Terms & Conditions - Trademark Registration

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 Registration 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 Registration services. By placing a request, uploading documents, or making a payment for trademark registration services, you agree to be bound by these Terms in their entirety.

• These Terms apply specifically to all trademark registration services availed through the Bizeneed Platform
• Bizeneed acts as a technology-enabled intermediary connecting applicants with qualified trademark attorneys and professionals
• By placing a request for trademark registration 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 Registration services encompass a comprehensive range of activities designed to secure trademark protection for your brand. This includes trademark search and clearance to identify potential conflicts before filing, preparation and filing of trademark applications with the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), examination support including response to examination reports raised by the trademark registry, registration support upon acceptance of the application, and post-registration services including renewal and assignment assistance. The scope of services for each engagement is as specified in the respective service confirmation or order. Any additional services beyond the agreed scope will be separately quoted and require your explicit acceptance.

• Trademark Search & Clearance: Comprehensive search to identify potential conflicts before filing
• Application Filing: Preparation and filing of trademark application (TM-A) with CGPDTM
• Examination Support: Drafting and filing responses to examination reports raised by the registry
• Registration Support: Follow-up with the registry for registration certificate upon acceptance
• Objection & Opposition Support: Handling of objections, oppositions, and show-cause notices
• Renewal Services: Filing of renewal applications before expiry of the registered trademark
• Assignment & Licensing: Support for trademark assignment and licensing documentation
• Rectification & Cancellation: Support for rectification and cancellation proceedings before the registry

As an applicant availing Trademark Registration services through the Bizeneed Platform, you have certain obligations that are essential for the smooth and timely processing of your application. You are required to provide a clear and distinctive trademark that is capable of distinguishing your goods or services from those of others. You must correctly identify the class or classes under which your trademark should be registered based on the Nice Classification. You agree to provide all supporting documents including proof of user or proposed user, identity and address proof, and any other documents required by the trademark registry. You must ensure that all information provided is accurate, complete, and not misleading. Any delays in providing information or documents may result in delays or adverse outcomes.

• Provide a clear, distinctive, and registrable trademark capable of distinguishing your goods or services
• Correctly identify the appropriate class or classes under the Nice Classification for your trademark
• Provide proof of use (in case of an already used mark) or indicate the proposed date of first use
• Submit accurate identity and address proof for the applicant or authorised signatory
• Provide a clear description of the goods or services for which the trademark is sought
• Inform Bizeneed immediately if any similar or identical trademark is found during the search
• Execute and return all required authorisation letters and other documents within the stipulated timelines
• Pay all applicable government fees, stamp duties, and out-of-pocket expenses as communicated

Service fees for Trademark Registration 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 (as applicable per the Trade Marks Act, 1999) are payable to the CGPDTM and are billed separately from our professional fees. Out-of-pocket expenses including courier charges, attestation fees, and any third-party charges 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 suspend services for accounts with overdue payments exceeding 30 days.

• 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 are billed separately from our professional fees
• Out-of-pocket expenses including courier charges and attestation fees 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 trademark registration process in India typically takes 12 to 18 months from the date of filing to the issuance of the registration certificate, subject to registry workload, examination timelines, and any objections or oppositions. After filing, the application undergoes examination by the trademark examiner, which generally takes 4 to 8 months. If an examination report is issued, we assist in drafting and filing a response, which the registry reviews within 2 to 4 months. If the trademark is accepted, it is published in the Trade Marks Journal, and a registration certificate is issued after 4 months if no opposition is filed. In cases where an opposition is filed, the process may take additional time. These timelines are indicative and subject to change based on the workload and procedures of the trademark registry. 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.

• Total registration timeline: 12 to 18 months from filing to registration certificate
• Examination by the registry: typically 4 to 8 months from date of filing
• Response to examination report: 2 to 4 months for registry review
• Journal publication and opposition period: 4 months from acceptance
• Timelines are indicative and subject to change based on CGPDTM workload and procedures
• Objection or opposition proceedings may extend timelines beyond the standard period
• 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 registration engagement. You agree to keep all information, strategies, and 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, 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 advice provided by Bizeneed and its professionals confidential
• Bizeneed shall treat all information provided by you, including trademark details and documents, 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 registration engagement or claim arising from these Terms shall not exceed the service fees paid by you for the specific trademark registration 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 delays, errors, rejections, refusals, or adverse outcomes caused by the CGPDTM, trademark registry, or any government authority. The acceptance or rejection of a trademark application is at the sole discretion of the trademark registrar.

• Aggregate liability limited to fees paid for the specific trademark registration 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 delays, errors, rejections, or adverse outcomes caused by CGPDTM or any government authority
• Trademark acceptance or rejection is at the sole discretion of the registrar and beyond our control
• 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 registration 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 registration 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 Registration 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 trademark 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