Terms and Conditions of Service
Please read this document carefully. These Terms govern your use of the Platform and the administrative facilitation services provided by TrademarkCounselIndia.org.
Welcome to TrademarkCounselIndia.org (the “Platform”). These Terms and Conditions (“Terms”) form a legally binding agreement between you (“User/Client” or “User”) and the Company operating the Platform (“Company”, “we”, “us”). By accessing the Platform, submitting a request, or using the Services, you confirm that you have read, understood, and agree to these Terms.
Definitions
1.1 Company
The private entity operating TrademarkCounselIndia.org.
1.2 Platform
The website, forms, communications, and software systems operated by the Company.
1.3 User / Client
Any person, firm, or entity who visits the Platform or requests Services.
1.4 Lawyer
An independent legal professional enrolled with a State Bar Council in India and authorised to advise on trademark matters under the Trade Marks Act, 1999.
1.5 Services
Administrative coordination, appointment-scheduling facilitation (upon User request), documentation organisation (non-legal), status tracking, and communication support. Services expressly exclude legal advice, legal counselling, drafting of legal content, legal representation, or advocacy before any authority.
1.6 Platform Fee
The fee of ₹2,250 (or such other amount as displayed on the Platform) charged by the Company solely for the administrative facilitation and case-management Services described herein. This fee is non-refundable once service has commenced.
1.7 Lawyer Fees
Any professional fees charged by a Lawyer for consultation, advice, filing, representation, or any other legal service. Lawyer Fees are entirely separate from the Platform Fee and payable directly to the Lawyer under the Lawyer's own terms. Professional filing charges, if applicable, are payable to the Lawyer only after the application number or filing acknowledgement has been shared with the User.
1.8 Government Fee
The statutory fee payable to the Trade Marks Registry at the time of filing, determined by the applicant category, number of trademarks, and number of classes. This is separate from all Platform and Lawyer fees.
1.9 Business Hours
Monday to Friday, 10:30 AM to 5:30 PM (IST), excluding public holidays, unless stated otherwise by the Company.
Legal Nature of Platform
The Platform operates strictly as an administrative facilitator and case-management support system. The Company does not practice law, does not render legal opinions, does not interpret trademark law or Registry procedure for Users, and does not draft legal content. The Platform is designed to enable Users to request administrative assistance for scheduling and coordination with an independent Lawyer, if the User chooses to proceed.
The Platform's communications, templates, and content are for administrative clarity only and are not legal advice. The User is solely responsible for obtaining legal advice (if required) from an independent Lawyer.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Scope of Services
3.1 Appointment Facilitation (User-initiated)
Upon the User's request and consent, the Company facilitates administrative coordination and scheduling assistance with an independent Lawyer who is empanelled on the Platform and available based on the information provided by the User at the time of request. The Company does not recommend, endorse, rank, certify, select, or assign any Lawyer.
3.2 Documentation Organisation (Non-Legal)
The Company may assist with formatting, arranging, and organising documents for the Lawyer's review. The Company does not draft trademark applications, legal instruments, objection replies, pleadings, or any legal content.
3.3 Communication Support / Virtual Number
The Company may provide system-generated communication channels or virtual numbers for privacy and operational convenience. Any call or communication using such a channel is made by the Lawyer in his/her independent professional capacity and not on behalf of the Company.
3.4 Case-Management Support
The Company may provide reminders, scheduling coordination, collection of non-privileged administrative information, and tracking of basic status updates shared by the User or Lawyer.
3.5 No Guarantee of Availability / Response Time
The Company does not guarantee Lawyer availability, response time, willingness to accept the interaction, or continued participation on the Platform. Lawyers may accept or decline any interaction at their discretion.
3.6 Communication & Rescheduling Policy
After appointment confirmation, the independent Lawyer will initiate up to three (3) contact attempts to the Client using the registered communication modes, including phone call and email on the registered mobile number and registered email ID. If the Client does not respond or answer, remains unavailable, has a switched-off number, rejects calls or messages, faces network issues, provides incorrect details, or otherwise fails to respond, the same shall be treated as Client non-responsiveness, and the Company shall have no liability.
