Trama Co-Counsel Engagement Agreement

When you submit an order for our Services, you are considered a prospective client until we complete our conflict-of-interest check and send you a formal confirmation of acceptance via email or through your client portal on the Website.

Once we accept your matter, the Firms will represent only the person named in the order. If that person is a company or organization, our representation covers only that entity, and not its individual owners, directors, officers, employees or affiliates in their personal capacities unless we explicitly agree otherwise in writing.

Your Services will be provided by the Firms as follows:

• Trama US will handle any U.S. legal services.

• Trama International and its partners will handle any international non-U.S. legal services.

Each Firm performs and is responsible only for its own work and professional obligations. Each Firm maintains its own attorney-client relationship with you to the extent of the work it performs.

To ensure that your trademark application is prepared, filed, and managed properly, you agree to the following:

• All information, materials, and statements you provide to us must be true, complete, and not misleading to the best of your knowledge. You understand we rely on the accuracy of the information you submit when preparing and filing your trademark application. You acknowledge that knowingly providing false or misleading information in a trademark filing is unlawful and may invalidate your application or registration and expose you to civil or criminal penalties.

• You agree to respond promptly to our requests for information or documents. Trademark proceedings are subject to strict statutory deadlines. We cannot act after a government deadline has expired or if your request or materials are received too late to allow adequate review and preparation. If you fail to provide the required information within the time reasonably necessary to meet filing deadlines, we may be unable to act and shall bear no liability for any resulting delay, deficiency, or loss of rights.

• You represent and warrant that you are the lawful owner of the trademark or service mark for which registration is sought, or you are duly authorized to act on behalf of that owner.

• If your application is filed on the basis of use in commerce, you represent that each specimen of use you provide accurately depicts the mark as used in commerce in connection with the identified goods or services. You agree not to submit any fabricated, altered, or computer-generated (including AI-generated) specimens. You authorize the Firms, where necessary and appropriate, to review your publicly available materials (such as your website) for suitable specimens that appear lawful and consistent with your representations, and use such specimens for filing purposes if they meet applicable requirements. If a specimen is deemed unacceptable and you fail to provide a substitute within the time requested, you understand that your trademark application may be rejected and the Firms have no responsibility to independently procure substitute specimens, convert your application to an intent to use basis, or take any other steps to maintain the application, without your instruction..

• If your application is filed on an intent-to-use basis, you acknowledge that: (i) the mark must be used lawfully in commerce before registration; (ii) you are responsible for submitting, when required, a Statement of Use or Amendment to Allege Use with appropriate specimens and additional government fees; and (iii) the trademark office retains discretion to refuse any proof of use submitted.

• You authorize the Firms to: (i) prepare, sign, and file trademark applications and related documents electronically on your behalf; (ii) where deemed relevant by the Firms, make formal or non-substantive modifications to ensure compliance with trademark-office requirements (for example, classification adjustments, disclaimers, translation statements, or minor clarifications); and (iii) communicate directly with the relevant trademark office concerning your application. If the application concerns a logo or design mark, you acknowledge that the Firms will file the mark in black-and-white, unless you provide contrary written instructions.

• You agree to maintain current and accurate contact information in your Trama client portal and to monitor your email address and the client portal for communications from us. All communications will be deemed received when sent to the most recent contact information you have provided. We are not responsible for correspondence that you fail to receive due to outdated contact details, filtering software, or failure to check your designated inbox or your Trama client portal.

• You agree to indemnify, defend, and hold harmless the Firms and our partners, attorneys, and affiliates, from and against any loss, liability, claim, cost, or expense (including reasonable attorney fees) arising out of or related to: (i) any inaccurate, incomplete, or misleading information or material you provide; or (ii) your failure to comply with the obligations set out in this Section.

All trademark registration Services are provided on a fixed-fee basis in accordance with our published pricing schedule available at https://www.tramatm.com/detailed-pricelist where such schedule indicates that the prices are final. Any additional Services, including trademark prosecution, will be provided based on mutually agreed fees.

The total fee for your Services will be shared between Trama US and Trama International in proportion to the work each Firm performs. You will see the total fee for your Services during checkout. Unless otherwise notified to you, the fee, net of all third-party fees, will be shared between the Firms in the following proportions: (a) fee for trademark registration Services will be split between the Firms equally; (b) fee for additional Services, including trademark prosecution, will be split between the Firms in an 80:20 proportion in favour of Trama US. You will pay all fees to Trama International, which will then allocate and remit to Trama US its corresponding share of the total fee. The fees charged to you will not be increased due to this arrangement. By submitting your order for Services, you acknowledge and consent to this fee division.

Payment is due as stated during checkout. You will receive an electronic confirmation of your order summarizing the Services purchased and applicable fees.

Our fees only cover professional legal services provided by the Firms and the associated filing fees. You are responsible for your own expenses, including courier or mailing charges, translation costs, local agent fees, and similar third-party expenses incurred in connection with your matter.

To ensure efficient provision of the Services, the Firms may engage affiliated entities and trusted third-party providers for technical and administrative support. By submitting an order, you consent to our sharing of necessary information with these affiliates and service providers, all of whom are bound by confidentiality and data-protection obligations consistent with our professional responsibilities and applicable law.

All non-public information you provide to us will be kept confidential in accordance with the applicable legal regulations and our Privacy Policy available at https://www.tramatm.com/privacy-policy, which forms part of this Agreement. Communications between you and our attorneys are also protected by the attorney-client privilege.

We will communicate primarily through email, the Trama client portal, or other electronic means. By accepting this Agreement, you consent to such communications, understanding that while we use secure systems, no electronic transmission is entirely risk-free. You may request encrypted communication for general or specific matters.

Certain details about your representation may appear in public records, such as filings with the USPTO, EUIPO, or other trademark offices. Where we receive your express consent, we may also mention our representation of you in general marketing materials.

We will do our best to serve you efficiently. However, the outcome of any legal matter is subject to inherent risks and factors beyond our control, including the decisions of governmental authorities. Accordingly, we make no guarantees or promises regarding the results or timing of your trademark application.

To the fullest extent permitted by law, each Firm’s total aggregate liability for any loss or damage arising from the Services it provided (other than losses caused by malpractice, fraud, or willful misconduct) will be limited up to (i) USD 1,000,000 for Trama US, and (ii) EUR 1,500,000 for Trama International. Neither Firm will be responsible for indirect, consequential, or special damages, or for losses caused by events outside its reasonable control (including force majeure, government delays, or system failures).

Because of Trama’s size and international reach, our attorneys may now or in the future represent other clients whose interests may be adverse to yours. You agree that both Firms may represent other clients in matters that are not substantially related to the Services we provide to you under this Agreement, even if their interests may conflict with yours. If such a situation occurs, we will take all appropriate steps to protect your confidential information.

If an actual conflict arises that prevents us from representing you properly, we will promptly let you know and, if necessary, withdraw from your matter in accordance with professional rules. We believe the chance of this happening is very small, and we remain committed to representing you competently and diligently. If you are aware of specific companies, individuals, or matters that you believe could create a conflict of interest, please let us know so that we can take that into account.

By submitting an order, you confirm that you have had an opportunity to consult with independent counsel regarding the terms of this waiver.

You may terminate this Agreement at any time by notifying us through the Trama client portal or by email. Our fees are non-refundable once Services commence, except where professional rules require otherwise. Either Firm may withdraw for good cause (such as non-payment or conflict of interest) after reasonable notice and in compliance with applicable ethical rules.

This Agreement and any dispute arising under it shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles.

For any questions about this Agreement or your Services, please contact [email protected].