Disclaimer

TrademarkCounselIndia.org is a private administrative facilitation and case-management platform owned and operated by a private entity (the “Company”). The Platform facilitates administrative coordination and communication between Users and independent Lawyers who are separately empanelled, based on information submitted by Users through the Platform's information form.

The Platform is limited to facilitating communication, scheduling, and administrative coordination between Users and independent Lawyers, where requested by the User. The Platform does not engage in the practice of law, does not advise Users on legal matters, does not prepare or file trademark applications, and does not represent Users before any authority, court, or tribunal.

The information form available on the Platform is not an official government form, a trademark application, a Registry filing, or a request to any government department. It is solely a preliminary tool used to understand the User's requirements for the purpose of administrative coordination and facilitation.

The Platform is not a government website, government portal, or government-affiliated service. The following entities have no connection whatsoever with this Platform:

TrademarkCounselIndia.org, its owners, directors, employees, and representatives are not advocates, trademark agents, legal professionals, government officials, or trademark examiners, and do not provide legal advice, legal counselling, legal representation, or professional opinions of any kind.

The Company is not a law firm and is not registered or licensed as a law firm under the Advocates Act, 1961, or under any other applicable Indian law. Nothing on the Platform should be construed as establishing a lawyer-client relationship, an advocate-client relationship, or any professional relationship between the Company and the User.

The word “Counsel” in the Platform's name refers to its administrative facilitation and coordination function in connecting Users with independent Lawyers and does not represent, imply, or warrant that the Platform or the Company provides legal counsel, legal advice, or legal services of any kind.

No information, content, communication, template, guide, checklist, class suggestion, or any other material published on, communicated through, or made available by the Platform constitutes legal advice, legal opinion, or professional trademark advice of any kind.

Any class identification guidance, trademark eligibility information, or general trademark process information provided by the Platform is purely general and informational in nature and is not a substitute for independent professional advice from a qualified Lawyer or trademark agent. Users must not rely on such information as legal advice and must independently verify all information with a qualified professional before taking any action.

The Platform makes no representation, warranty, or assurance of any kind that:

• A particular trademark is available for registration or is registrable under the Trade Marks Act, 1999;
• A trademark application will be accepted, approved, or granted registration by the Trade Marks Registry;
• A filed application will proceed without examination report, objection, opposition, or refusal;
• The trademark will remain valid, enforceable, or free from challenge after registration;
• The trademark does not infringe any existing registered mark, well-known mark, or third-party rights;
• Registration will be completed within any particular or estimated timeframe;
• The trademark class, description of goods/services, or any other application detail suggested or discussed is legally correct or appropriate for the User's specific situation.

The information form available on the Platform is not an official government form, a trademark application form (TM-A or otherwise), a Registry filing, or an application to any government department or authority. Submission of this form does not constitute filing of a trademark application with the Trade Marks Registry or with any government body.

The form is solely a preliminary administrative tool used by the Platform to understand the User's requirements and to facilitate coordination with an independent Lawyer, at the User's request. Any trademark application, if filed, is prepared and filed by the independent Lawyer in his/her professional capacity and not by the Platform or the Company.

Any Lawyer whose details may be shared or with whom interaction may be facilitated through this Platform is an independent third-party professional and is not an employee, partner, agent, director, or representative of the Platform or the Company in any capacity.

The Company does not supervise, direct, or control any Lawyer's professional conduct, legal judgement, advice, filing strategy, or performance. The Company does not verify, certify, endorse, or guarantee the qualifications, experience, conduct, or outcomes of any Lawyer. The Company is not responsible for any advice given, action taken or omitted, error, negligence, or outcome attributable to any independent Lawyer.

Any professional-client relationship, including any duty of confidentiality and privilege, exists solely between the User and the independent Lawyer and not with the Company or the Platform.

The Platform has no control over and accepts no responsibility for any of the following:

• Decisions, orders, directions, or communications issued by the Trade Marks Registry or any Registrar;
• Examination reports, objections, or refusals issued during trademark examination;
• Opposition proceedings initiated by any third party against a User's trademark application;
• Delays caused by the Trade Marks Registry, government system outages, or changes in Registry procedure or policy;
• Outcomes of hearings, oppositions, appeals, or court proceedings relating to a trademark;
• Changes in trademark law, rules, or government fee structures after the date of filing;
• Cancellation, invalidation, or revocation of a registered trademark by any competent authority or court;
• Infringement claims or third-party rights asserted against the User's trademark after filing or registration.

All Registry actions, legal proceedings, and outcomes are entirely beyond the Platform's control and purview.

