Refund & Cancellation Policy

This Refund & Cancellation Policy forms an integral part of our Terms of Service. By accessing the Platform, submitting a trademark service request, or making any payment, you expressly agree to be bound by this policy.

Payments made through the Platform are towards the specific trademark-related service selected by the User, including consultation, administrative processing, application preparation, filing assistance, coordination, and other professional services as expressly communicated.

1. Definition of Service Commencement

For the purposes of this policy, service commencement occurs when the User provides written or electronic confirmation to proceed after receiving the Platform's confirmation communication, or where the User submits the required information/documents and authorises the processing of the trademark request.

Service commencement may include automated and backend administrative actions such as request logging, data verification, trademark class review, application data preparation, internal allocation, document review, trademark search coordination, system notifications, and filing preparation. Such actions may occur outside standard business hours.

2. Cancellation & Refund Before Service Commencement

If the User chooses to cancel the request before providing confirmation to proceed and before any processing or professional work has commenced, the User may submit a refund request by emailing support@trademarkcounselindia.org along with the Order ID / Reference ID.

Where such refund is approved, applicable payment gateway charges, taxes, or non-recoverable transaction charges may be deducted to the extent permitted by law.

3. Refund Policy – No Refund After Service Commencement

Refunds after commencement shall be considered only where there is a proven deficiency in service attributable solely to the Company and subject to applicable law. Once the trademark service has commenced, cancellation due to a change of mind, business decision, or other personal reason shall not by itself create an entitlement to a refund.

When Is a Trademark Service Considered Commenced?

A trademark service shall be deemed commenced when one or more of the following takes place:

• The Client provides written confirmation through email, WhatsApp, website form, or another electronic communication mode.
• The Client submits the required trademark name/logo, applicant information, documents, business details, or class-related information for processing.
• Trademark search, class identification, preliminary review, application preparation, documentation or backend processing is initiated.
• A professional/expert is assigned or the request is placed into the filing or processing workflow.
• The trademark application is prepared, filed, or an application number / filing acknowledgement is generated or shared.

Internal administrative coordination, resource allocation, document review, application preparation, trademark search and filing-related processing constitute valid commencement of the service.

Scenarios Where No Refund Will Be Issued

Subject to applicable law, no refund shall ordinarily be issued after service commencement, including but not limited to the following circumstances:

• The Client changes their decision after providing written confirmation to proceed.
• The Client decides not to register the trademark after search, review, class identification, or application preparation has begun.
• The Client obtains the same or similar trademark service from another consultant, agent, professional, or platform after authorising us to proceed.
• The Client fails to provide documents, information, signatures, OTP, clarification, or other required inputs.
• The Client becomes unavailable, unreachable, or does not respond to calls, emails, messages, or follow-ups.
• The Client provides incorrect, incomplete, false, or misleading information.
• The trademark application faces objection, examination report, opposition, hearing, rejection, delay, or other action by the Trade Marks Registry or another authority.
• The proposed trademark is found to be identical, similar, descriptive, objectionable, unavailable, or otherwise difficult to register.
• The Client requests cancellation due to personal reasons, financial reasons, change in business plans, or change of circumstances.
• The Client initiates a chargeback, payment reversal, or banking/payment-gateway dispute after service commencement.

Important Clarification

• Trademark registration is subject to examination and approval by the competent Government authority.
• No registration outcome, approval, acceptance, examination result, objection result, or timeline can be guaranteed.
• A Registry objection, opposition, hearing requirement, delay, or refusal does not automatically amount to a deficiency in service.
• A change of mind after commencement does not by itself create a right to refund.

4. Government Fees & Third-Party Charges

Government filing fees, statutory charges, taxes, stamp charges, third-party expenses, payment gateway charges and other external costs are separate from professional/service fees.

Once any Government fee or third-party charge has been paid, deposited, utilised, or becomes non-recoverable, such amount shall not be refundable by the Platform unless the concerned authority or third party itself approves and returns the amount.

5. Trademark Search & Registration Outcome

A trademark search or preliminary availability review is indicative and does not constitute a guarantee that the application will be accepted or registered. The final decision rests with the Trade Marks Registry and other competent authorities.

No refund shall become automatically payable merely because an application receives an examination objection, is opposed by a third party, requires a hearing, or is ultimately refused by the authority.

6. Professional Filing Charge

The professional filing charge of applies to one trademark application in one class, unless otherwise agreed in writing. This amount becomes payable after the trademark application has been prepared and filed and the application number or filing acknowledgement has been shared with the Client.

Objection replies, hearings, oppositions, amendments, renewals, additional classes and other legal/professional services are separate services and may attract additional charges.

7. Exception: Failure to Process

If no substantive service activity has been initiated within 15 (fifteen) days from the date of commencement, and the delay is solely attributable to the Company and not caused by missing documents, Client non-responsiveness, Government portal issues, authority delay, technical disruptions or third parties, the Client may request a review of the payment.

Any approved refund or adjustment shall be determined after review of the service record and applicable policy.

8. Chargebacks & Payment Disputes

Where a chargeback, reversal, dispute, or complaint is initiated with a bank, card issuer, payment gateway, authority, or other institution, refund processing may remain suspended until that dispute or complaint is resolved, subject to applicable law.

9. Force Majeure & Government Portal Delays

The Platform shall not be responsible for delays or non-performance caused by events outside its reasonable control, including Government portal downtime, Trade Marks Registry delays, technical failures, network outages, regulatory actions, changes in Government procedure, natural disasters, strikes, or third-party service disruptions.

10. Refund Processing Timeline

Where a refund is approved, it will ordinarily be initiated within 7–10 business days to the original mode of payment, subject to banking and payment gateway processing timelines.

11. Review of Refund Requests

Each refund request may be reviewed based on the payment record, Client confirmation, service commencement record, communications, documents submitted, work already performed, and any Government or third-party expenses already incurred.

Any decision under this policy remains subject to applicable consumer protection and other mandatory laws.

12. Contact

For refund or cancellation-related queries, contact: support@trademarkcounselindia.org