You have not been established as a client of Trenner Law Firm and Mark Trenner does not represent you in any matter until an Agreement has been signed with Trenner Law Firm by owner/attorney Mark Trenner. Information provided on any website or other Internet platform, by email, during a meeting, or during a phone call is considered general information only and is not legal advice. Trenner Law Firm will not take any action on your behalf until you are established as a client. DO NOT SUBMIT CONFIDENTIAL INFORMATION to Trenner Law Firm until you are established as a client. Even if you do not retain Trenner Law Firm for assistance, you should seek legal counsel as soon as possible in order to avoid losing important legal rights.
Trenner Law works hard to help clients protect their intellectual property, by providing advice, counsel, and explaining various options that are available to the client so that the client can make well-informed decisions. Trenner Law also files and prosecutes applications for patents, trademarks, and copyrights with the appropriate government offices. Trenner Law is not providing, and the client is not relying on Trenner Law for, business, investment, insurance, valuation or accounting advice or decisions, or any investigation of character or credit of persons with whom the client may be dealing. Trenner Law is also not providing the client with any advice relating to tax implications that may result from the subject matter of this representation.
If you are accepted as a client of Trenner Law, the following policies, as may be updated from time to time, form an integral part of the Agreement with Trenner Law Firm ("Trenner Law"). The terms "You" and "Client" are used interchangeably below to refer to any client of Trenner Law.
Identity of Client Policy You understand that Trenner Law represents only the CLIENT identified in the Agreement. That is, if you are the CLIENT, then Trenner Law does not represent your business. If the CLIENT is your business then Trenner Law will correspond with and take direction from the primary contact identified below, but Trenner Law represents only the business as the CLIENT and not anyone associated with the business personally. In either case, Trenner Law does not represent family members, friends, associates, business partners, etc. Trenner Law does not represent anyone jointly unless Trenner Law has signed an Addendum to the Agreement specifying a joint representation arrangement.
Licenses and Practice of Law Policy You understand that Mark Trenner is only licensed as an attorney by the state of Colorado and to practice before the United States Patent Office. Even if you retain Trenner Law and Mark Trenner as an out-of-state resident or you move outside of the state of Colorado after retaining Trenner Law and Mark Trenner, you expressly agree that you are only hiring Trenner Law and Mark Trenner to perform work exclusively under the jurisdiction of the state of Colorado and under the federal laws of the United States, and to practice before the United States Patent Office on your behalf. Nothing Mark Trenner or Trenner Law does is to be considered an offering or provision of legal services in any other jurisdiction.
Conflicts of Interest Policy Because of the large number and diversity of clients Trenner Law represents and has represented over the years, we deal with subject matter in most technology areas. Therefore it is impossible for Trenner Law to agree to represent any single client exclusively in any particular field of endeavor, even if those clients may be competitors in the marketplace. While Trenner Law does not represent any client in which there is a direct conflict of interest, Trenner Law may represent clients in similar fields of endeavor. For example, Trenner Law may assist more than one client to file a patent application for a toy invention, as long as the claims of each invention are different. As another example, Trenner Law may assist more than one client to file a trademark application for competing businesses, as long as the marks are not confusingly similar to one another. You hereby expressly consent to such representation and waive any potential conflict of interest.
Billing and Invoice Policy For the Hourly Billing option, the time required to handle each matter varies based on a number of factors. Although Trenner Law may provide estimates of overall project cost, you will be responsible for the actual hourly charges incurred regardless of whether these are more or less than the estimated cost.
All billing for Fixed Fee Projects accrues in full on the date Trenner Law sends you a first draft in the case of patent applications/agreements/opinions, and on the date of filing in the case of trademark and copyright applications. Quotes for Fixed Fee Projects may be increased if you request additional work on a project after a Fixed Fee Project has been quoted (such as by providing additional disclosure or other information after a quote has been submitted).
Quotes only include attorney fees and do not include any other disbursements and expenses incurred on behalf of Client unless specified as being part of the Flat Fee or Hourly Rate Quote. Disbursements and expenses incurred on behalf of Client will be charged in addition to attorney fees specified in the Flat Fee or Hourly Rate Quote. Charges such as filing fees (e.g., for the U.S. Copyright, Patent and Trademark office, foreign government offices, etc.), express mail charges, courier charges, and other disbursements will be billed at the costs incurred. Typically, first class postage, in-house copy charges, in-house long distance charges, and in-house fax charges will not be billed unless Trenner Law deems these charges to be excessive for a particular project.
You may request Trenner Law discontinue work on any matter by delivering written instructions to Trenner Law to that effect. If you request Trenner Law to discontinue work on any matter after work has begun, any work completed before Trenner Law receives written instructions to discontinue such work will be billed to you on an hourly basis up to the time Trenner Law receives your written instructions to discontinue work, even if the work was designated as a Fixed Fee Project.
Trenner Law will generally invoice Client on a monthly basis for accrued attorney fees and costs incurred during the previous month. These invoices will show the amounts deducted from the retainer and any replenishment retainer that may be required. If a replenishment retainer, or additional payment is required, such payment will be due upon receipt of the invoice.
Trenner Law requires that invoices be paid in full and the retainer include sufficient funds to cover any attorney fees and costs associated with any copyright, patent or trademark filing before Trenner Law will effect such filing with the appropriate government office (e.g., the U.S. Copyright, Patent, or Trademark Office).