Users are solely and fully responsible for:

• Providing complete, accurate, truthful, and lawful information, documents, and identity proof on the Platform and to the assigned Lawyer;
• Independently reviewing, verifying, and giving written approval of the trademark name or logo, applicant name, applicant category, trademark class(es), and description of goods/services before the Lawyer proceeds to file any application;
• Ensuring that the trademark being applied for does not infringe any existing registered mark, pending application, well-known mark, trade name, copyright, or other intellectual property right of any third party;
• Complying with all applicable provisions of the Trade Marks Act, 1999, the Trade Marks Rules, 2017, and any other applicable law in connection with their trademark matter;
• Any consequences arising from incorrect, incomplete, or misleading information provided to the Platform or the Lawyer;
• Any third-party claims, infringement actions, or legal proceedings arising from or connected with the User's trademark or its use.

All content published on the Platform, including text, guides, FAQs, blog posts, process descriptions, class lists, fee information, and any other material, is provided on an “as is” and “as available” basis for general informational purposes only. The Company makes no representations or warranties, express or implied, as to the accuracy, completeness, currency, reliability, suitability, or fitness for any particular purpose of the information on the Platform.

Trademark law, Registry procedures, government fees, and classification rules are subject to change. The Platform does not undertake to update all content in real time and Users must independently verify all information with a qualified professional before relying on it.

The Platform Fee of ₹2,250 (or such other amount as displayed on the Platform) is the Company's fee strictly for administrative facilitation and case-management services only. It is not and does not include:

• Any legal advice, trademark consultation, or legal service;
• The Lawyer's professional fee, which is entirely separate and payable directly to the Lawyer;
• The Government / Trade Marks Registry filing fee, which is payable separately at the time of filing;
• Any fee for objection replies, Registry hearings, opposition proceedings, renewals, amendments, assignments, or any other legal or professional service beyond administrative facilitation.

Payment of the Platform Fee does not guarantee appointment with a Lawyer, filing of a trademark application, or any trademark-related outcome. The Platform Fee is non-refundable once service has commenced, in accordance with the Terms and Conditions and Refund Policy published on the Platform.

The Platform may contain links to external websites, government portals (including ipindia.gov.in), payment gateways, or third-party resources for the User's convenience. The inclusion of any such link does not imply endorsement, affiliation, sponsorship, or approval by the Company of the linked website or its content, accuracy, or availability.

The Company is not responsible for the content, accuracy, security, privacy practices, or availability of any third-party website or external resource. Users access third-party links entirely at their own risk and are encouraged to review the terms and privacy policies of any external website before providing personal data.

To the fullest extent permitted by applicable law, the Company, its owners, directors, officers, employees, agents, and technology providers expressly disclaim all liability for any loss, damage, cost, or expense of any nature whatsoever (whether direct, indirect, incidental, consequential, special, punitive, or otherwise) arising out of or in connection with:

• Any reliance on information, content, or guidance available on the Platform;
• Any action or omission by an independent Lawyer in connection with a User's trademark matter;
• Any decision, examination report, objection, opposition, refusal, or other action by the Trade Marks Registry or any competent authority;
• Any third-party infringement claim or intellectual property dispute arising from the User's trademark or its use;
• Any error, inaccuracy, or omission in information provided by the User to the Platform or the Lawyer;
• Any failure of the Platform due to technical issues, network disruptions, system outages, or force majeure events;
• Any delay, non-registration, or abandonment of a trademark application for any reason;
• Any loss of business, goodwill, revenue, profits, data, or trademark rights, howsoever caused.

Where liability cannot be excluded by law, the Company's total aggregate liability shall in no event exceed the Platform Fee (₹2,250 or the actual amount paid, whichever is lower) paid by the User for the specific request giving rise to the claim.

This Platform does not solicit legal work, legal retainers, or legal engagements on behalf of any Lawyer. Nothing on the Platform constitutes an advertisement of legal services under the Bar Council of India Rules or any applicable professional conduct rules. The Platform is an administrative facilitation service only. Lawyers empanelled on the Platform act entirely in their independent professional capacity.

Users seeking legal representation, legal advice, or trademark advocacy must independently engage a qualified Lawyer or trademark agent of their choice. The Platform facilitates an introduction upon the User's explicit request and does not solicit, procure, or arrange legal engagements.

This Disclaimer is governed by and shall be construed in accordance with the laws of India. Any dispute arising out of or in connection with this Disclaimer or the use of the Platform shall be subject to the exclusive jurisdiction of competent courts in India, subject to applicable consumer protection laws.

By using this Platform, you acknowledge that you have read, understood, and unconditionally agree to this Disclaimer in its entirety.