Rescheduling Limit (Strict): The Client and the Lawyer may reschedule a confirmed appointment up to three (3) times. After the Client exhausts three (3) rescheduling chances, any 4th request shall be treated as a new appointment/new application, and the Client must pay the full new appointment fee, with no adjustment or credit of the earlier fee.
No Refund for Non-Response / Missed Coordination: If the Client misses or ignores contact attempts, does not respond to follow-ups, provides incorrect contact details, or fails to coordinate within reasonable time, the appointment may be treated as attempted and no refund shall be applicable.
Charges & Fee Structure
Important Payment Information
- Platform Fee Only: The amount of ₹2,250 paid on the Platform is strictly the Company's Platform Fee for administrative facilitation and case-management services. It is non-refundable once service has commenced.
- No Legal Advice Included: The Platform Fee does NOT include legal advice, legal counselling, trademark filing, or legal representation of any kind.
- Lawyer Fees Separate: Any professional fee charged by a Lawyer is entirely separate and payable directly to the Lawyer under the Lawyer's own terms.
- Government Fee Separate: The applicable statutory fee payable to the Trade Marks Registry at the time of filing is entirely separate and is determined by applicant category, number of trademarks, and number of classes selected.
- Exclusions: The Platform Fee does not cover Government fees, Registry challans, objection replies, hearings, oppositions, renewals, amendments, additional classes, stamp/notary costs, third-party expenses, appearance fees, or any outcome-based assurances.
| Included in Platform Fee (₹2,250) | Not Included in Platform Fee |
|---|---|
| ✓ Appointment coordination with a Lawyer | ✗ Legal advice by the Platform |
| ✓ Lawyer availability coordination | ✗ Lawyer's professional fee (payable separately to Lawyer) |
| ✓ Document arrangement for Lawyer's review | ✗ Government / Trade Marks Registry fee |
| ✓ Reminder and follow-up support | ✗ Objection replies, hearings, oppositions, renewals |
| ✓ Basic case-management update | ✗ Guarantee of registration or outcome |
By making payment on the Platform, the User confirms that he/she has clearly understood the above fee separation and shall not later claim that the Platform Fee was the complete service fee or the full cost of trademark registration.
Payment Nature & Separation
The User acknowledges that the Platform Fee is payable solely for administrative facilitation and platform infrastructure. The Company does NOT collect, receive, hold, escrow, or transfer any professional legal fees or Government fees on behalf of any Lawyer or the Trade Marks Registry, and does not bundle legal services or Government filing charges into the Platform Fee.
Any payment made by the Company to a Lawyer (including any fixed monthly administrative honorarium) is an internal commercial arrangement strictly for availability and administrative coordination support and is NOT linked to the number of Users, trademark consultations, legal advice, filing outcomes, or value of legal services rendered. The User has no rights or claims in relation to such internal arrangements.
Contract Formation & Commencement
A binding contract for the Company's administrative Services is formed when the User submits a request and pays the Platform Fee (if applicable), subject to the User providing confirmation via the Company's confirmation email or registered channel, where required by the Platform. No Lawyer-Client relationship is created by form submission or payment of the Platform Fee alone.
Automated Commencement
The User acknowledges that facilitation activities may include automated system actions such as request logging, confirmation dispatch, queue allocation, availability mapping, and internal workflow initiation (including outside Business Hours). Such activities constitute commencement of service for administrative purposes and shall not be construed as non-commencement merely because an appointment time is not immediately communicated outside Business Hours, or because a Lawyer has not yet made direct contact with the User.
Lawyer Relationship Disclaimer
Lawyers are independent professionals. The Company does not supervise, direct, or control a Lawyer's professional judgement, legal advice, trademark strategy, filing decisions, conduct, or performance. The Company is not responsible for any advice given, actions taken, omissions, or outcomes produced by a Lawyer in the course of providing trademark services to the User.
Any professional confidentiality or privilege (if applicable) exists only between the User and the Lawyer. Users should share privileged or confidential legal and factual information directly with the Lawyer and not through the Company's administrative staff or communication channels.
No Agency / No Control
Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between the Company and any Lawyer. The Company has no authority to bind any Lawyer, and no Lawyer has authority to bind the Company. The Company does not control the content of Lawyer communications, does not approve or review legal advice given by a Lawyer, and does not provide scripts or instructions for legal advice relating to trademark matters.
No Recommendation / No Assignment
The Company does not recommend, endorse, rank, certify, rate, or guarantee any Lawyer empanelled on or connected through the Platform. The Platform does not assign Lawyers or solicit legal work on behalf of Lawyers.
Where one or more Lawyers are available based on the User's provided details, the Platform may disclose such availability. Any facilitation occurs only upon the User's explicit request and consent. The Company is not obligated to provide multiple Lawyer options and the User retains full discretion to proceed or decline.
Disclaimer of Advice & Outcomes
Nothing on the Platform constitutes legal advice, professional guidance, or any guarantee of outcome. Any decision to proceed with a Lawyer for trademark filing, objection reply, hearing, opposition, or any other trademark matter is made by the User independently. The Company does not guarantee acceptance, registration, freedom from opposition, or completion of any trademark application within a fixed period.
Trademark registration is subject to examination by the Trade Marks Registry, publication, third-party opposition periods, and statutory timelines, all of which are entirely beyond the Company's control. A filing acknowledgement or application number does not constitute registration or a guarantee thereof.
Refund / Cancellation
Refunds (if any) are governed strictly by the Platform's Refund & Cancellation Policy published on the Platform. Refund eligibility relates only to the Platform Fee and administrative Services and does not include Lawyer fees, Government fees, Registry challan amounts, or any third-party costs, which are non-refundable in all circumstances.
Important Fee Clarification: The amount of ₹2,250 paid on the Platform is only the Platform Fee for administrative facilitation and case-management support. It is not the complete trademark service fee and does not include the Lawyer's professional fee, Government/Registry filing fee, objection reply charges, hearing fees, opposition handling charges, stamp, notary, or any other costs associated with the trademark process.
Important Clauses
Refund Request During Active Facilitation
Any refund request raised after confirmation email dispatch and prior to appointment booking shall result in the appointment being placed on hold, pending review and resolution by the accounts department, in accordance with the applicable Refund Policy.
Appointment Delay
The User acknowledges and understands that in certain circumstances, the assigned independent Lawyer may be delayed in initiating the scheduled call or contact by a maximum period of three (3) hours from the appointed time, and this shall not constitute a breach of service by the Company.
Technical Issues
In cases of technical failure, network disruption, or any error attributable to either party's device or connectivity, neither the Platform nor the Lawyer shall be held responsible for the missed consultation or coordination. Rescheduling in such circumstances shall be subject to mutual availability and Platform policies.
Mark and Application Approval Responsibility
The User is solely responsible for the final approval of the trademark, applicant name, applicant category, trademark class(es), and description of goods/services before any application is filed. Once filed, the application details cannot be changed without a formal amendment request, which may attract additional Registry fees and Lawyer charges. The Company and the Lawyer bear no liability for errors arising from incorrect or incomplete information provided by the User.
Special Consideration
In unique and exceptional circumstances, we may, at our sole discretion, offer a partial refund of up to 20% of the Platform Fee as a gesture of goodwill. This shall not set any precedent or create any obligation for similar consideration in future.
