Terms & Conditions

1. Scope of Representation

Garvey Adam LLP provides limited scope legal representation for specific intellectual property matters. Our services include, but are not limited to:

• Trademark applications filed with the United States Patent and Trademark Office (USPTO)
• Office Action responses and prosecution
• Statements of Use and other post-registration filings
• Revival petitions and maintenance filings
• Patent applications and prosecution
• Other IP-related matters as agreed in writing

Each engagement is limited to the specific matter identified in the engagement letter or invoice. Unless expressly agreed in writing, representation does not extend to related or subsequent matters.

2. Fee Structure and Payment Terms

Our fee arrangements are designed to provide clarity and predictability:

• Flat Fees: Most matters are handled on a flat-fee basis as specified in each invoice or engagement letter.
• Payment Due: All fees are due upon receipt of invoice and are considered earned when received by the firm.
• Non-Refundable: Fees paid for services are generally non-refundable, even if you choose to discontinue representation or become dissatisfied with our services.
• Not a Retainer: Unless specifically designated as a retainer in writing, payments constitute earned fees for services to be performed, not advance deposits.

Additional government filing fees, search fees, and third-party costs are billed separately and must be paid in advance before services are rendered.

3. Additional Work and New Matters

Any work beyond the scope of the original engagement requires a separate written agreement and advance payment. The firm will not incur additional costs, file supplemental documents, or perform work outside the agreed scope without your express written authorization and advance payment of applicable fees.

4. Client Responsibilities

To ensure efficient and effective representation, clients agree to:

• Maintain Current Contact Information: Provide and update email addresses, phone numbers, and mailing addresses promptly.
• Respond Promptly: Reply to requests for information, documentation, or approvals within reasonable timeframes.
• Timely Payment: Submit required fees and costs by specified deadlines to avoid delays or missed filing dates.
• Provide Accurate Information: Supply complete and truthful information necessary for your matter.

5. Communication Protocols

To maintain efficiency and control costs, primary communication with the firm occurs via email unless otherwise agreed. Phone consultations may be scheduled as needed. Clients are responsible for monitoring their email and responding to firm communications in a timely manner.

6. No Guarantees Regarding Outcomes

Legal services involve uncertainty, and the firm makes no guarantees or promises regarding case outcomes, including but not limited to:

• Approval or registration of trademark or patent applications
• Success in overcoming Office Actions or examiner rejections
• Results of trademark or patent searches
• Enforcement outcomes or dispute resolution

Trademark and patent searches are conducted using available databases, which may be incomplete or contain errors. Search results are advisory only and do not guarantee registration or freedom to operate.

7. Dispute Resolution and Arbitration

Any disputes, claims, or controversies arising out of or relating to our representation, these Terms and Conditions, or fee arrangements shall be resolved exclusively through binding arbitration as follows:

• Arbitration Forum: Individual binding arbitration conducted in Irvine, California
• Governing Rules: Administered under the Commercial Arbitration Rules of the American Arbitration Association (AAA)
• Applicable Law: Governed by California law and the Federal Arbitration Act
• Waiver of Jury Trial: By engaging our services and paying invoices, you waive the right to a jury trial

This arbitration provision applies to all claims, whether based in contract, tort, statute, or any other legal theory.

8. Severability

If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

9. Modifications

These Terms and Conditions may be updated from time to time. Continued engagement of our services following any changes constitutes acceptance of the revised terms. Material changes will be communicated to active clients via email.

10. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: