Terms & Conditions - Trademark Objection

Welcome to Bizeneed India Private Limited. These Terms and Conditions constitute a legally binding agreement between you ('User', 'you', or 'your') and Bizeneed India Private Limited ('Company', 'we', 'us', or 'our') specifically governing the Trademark Objection and Opposition services offered through the Bizeneed platform. These Terms are framed in accordance with the Trade Marks Act, 1999, the Information Technology Act, 2000, the Indian Contract Act, 1872, and all other applicable Indian laws and regulations. Please read these Terms carefully before availing our Trademark Objection services. By placing a request, uploading documents, or making a payment for trademark objection services, you agree to be bound by these Terms in their entirety.

• These Terms apply specifically to all trademark objection and opposition services availed through the Bizeneed Platform
• Bizeneed connects applicants with qualified trademark attorneys and professionals for objection handling
• By placing a request for trademark objection services, you confirm you have read, understood, and agree to these Terms
• If you act on behalf of a company or legal entity, you represent that you have the authority to bind that entity to these Terms
• These Terms supplement but do not override the main Terms of Service available at /terms

Our Trademark Objection services encompass the full range of activities required to respond to objections raised against your trademark application or to oppose a competing trademark application before the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). This includes examination objection handling - drafting and filing responses to examination reports raised by the trademark examiner, opposition reply - filing a counter-statement and supporting evidence against a third-party opposition to your trademark, hearing representation - providing representation before the trademark registrar or the Intellectual Property Appellate Board (IPAB) in case a hearing is scheduled, and consultation and strategic advice on the merits of the objection or opposition and recommended course of action. The scope of services for each engagement is as specified in the respective service confirmation or order.

• Examination Objection Handling: Drafting and filing responses to examination reports from the trademark examiner
• Opposition Reply: Filing counter-statements and supporting evidence against third-party opposition
• Hearing Representation: Legal representation before the trademark registrar or IPAB
• Evidence Preparation: Preparation and compilation of evidence in support of the trademark application or opposition
• Consultation & Strategy: Strategic advice on the objection or opposition and recommended course of action
• Post-Hearing Follow-up: Follow-up with the registry after hearings for orders and next steps
• Appeal Support: Support for appeals against adverse orders before higher authorities
• Settlement Assistance: Assistance in settlement and coexistence agreement negotiations

As a party availing Trademark Objection services through the Bizeneed Platform, you have specific obligations that are critical for the successful handling of objections or oppositions. You are required to provide all details of the objection or opposition notice received from the trademark registry or from a third party. You must provide evidence of prior use of the trademark, including date of first use, invoices, advertisements, and other documentary evidence supporting your claim. You agree to provide accurate and complete information regarding the trademark, its usage, and any relevant facts surrounding the objection or opposition. You must inform Bizeneed of any changes in the trademark status or any communication received from the registry. Any delays in providing information or executing required documents may adversely affect the outcome of the objection or opposition proceedings.

• Provide complete details of the objection or opposition notice received from the registry or a third party
• Provide evidence of prior use including date of first use, invoices, advertisements, and other supporting documents
• Provide accurate and complete information regarding the trademark and its usage history
• Inform Bizeneed immediately of any communication received from the trademark registry
• Execute all required affidavits, counter-statements, and other legal documents within the stipulated timelines
• Provide details of any prior registrations or pending applications for similar marks
• Make timely payments as agreed to avoid lapses in filing deadlines
• Cooperate fully with the attorney assigned to your case for hearings and depositions

Service fees for Trademark Objection services are as communicated at the time of engaging the service and become binding upon your acceptance. Fees are quoted inclusive or exclusive of GST as explicitly specified at the time of quoting. Government fees payable to CGPDTM for filing counter-statements, evidence, and other applications are billed separately. Hearing fees, travel expenses, and any other out-of-pocket expenses incurred during the course of the service are also billed separately. Late payments may attract interest at 18% per annum or the maximum rate permitted under applicable law, calculated from the due date until the date of actual payment. All payments must be made through the official payment channels integrated with the Bizeneed Platform. We reserve the right to withdraw from proceedings if fees remain outstanding beyond the agreed timelines.

• Service fees are as communicated at the time of engagement and are binding upon acceptance
• Fees are inclusive or exclusive of GST as explicitly stated in the invoice or quotation
• Government fees payable to CGPDTM for filing are billed separately from professional fees
• Hearing fees, travel expenses, and other out-of-pocket expenses are billed separately
• Late payments attract interest at 18% per annum calculated from the due date to the date of actual payment
• All payments must be made through official payment channels integrated with the Platform
• Services may be suspended for accounts with overdue payments exceeding 30 days
• Refund eligibility is governed by our Refund Policy available at /refund-policy

The timeline for responding to a trademark objection or opposition varies depending on the type of proceeding. For examination objections, the response must typically be filed within 30 days from the date of issuance of the examination report (extendable up to 60 days upon request to the registrar). For oppositions, the counter-statement must be filed within 30 days from the date of receipt of the notice of opposition (extendable). The overall opposition resolution process, from receipt of opposition notice to final order, typically takes 2 to 6 months. Hearings, if scheduled, are conducted at the discretion of the registrar. These timelines are indicative and subject to change based on the workload and procedures of the trademark registry and other authorities. We shall use our best efforts to meet the timelines but shall not be liable for delays caused by the registry or any third party.

• Examination objection response: 30 days from report date (extendable up to 60 days)
• Opposition counter-statement: 30 days from notice of opposition date (extendable)
• Overall opposition resolution: typically 2 to 6 months from receipt of opposition notice
• Hearings are scheduled at the discretion of the trademark registrar
• Evidence filing timelines as specified by the registrar or IPAB
• Timelines are indicative and subject to change based on CGPDTM workload and procedures
• We shall not be liable for delays caused by the registry, government authorities, or any third party

Both parties agree to maintain the confidentiality of all proprietary and sensitive information disclosed during the course of the trademark objection engagement. You agree to keep all information, strategies, and legal advice provided by Bizeneed and its professionals confidential. Bizeneed agrees to treat all information provided by you, including but not limited to your trademark details, business information, documents, evidence, and communication, as strictly confidential. We will not disclose your information to any third party except as required for the provision of services, compliance with applicable law, or with your prior written consent. This confidentiality obligation shall survive the termination of the service engagement for a period of three years.

• Both parties agree to maintain strict confidentiality of all proprietary information disclosed during the engagement
• You agree to keep all information, strategies, and legal advice provided by Bizeneed and its professionals confidential
• Bizeneed shall treat all information provided by you, including trademark details and evidence, as strictly confidential
• Information may be disclosed only as required for service delivery, compliance with law, or with prior written consent
• Confidentiality obligations survive termination of the service engagement for a period of three years
• Bizeneed does not share client information with any third party for marketing purposes without consent
• All data is handled in accordance with applicable data protection laws and our Privacy Policy

To the maximum extent permitted under applicable Indian law, including the Trade Marks Act, 1999, the Information Technology Act, 2000, and the Consumer Protection Act, 2019, Bizeneed India Private Limited's aggregate liability under any trademark objection engagement or claim arising from these Terms shall not exceed the service fees paid by you for the specific objection or opposition service in the preceding 12 months. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunities, or any other financial loss arising from the use of our services. We are not liable for the outcome of objection or opposition proceedings, which is determined by the trademark registrar, the IPAB, or other competent authorities. The outcome of any proceeding is subject to the merits of the case and the discretion of the adjudicating authority.

• Aggregate liability limited to fees paid for the specific objection or opposition service in the preceding 12 months
• No liability for indirect, incidental, special, consequential, or punitive damages of any kind
• No liability for loss of profits, business opportunities, or anticipated savings
• Not liable for the outcome of objection or opposition proceedings, determined by the registrar or IPAB
• Not liable for delays, errors, or procedural lapses caused by CGPDTM or any government authority
• Not liable for losses arising from inaccurate, incomplete, or delayed information provided by you
• Nothing in these Terms excludes liability for death or personal injury caused by our negligence or for fraud

Either party may terminate the trademark objection service engagement by providing not less than 30 days' prior written notice to the other party. Bizeneed may immediately suspend or terminate the service engagement without prior notice if you breach these Terms, fail to make payments when due, provide false or misleading information, or engage in any activities that harm our business interests. Upon termination, all outstanding fees and charges for work already performed become immediately due and payable. Work already completed or in progress will be summarised, and you will be charged only for work performed up to the date of termination. Provisions of these Terms that by their nature should survive termination shall remain in full force and effect, including confidentiality, liability, and dispute resolution clauses.

• Either party may terminate with not less than 30 days' prior written notice
• We may immediately suspend or terminate for breach of Terms, non-payment beyond 30 days, or fraudulent activity
• All outstanding fees for work already performed become immediately due and payable upon termination
• Work in progress will be summarised and charges applied only for work performed up to the date of termination
• Access to the Platform and services will be suspended upon termination
• Confidentiality, liability, and dispute resolution provisions survive termination
• You may request your documents within 30 days of termination; thereafter, they may be securely destroyed

Any dispute arising from or in connection with these Terms or the trademark objection services shall first be attempted to be resolved through good-faith negotiations between the parties for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 before a sole arbitrator appointed by mutual consent. The seat of arbitration shall be New Delhi, Delhi, India, and the language of arbitration shall be English. The arbitration award shall be final and binding on all parties. These Terms shall be governed by and construed in accordance with the laws of India. The courts in New Delhi, Delhi, India shall have exclusive jurisdiction over any dispute not subject to arbitration.

• Disputes shall first be attempted to be resolved through good-faith negotiations for 30 days
• Unresolved disputes are referred to arbitration under the Arbitration and Conciliation Act, 1996
• A sole arbitrator shall be appointed by mutual consent of both parties
• Seat of arbitration: New Delhi, Delhi, India; Language of arbitration: English
• The arbitration award shall be final and binding on all parties
• These Terms are governed by the laws of India without regard to conflict of law provisions
• Courts in New Delhi, Delhi, India have exclusive jurisdiction over disputes not subject to arbitration

If you have any questions, concerns, or feedback regarding these Terms and Conditions for Trademark Objection services, please do not hesitate to contact us. Our legal and support teams are available to address any queries or clarifications you may need. For general inquiries about our objection services, service-related questions, or technical support, please reach out through our contact channels. For legal and compliance-related matters, please use the dedicated email address below. We strive to respond to all inquiries within a reasonable timeframe and in accordance with applicable consumer protection laws.

• Email: legal@bizeneed.in - for legal, compliance, and terms-related inquiries
• Email: support@bizeneed.in - for general support, service queries, and technical issues
• Registered Office: Bizeneed India Private Limited, New Delhi, Delhi, India
• Grievance Officer: grievance@bizeneed.in - for complaints and dispute resolution
• Response time: We aim to respond to all inquiries within 2-3 business days