Retainer Policy A retainer policy is necessary in order to meet expenses and to maintain good relations and access to the prompt and efficient services of Trenner Law associates, draftsmen, and others. This also helps us maintain our low fee structure by not having to spend our time on collections. Your understanding is appreciated.
Trenner Law generally requires a retainer. This retainer is held in COLTAF trust account and applied against attorney fees and costs you incur. A replenishment retainer may be required at various stages of our engagement in order for Trenner Law to continue representing you. Trenner Law does not pay interest on sums held in trust. Trenner Law will refund any amounts not applied to outstanding invoices within three (3) months of terminating this engagement or within three (3) months of receiving a written request for refund from you if no other work is foreseeable.
Trenner Law requires that the retainer include sufficient funds to cover any searches, foreign applications, and other projects that require substantial time or disbursements to other professions or government entities prior to making such disbursements. Trenner Law may issue special invoices for specific work or expenses which Trenner Law determines are not covered by the current retainer.
Any waiver of the retainer can be reinstated at any time at the discretion of Trenner Law.
Computer Policy (Email, File Storage, and Security) When it is convenient for Trenner Law, written communications between you and Trenner Law will be via email. You should set your spam filter, firewall, and any other security devices so that you receive all communications from trennerlaw.com. You should also check in with Trenner Law if you believe you have missed a communication from Trenner Law that you were expecting.
You understand that Trenner Law cannot guarantee that communications and documents will always be virus free. In addition, you understand that the nature of the Internet is inherently unsecured and subject to attack by viruses and hackers, and therefore may result in a breach of confidentiality. If you do not want Trenner Law to communicate via email, you must so notify Trenner Law in writing.
Trenner Law may use cloud-based or other virtual computing technology to store and/or transmit your files and/or information about you. Trenner Law undertakes to maintain the integrity of all electronic files, including the use of backups, virus protection software, firewalls, and other computer security measures. However, you should also understand that there are no fail-proof measures, and that computers are subject to malfunction and attack by viruses and hackers.
You hereby expressly authorize Trenner Law to use the computing services described above, and others, as deemed appropriate by Trenner Law.
Reminders Policy Trenner Law dockets all due dates for matters Trenner Law is responsible for, and issues reminders of upcoming deadlines sufficiently in advance so that you can make informed decisions how to proceed. In order for this system to work, however, it is critical that you keep your contact information up to date with Trenner Law and immediately acknowledge receipt of any such reminder, along with your intention to (a) continue the matter, (b) give the matter further consideration, or (c) abandon the matter. Unfortunately, if a reminder is sent to an invalid email address, we attempt to call a number that has been disconnected, or we otherwise do not hear back from you in a timely manner, we are unable to determine whether you are still interested in pursuing the matter and whether we should continue to attempt to contact you.
In order to provide consistent reminder services for all of our clients, Trenner Law implements the following procedure for issuing reminders, which you hereby expressly consent to:
After sending you an opinion letter regarding prior art search results for your invention or availability of your trademark for registration, Trenner Law will not issue you any reminders whether to proceed with a patent or trademark application. It is up to you to contact Trenner Law and notify us in writing within fifteen (15) days with further instructions for pursuing patent or trademark protection. If we do not hear from you within fifteen (15 days, Trenner Law will close out your file and this will conclude your representation. Trenner law will not take any further action on your behalf and you may lose important rights.
After filing a provisional patent application for your invention, Trenner Law will attempt to issue you one (1) reminder in about six (6) to nine (9) months after the filing date, using the most recent contact information on file, and reminding you to file a regular patent application claiming priority to the provisional patent application by the expiration date. If you do not reply within thirty (30) days or the contact information you have provided to Trenner Law is no longer current, then Trenner Law will close out the file and this will conclude your representation. Trenner Law will not take any further action on your behalf and you may lose important rights to your invention, including irreversibly abandoning your application.
After filing a regular patent application or a trademark application, Trenner Law will issue you one (1) reminder after receiving any communication from the U.S. Patent & Trademark Office, using the most recent contact information on file. If you do not reply within thirty (30) days or the contact information you have provided to Trenner Law is no longer current, then Trenner Law will close out the file and this will conclude your representation. Trenner law will not take any further action on your behalf and you may lose important rights, including irreversibly abandoning your application.
If Trenner Law issues more than one (1) reminder, this does not constitute a waiver of this policy, and Trenner Law may chose not to issue any further reminders at any time after issuing the first reminder.
File Retention Policy Trenner Law sends you copies of all correspondence and filings. You should keep copies of all such correspondence and filings in a safe place for your records.
Trenner Law maintains your file in electronic format only. Any hard copies that you send Trenner Law will be converted to electronic format and the physical copy will be destroyed. You should not send Trenner Law anything which you want to have returned. Please do not send any originals – send copies and digital photos instead.
Trenner Law only maintains your file(s) during the pendency of any matter and for a period of one (1) year after a file is closed, or longer at Trenner Law’s discretion (the “Retention Period”). You may request a full copy of any of your file(s) during the Retention Period, subject to any fees/costs charged by Trenner Law to transfer the file(s), and subject to your accounts being in good standing.
Trenner Law reserves the right to destroy your file(s) without any further notice at any time after the Retention Period.
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