Legal Trademark Chart

Legal Trademark Chart

This Legal Trademark Chart is prepared as of Effective Date: by and between Client Name: and Trademark Counsel: (each a "Party" and collectively the "Parties").

RECITALS

WHEREAS, Client owns or claims rights in certain trademarks and service marks used in commerce and desires a written compilation identifying each mark and its relevant filing, registration and maintenance information (the "Chart");

WHEREAS, Trademark Counsel has provided or will provide counseling and recordation services relating to the marks and has prepared the Chart based upon Client materials, public records and counsel's files; and

WHEREAS, the Parties desire to set forth the terms under which the Chart is prepared, relied upon and maintained.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Chart, "Chart" means the compilation of trademark entries set forth in Section 2 below; "Client Materials" means records, declarations and instructions provided by Client to Trademark Counsel; "Relevant Records" means filings, registrations and official actions in the jurisdictions identified for each mark.

2. TRADEMARK CHART

The Chart consists of discrete trademark entries. Each entry identifies the mark, owner, goods/services, jurisdictional filings and registrations, dates of first use and filing, current status, maintenance deadlines, priority claims and other pertinent information. The Parties acknowledge that the Chart is a summary and is not an exhaustive reproduction of underlying files.

TRADEMARK ENTRY 1

Claiming priority based on earlier application. If checked, Priority Date:

TRADEMARK ENTRY 2

Claiming priority based on earlier application. If checked, Priority Date:

3. ACCURACY; RELIANCE

Client represents and warrants that information provided in Client Materials is true, complete and accurate to the best of Client's knowledge. Trademark Counsel prepares the Chart based on Client Materials and Relevant Records and does not independently guarantee the completeness of third-party records. Client acknowledges that any reliance on the Chart for filing, prosecution, enforcement or licensing requires verification against original filings and official databases.

4. OWNERSHIP; ASSIGNMENTS

Except where otherwise indicated, the Chart reflects Client's claimed ownership. Any assignments, transfers or encumbrances affecting ownership must be documented in writing and delivered to Trademark Counsel for inclusion in the Chart. Trademark Counsel will not be responsible for third-party claims of ownership not disclosed to Counsel.

5. MAINTENANCE, ENFORCEMENT AND NOTIFICATIONS

Client shall promptly notify Trademark Counsel in writing of any: (a) cessation of use of any mark identified in the Chart; (b) potential abandonment or cancellation; (c) assignment or licensing affecting ownership; or (d) receipt of third-party challenges, oppositions, or office actions. Trademark Counsel shall advise regarding required maintenance filings and potential enforcement actions, but is not obligated to institute proceedings absent separate written engagement.

6. CONFIDENTIALITY

The Chart and Client Materials shall be treated as confidential and proprietary information of Client. Trademark Counsel may disclose Chart contents to agents or contractors to the extent reasonably necessary to provide trademark services, subject to obligations of confidentiality consistent with applicable professional responsibilities.

7. INDEMNITY; LIMITATION OF LIABILITY

Client shall indemnify and hold Trademark Counsel harmless from claims, losses and expenses arising from Client's breach of representations or from reliance on incomplete or incorrect Client Materials. Trademark Counsel's liability arising from the Chart shall be limited to direct damages and shall not exceed fees actually paid for preparation of the Chart; in no event shall Trademark Counsel be liable for consequential, incidental or punitive damages.

8. NOTICES

All notices required or permitted under this Chart shall be in writing and delivered to the addresses set forth below or to any substitute address designated in writing. Notice is effective upon receipt.

9. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment to the Chart is effective unless in writing and signed by both Parties. Failure to enforce any provision does not constitute a waiver. This Chart may be executed in counterparts, each of which constitutes an original.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Chart shall be governed by the laws specified by Client's principal place of business as set forth below. This Chart constitutes the entire agreement of the Parties with respect to the subject matter herein and supersedes prior oral or written statements regarding the Chart. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

CERTIFICATION

By signing below, Client certifies that Client Materials provided to Trademark Counsel reflect Client's best knowledge and belief as to ownership, use and the factual assertions summarized in the Chart. Trademark Counsel certifies that the Chart has been prepared in accordance with counsel's normal professional practices using the data and records available at the time of preparation.

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