These Terms & Conditions (“Terms”) govern your access to and use of https://trademarkseva.com/ (“Site”) and all services offered through it by Tradesmark Seva, including trademark search tools, AI-generated Trademark Availability Reports, filing, prosecution, opposition-defence, and advisory services. By accessing the Site or placing an order, you (“User”, “you”, “Client”) agree to be bound by these Terms, our Privacy Policy, and our Refund & Cancellation Policy, each of which is incorporated by reference.
If you do not agree to these Terms, please do not use the Site or avail of our services.
1. Nature of Services
Trademark Seva provides:
- An AI-assisted trademark search tool that generates a Trademark Availability Report, including a suggested Nice Classification class and an indicative risk assessment
- Trademark filing services under the File, Protect, and Complete plans
- Trademark prosecution, examination-reply, hearing, and opposition-defence services
- General trademark and IP advisory services
Services may be performed directly by Nishant & Co or through empanelled/associate trademark attorneys and agents engaged on your behalf.
2. Nature of the Trademark Availability Report
The Trademark Availability Report is generated using automated text-similarity analysis of publicly available trademark register data. It is:
- An indicative, AI-generated estimate only, and does not constitute a legal opinion or guarantee of registrability
- Not exhaustive — it may not detect unregistered common-law marks, recently filed applications not yet reflected in the register, or phonetically similar marks in scripts other than the one searched
- Subject to independent verification by a qualified trademark professional before you rely on it for a filing decision
Trademark Seva does not guarantee that a mark shown as low-risk in the Report will be accepted or registered by the Trade Marks Registry, or that it will not be objected to or opposed.
3. Client Obligations
You agree to:
- Provide accurate, complete, and truthful information and documents for any search, filing, or advisory engagement
- Promptly respond to requests for additional information, documents, or signatures needed to meet Registry deadlines
- Ensure you have the right to use and register the brand name, logo, or mark submitted for search or filing
- Make payments as per the applicable plan and any government fees due
You are solely responsible for the accuracy of the information you submit. Trademark Seva is not liable for any delay, objection, refusal, or penalty arising from inaccurate, incomplete, or misleading information provided by you.
4. Fees and Payment
Fees for our File, Protect, and Complete plans, and any advisory or opposition-defence engagement, are as displayed on the Site at the time of booking. Government/statutory fees payable to the Trade Marks Registry are separate from our professional fee and are collected on your behalf for remittance to the Registry.
All professional fees are payable in advance and are subject to our Refund & Cancellation Policy, under which professional charges are non-refundable once an order is confirmed and work has commenced, save for the limited discretionary exception described in that Policy.
5. No Guarantee of Outcome
Trademark registration is subject to examination and discretion of the Registrar of Trade Marks under the Trade Marks Act, 1999, and may be affected by third-party opposition. Trademark Seva does not guarantee:
- That any application will be accepted, registered, or free from objection or opposition
- Any specific timeline for examination, registration, or disposal of opposition proceedings, as these depend on the Registry’s processing schedule
- Outcomes of services performed by independent empanelled attorneys/associates engaged for specialised prosecution or hearing work
6. Intellectual Property of the Site
All content on the Site — including text, graphics, logos, the Trademark Seva name and mark, and the underlying search/report-generation tools — is the property of Nishant & Co or its licensors and is protected under applicable copyright and trademark law. You may not copy, reproduce, modify, or distribute any part of the Site without our prior written consent.
7. Limitation of Liability
To the maximum extent permitted by law, Trademark Seva’s aggregate liability for any claim arising out of or relating to the services shall not exceed the professional fee actually paid by you for the specific service giving rise to the claim. We shall not be liable for indirect, incidental, or consequential damages, including loss of business, loss of the mark, or loss of anticipated profits, arising from delays, objections, refusals, or opposition outcomes beyond our control.
8. Indemnity
You agree to indemnify and hold Trademark Seva, its directors, employees, and associates harmless from any claim, loss, or liability arising from: (a) your use of a mark that infringes a third party’s rights; (b) inaccurate or false information or documents provided by you; or (c) your breach of these Terms.
9. Third-Party Services and Links
The Site may link to, or engage, third-party service providers (including payment gateways and empanelled trademark attorneys/associates). We are not responsible for the acts, omissions, or service quality of independent third parties, though we will make reasonable efforts to coordinate on your behalf.
10. Force Majeure
Trademark Seva shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government action, war, terrorism, strikes, or failure of Government e-filing infrastructure.
11. Termination
We may suspend or terminate access to the Site or any ongoing engagement if you breach these Terms, provide false information, or use the Site for any unlawful purpose. Termination does not entitle you to a refund of professional charges already incurred, except as set out in our Refund & Cancellation Policy.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of India. Courts at Delhi shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the services, subject to any mandatory statutory forum (e.g., consumer forums) that a Client may otherwise be entitled to approach.
13. Amendments
We may revise these Terms from time to time. Material changes will be notified on the Site or by email. Continued use of the Site or services after such changes constitutes your acceptance of the revised Terms.
14. Contact Us
Trademark Seva
A Unit of Nishant & Co.
Thank you for choosing Trademark Seva. We appreciate the opportunity to assist you with your intellectual property and trademark requirements.
Registration & General Enquiries
Email: support@trademarkseva.com
Phone: +91 99680 01790
Customer Support
Email: support@nishantandco.com
Phone: 011-40573414 | +91 79825 88566
Website: https://trademarkseva.com/
Office Address: Office No. 306A, 3rd Floor, Kirti Shikhar, District Centre, Janakpuri, New Delhi – 110058, India