User Obligations
The User agrees to provide accurate, complete, and lawful details and documents and to remain reasonably available for coordination after confirmation. Specifically, the User agrees to:
- Provide true, complete, and current identity documents, business documents, and trademark information as required for the trademark application process;
- Regularly check the registered email address, including spam and promotions folders, for all Platform and Lawyer communications;
- Remain reachable on the registered mobile number during reasonable hours for Lawyer contact attempts;
- Review and provide written approval of all trademark filing details (mark, class, applicant name and category, goods/services description) before the Lawyer proceeds to file;
- Not share Platform access credentials with any unauthorised third party;
- Promptly inform the Company of any change in contact details, instructions, or requirements.
Failure to respond, incorrect details, or non-cooperation may result in delays, closure of facilitation, or forfeiture of fees as per policy.
Prohibited Conduct
The User must not misuse the Platform, including: providing false or fraudulent information or documents, abusing or threatening Company staff or Lawyers, harassment of any kind, repeated refund abuse, frivolous disputes or chargebacks, impersonation of another person or entity, submitting applications for marks intended to infringe third-party rights or prohibited marks under the Trade Marks Act, 1999, unlawful activity of any nature, or attempts to obtain legal advice from Company administrative staff. The Company may restrict or permanently terminate access for such conduct without liability and without refund.
Data Protection & Communication
The Company processes User data for administrative facilitation, customer support, fraud prevention, and compliance. The Company does not sell personal data to third parties. The User authorises the Company to share necessary details with an independent Lawyer for facilitation purposes, subject to the User's request and consent flow.
Calls and messages may be recorded for quality and compliance purposes where permitted by law, and a notice may be provided. By using the Platform and continuing communications after notice, the User consents to such recording to the extent permitted by applicable law. The User may choose to discontinue communication if they do not consent, subject to the effect this may have on facilitation.
Limitation of Liability
The Company is not liable for any advice given by a Lawyer, any action or inaction by a Lawyer, any decision or order of the Trade Marks Registry, any opposition or objection raised by a third party, or any legal, commercial, or financial outcome arising from a trademark application or proceeding. The Company's aggregate liability, if any, shall be limited to the Platform Fee (₹2,250) paid by the User for the specific request that gave rise to the claim.
To the maximum extent permitted by law, the Company shall not be liable for indirect, incidental, special, consequential, or punitive damages, loss of profits, loss of business opportunity, loss of goodwill, loss of trademark rights, loss of data, or reputational harm, even if the Company has been advised of the possibility of such damages.
Indemnity
The User agrees to indemnify and hold harmless the Company and its directors, officers, employees, agents, and representatives against all claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from the User's breach of these Terms, misuse of the Platform, submission of fraudulent or infringing trademark applications, provision of false or misleading information, unlawful conduct, or any dispute between the User and any Lawyer or third party.
Changes / Suspension
The Company may update these Terms from time to time. Continued use of the Platform after updates constitutes acceptance of the revised Terms. The Company may suspend or restrict access for security, compliance, fraud prevention, operational reasons, or misuse, without prior notice.
Force Majeure
The Company shall not be liable for delays or failure in performance due to events beyond reasonable control, including network failures, internet outages, government actions, Trade Marks Registry shutdowns or policy changes, natural disasters, epidemics, strikes, court orders, or third-party service disruptions.
Governing Law / Jurisdiction
These Terms shall be governed by the laws of India. Courts at [Your City / State] shall have jurisdiction, subject to mandatory consumer protection laws (if applicable).
Arbitration
Disputes may be referred to arbitration at [Your City / State] in accordance with the Arbitration and Conciliation Act, 1996 (as amended), subject to rights under consumer protection law where non-waivable. Proceedings shall be conducted in English.
Grievance / Contact
For support or grievances, contact us during Business Hours (Monday to Friday, 10:30 AM – 5:30 PM IST):
Severability & Survival
If any provision of these Terms is held invalid, remaining provisions remain enforceable. Provisions relating to payment nature and separation, disclaimers, limitation of liability, data protection, indemnity, governing law, and dispute resolution shall survive termination or completion of Services.
Related policies — please review before proceeding: