from time to time.
We carry professional indemnity insurance. The insurance covers our practice carried on from any office based within England and Wales and will extend to acts or omissions wherever in the world they occur.

Resolution of Disputes

Pulse is committed to customer satisfaction. If you have a complaint about the corporate legal services under this Agreement, please contact us by emailing notice@pulse.law. If we cannot resolve the issue promptly, we will provide a copy of our complaints procedure.
This resolution detailed in this policy is independent of any regulatory scheme that governs attorney conduct in the United States, and thus that may be applicable to an individual attorney’s conduct. The conduct of individual attorneys in the US is governed by the state bar of the jurisdiction where the attorney is licensed. State bar regulatory authorities do not engage in the settlement of fee disputes.

Term & Fees
1. Term. As set forth above, the Term of this Agreement is for a period of 120 days from the Effective Date, unless terminated earlier in accordance with its terms (the “Term”). All Limited Services are deemed completed on the termination of this Agreement either on expiry of the Term or for any other reason.
Termination. This Agreement may be terminated:
1. by Client for any reason by giving written notice of such termination. Such termination shall be deemed effective when received. Pulse shall perform 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 Pulse. Upon termination, all Limited Services will be deemed completed.
by Pulse at any time for good reason by giving you reasonable notice in written communication and provided that we also explain to you the basis of our decision.
by either party for material breach of any provision of this Agreement by the other party, if the material breach is not cured within 10 days of written notice specifying the nature of the breach; or
by Pulse, if required under the ethical rules of conduct in the state of license of Client’s attorney or if required due to a conflict of interest. Pulse shall inform Client in writing if it becomes aware that it has represented a client with an interest in Client’s matter. If, at any point, a conflict of interest is found between Client and another client represented by Pulse, Pulse shall cease to act for you unless permitted by SRA regulation and appropriate informed consent has received from both parties. If a conflict of interest is found which requires Pulse to decline representation, or if both parties do not consent, Pulse will not find alternative counsel.
Withdrawal. In the event that Pulse terminates this Agreement for any reason before the end of the Term and Pulse has filed a trademark application on Client’s behalf that has not yet registered, Client will withdraw as the attorney of record with the USPTO.
Fees.
1. Due Immediately. The purchase price for the Limited Services (“Service Fees”) is due in full immediately upon entering into this Agreement. For clarity, this Agreement shall not commence until the Service Fees have been paid in full. It is expressly understood that this fee is not a retainer, but a flat fee based upon the scope set forth herein.
Refunds. The amount paid for the Limited Services is nonrefundable.
Suspension of Account. In the event that Client has an overdue account or payment dispute with Pulse, Pulse may suspend Client’s account and access to the Limited Services hereunder until the account is brought current or such dispute is resolved.
Filing Fees. In addition to the Service Fees, Client is responsible for all applicable filing fees related to its trademark application (if Client chooses to file an application with the USPTO), including, without limitation, the initial application fees and any fees related an Allegation of Use and/or Requests for Extension to File an Allegation of Use. Filing fees are set by the USPTO and are nonrefundable for any reason once the filing is submitted to the USPTO, regardless of whether Client’s trademark application eventually proceeds to registration or is rejected by the USPTO. Filing fees are assessed per class. Client may request a summary of then-current filing fees from its attorney at any time.
No Guarantee

Neither Pulse nor your attorney can guarantee a particular result. There is no guarantee that any trademark application filed will result in the registration of the proposed mark, or that conducting a search will increase the likelihood that the proposed mark will be registered. Although your attorney may offer an opinion about possible results regarding your trademark application, neither Pulse nor your attorney can guarantee any particular result. You acknowledge that no statement(s) by Pulse or your attorney should be construed as a promise or guarantee. Further, any opinion offered by your attorney in the future will not constitute a guarantee. There is absolutely no guarantee that any trademark application filed by Pulse will result in the registration of the proposed mark, or that any search performed will increase the likelihood that the proposed mark will be registered, or that the results will be complete. Trademark examiners at the USPTO each have subjective opinions and these may vary from examiner to examiner.

Notice

Any notices required or otherwise sent under the Agreement must be in writing 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 shall be sent to the parties at the following addresses:
If to Client: to Client’s email on file with Pulse.
If to Pulse: notice@pulse.law

Right to Refuse

Pulse reserves the right to refuse service to any individual or entity.

Anti-money Laundering

You agree to provide us promptly with all the information and evidence we require from time to time in order for us to comply with the Law and our Regulatory Requirements pertaining to, amongst other things, anti-money laundering and/or anti-terrorism measures. You acknowledge that we are under an obligation to report certain circumstances to the relevant regulators and/or criminal authorities and we may be required to cease acting in certain circumstances without necessarily giving you details as to the reason for ceasing to act.

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.

Severability

Each of these terms shall be severable and distinct from the others and if any term is held to be illegal, invalid or unenforceable, in whole or in part, the remaining terms shall not be affected.

Equal Treatment

Consistent with law, our regulatory requirements and our internal policies and procedures, we will not discriminate in the way we provide or refuse to provide our services on the grounds of race or racial group (including colour, 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.

Governing Law

This Agreement is governed by the laws of the United Kingdom, to which venue and personal jurisdiction the Client hereby consents.

Other Services

In the event that Client has purchased additional products or services to be rendered by or through LegalZoom.com, Inc., the terms of this Agreement are only applicable to the Limited Services rendered hereunder and supersede and replace any other terms or policies (including the terms and policies of LegalZoom.com, Inc.).

Any services or products to be rendered by or through LegalZoom.com, Inc., shall be subject to the terms and conditions applicable to those specific purchases. Any use of the LegalZoom.com site is subject to LegalZoom.com, Inc.'s Terms of Use and Privacy Policy. Additionally, the LegalZoom.com Inc’s Terms of Use (including, without limitation, the dispute resolution provision) applies with respect to any action with Legalzoom.com Inc.

Pulse bears no responsibility for the provision of any products or services outside those provided under this Agreement.

Miscellaneous

This Agreement contains the entire agreement of the Parties with regards to the subject matter. No other agreement, statement, or promise made on or before the Effective Date of this Agreement will be binding on the Parties. Pulse is not responsible for the proper operation of its website(s). Client expressly assumes all risks for technical difficulties in placing its order(s) or submitting any information (including any privileged or confidential information) over the Internet.

Updated: May 5, 2022

Pulse registered office address 130 Old Street, London, EC1V 9BD and company number 8823370