Terms & Conditions - Trademark Renewal

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

• These Terms apply specifically to all trademark renewal and post-registration services availed through the Bizeneed Platform
• Bizeneed connects applicants with qualified trademark attorneys and professionals for renewal services
• By placing a request for trademark renewal 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 Renewal services encompass a comprehensive range of activities to maintain the validity and enforceability of your registered trademark. This includes renewal filing - preparation and filing of trademark renewal applications with the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) before the expiry date, late renewal - filing renewal applications within the grace period of six months after expiry with applicable surcharge, assignment and recordal - support for recording assignments of trademark ownership, and licensing documentation and recordal. 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.

• Renewal Filing: Preparation and filing of trademark renewal applications (TM-R) with CGPDTM before expiry
• Late Renewal: Filing renewal applications within the 6-month grace period after expiry with applicable surcharge
• Assignment Support: Documentation and recordal of trademark ownership assignment
• Licensing Support: Documentation and recordal of trademark licensing agreements
• Restoration of Lapsed Registration: Support for restoration of lapsed trademark registrations
• Address Change & Corrections: Support for recording changes in registered proprietor details
• Certificate Issuance: Follow-up for issuance of renewed registration certificates
• Expiry Monitoring: Alerts and reminders for upcoming trademark expiry dates

As a registered trademark owner availing Trademark Renewal services through the Bizeneed Platform, you have certain obligations that are essential for the timely and successful renewal of your trademark. You are required to provide the original or certified copy of the registration certificate for the trademark being renewed. You must provide proof of use of the trademark if required by the registry or if the trademark has been registered for a period of 9 years and 9 months or more. You agree to provide accurate and up-to-date information regarding the trademark owner, address, and any changes to the same. You must ensure that all information provided is accurate and complete. Any delays in providing documents or executing required forms may result in late fees, surcharges, or lapse of the trademark registration.

• Provide the original or certified copy of the trademark registration certificate for renewal
• Provide proof of use of the trademark if required by the CGPDTM
• Provide accurate and up-to-date information regarding the trademark owner, address, and contact details
• Inform Bizeneed of any changes in ownership, address, or business details since the last registration
• Execute all required renewal forms, affidavits, and other documents within the stipulated timelines
• Provide a properly executed power of attorney if acting through an attorney
• Pay all applicable government fees, surcharges, and out-of-pocket expenses as communicated
• Ensure timely renewal to avoid lapse of trademark registration and loss of protection

Service fees for Trademark Renewal 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 renewal applications are billed separately from our professional fees. Late renewal surcharges, as applicable under the Trade Marks Act, 1999, are payable to CGPDTM and are billed separately. Any additional out-of-pocket expenses including courier charges and attestation fees 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.

• 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 renewal are billed separately from professional fees
• Late renewal surcharges as applicable under the Trade Marks Act, 1999 are billed separately
• 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 renewal process in India typically takes 1 to 3 months from the date of filing to the issuance of the renewed registration certificate, subject to registry workload and processing timelines. Renewal applications should ideally be filed 6 to 12 months before the expiry date to allow sufficient processing time. If the renewal is filed within the grace period of 6 months after expiry, a surcharge is applicable. Restoration applications for lapsed trademarks may take additional time for processing. 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. Failure to renew a trademark within the allowed period may result in the removal of the trademark from the register.

• Renewal processing timeline: 1 to 3 months from filing to issuance of renewed certificate
• Ideal filing window: 6 to 12 months before the trademark expiry date
• Grace period: 6 months after expiry date with applicable surcharge
• Restoration of lapsed trademark: additional time as required for processing
• 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
• Failure to renew within the allowed period may result in removal from the trademark register

Both parties agree to maintain the confidentiality of all proprietary and sensitive information disclosed during the course of the trademark renewal 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, registration certificate, business information, and documents, 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 registration certificates 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 renewal engagement or claim arising from these Terms shall not exceed the service fees paid by you for the specific renewal 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 any lapses, delays, or failures in renewal caused by late submission of documents by you, delayed payments, or actions of the CGPDTM. It is the responsibility of the trademark owner to ensure timely renewal. We shall not be liable if a trademark lapses due to any reason whatsoever.

• Aggregate liability limited to fees paid for the specific trademark renewal 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 lapses, delays, or failures in renewal caused by delayed document submission or payment
• Not liable if a trademark lapses due to any reason whatsoever
• Not liable for delays or errors caused by CGPDTM or any government authority
• Nothing in these Terms excludes liability for death or personal injury caused by our negligence or for fraud

Either party may terminate the trademark renewal 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 renewal 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 Renewal 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 renewal 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