TERMS & CONDITIONS
Please read the Terms & Conditions carefully as it contains important information regarding the process and include various limitations and exclusions.
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This form shall be used ONLY for a Standard trademark application. A Standard trademark application means an application for registration of a trademark not being a Collective or Certification trademark or Series of marks.
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This form shall be used ONLY for ‘proposed to be used’ trademark. In case the use of the trademark is claimed prior to the date of application, the applicant is required to file an affidavit testifying to such use along with supporting documents. Please contact us at ip@novolex.in for professional support. Please note that the statement as to use of the mark once made is final.
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We will make the trademark application only based on the information provided by the applicant in the form. We do not conduct independent diligence or search. The applicant may conduct an independent diligence and search including a trademark public search on https://ipindia.gov.in/.
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The applicant is required to provide us with a signed authorization letter, so that we can file the trademark application on the applicant’s behalf.
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The trademark application will be filed completely though an official online process made available by the trademarks registry.
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We will file the trademark application only after the applicant pays the government notified trademark application fee to us. On completing the filing of the trademark application, we will share the payment receipt with the applicant.
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The applicant is obligated to provide complete and correct information. Any data/information provided regarding the applicant is out of the applicant’s own volition, consent and risk. The applicant grants us full authority to use such data/information, including for preparing the trademark application and for communication.
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In our experience, trademark registration tentatively takes 18-24 months, however this may vary on case to case basis. The trademark application is examined by the trademarks registry in detail on multiple grounds i.e. similarity, conflict, identical, phonetics, distinctiveness, descriptiveness, public policy, confusing/deceiving nature, etc. The trademark application once filed can be refused/rejected by the trademarks registry on any such grounds.
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The fees and other amounts once paid to the trademarks registry are usually non-refundable. We are not involved in the refund process. The applicant may independently take recourse or avail other remedies under applicable laws.
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It is the applicant’s responsibility to check the status and the progress of the trademark application periodically on https://ipindia.gov.in/. The applicant may from time to time receive notification/updates directly from the trademarks registry and it is the applicant’s responsibility to take subsequent actions. The applicant may also request our team at ip@novolex.in to provide assistance for status update at a nominal fee.
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Please note that our role here is only of filing the trademark application on the applicant’s behalf and that too for one trademark application in one class per applicant. For any further actions required such as making additional applications, responding to objections / oppositions / rejections, attending hearings or litigation, the professional fees will be separate and will be mutually agreed as and when required by the applicant.
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The applicant shall fully indemnify, defend and hold us harmless from and against any demands, claims, losses, costs and/or liabilities which we may at any time suffer or incur as a result of or in connection with giving services to the applicant, default of the applicant, or the reasons which are attributable to the applicant.
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To the maximum extent permitted by applicable law, all information, data, software, products, service and related material are provided by us on “as is”, “where is”, “as available”, “with all faults”, and “without recourse” basis without warranty or condition of any kind.
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Notwithstanding anything contained herein,: (a) in no event shall we be liable for direct, indirect, consequential or punitive loss, damage, compensation, costs or expenses; (b) our maximum and total liability (regardless of form of action) to the applicant, its affiliates and/or group companies or its/their representatives, personnel, shareholders, members, directors, etc. shall in no event exceed twenty-five percent of the fees paid for a particular trademark application which gives rise to the liability or INR 100/- (Indian Rupees One Hundred only), whichever is lower; and (c) honouring and adhering to this clause entirely is a pre-requisite for performance of the services.
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We reserve the right to deny the services to any person at any point in time for any reason or no reason without any notice.
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This is a limited period offering from our end and may be discontinued at any point in time for any reason or no reason without any notice
FREQUENTLY ASKED QUESTIONS (FAQS)
WHY TO APPLY FOR TRADEMARK REGISTRATION
A registered trademark is an intangible asset (intellectual property). A registered trademark crystalizes goodwill attached to a brand and provides a statutory protection. A trademark registration certificate is a prima-facie evidence of ownership of the trademark. Sometimes, registration of trademarks is a pre-requisite for raising funds from investors. A registered trademark can be monetized by brand licensing arrangements or IP assignment.
WHAT IS THE FEE FOR FILING THE TRADEMARK APPLICATION
The applicant only has to pay the governmental fee as are levied by the trademarks registry (INR 4,500 or INR 9,000 - per class per application. The governmental fee depends nature of the applicant and may vary from time to time). The applicant will receive an official receipt along with the application number issued by the trademarks registry for an equivalent amount after the trademark application filed.
Once The applicant submits the form with us to begin the trademark application filing process, our team will reach out to the applicant and share the payment details.
WHAT IS THE TOTAL COST OF TRADEMARK REGISTRATION
Trademark application and trademark registration are 2 distinct events. Trademark registration is a time consuming process and involves various functions from the trademarks registry's end. A trademark application goes through several stages, and some or all such stages involve making payment of governmental fees to the trademarks registry (such as for trademark application, amendment/correction to trademark application, replying to opposition to a trademark application, IP litigation, etc.)
WHAT IS A TRADEMARK CLASS
Trademarks are classified as goods or services and are divided in to 45 classes. Each Class pertains to an unique category of goods/services. Classes1 to 34 pertain to goods/products and Classes 35 to 45 pertain to services. International Classification of Goods and Services (Nice Classification) is adopted in India.
Each trademark application must mention the class number (Class 1 to Class 45). The applicant is required to study, identify and specify the class number under which the applicant desires the trademark registration. The trademark would then be registered only under the specified class only.
WHAT IS A 'STARTUP'
Startup means an entity recognized as a startup by DPIIT. Government provides 50% rebate to startups in certain trademark matters.
WHAT IS A 'SMALL ENTERPRISE'
Small Enterprise means Micro, Small And Medium Enterprises (MSME) having Udyog Aadhar Certificate. Government provides 50% rebate to small enterprises in certain trademark matters.
HOW MUCH TIME DOES IT TAKE FOR MAKING THE TRADEMARK APPLICATION
The process of making a trademark application is very efficient. The actual time depends on the flow of information and documents from the applicant, receiving the governmental fees from the applicant, downtime of the government website, and the pipeline of trademark application requests.
HOW MUCH TIME DOES IT TAKE FOR TRADEMARK REGISTRATION
The trademark application is examined / processed in detail and therefore trademark registration tentatively takes 18-24 months, however this may vary on case to case basis.
WHEN TO USE ™ AND ®
The applicant can use the symbol ™ on filing the trademark application. The symbol ® signifies registration of the trademark and shall be used once the trademark is registered.
CAN ANY PERSON OPPOSE A TRADEMARK APPLICATION
A trademark application can be opposed by any third party and can raise objection to trademark registration. Such third party may object the trademark registration to safeguard its own interest or in public interest.
CAN THE TRADEMARK APPLICATION BE REJECTED
A trademark application can be objected/opposed and ultimately be rejected on various grounds such similarity, conflict, identical, phonetics, distinctiveness, descriptiveness, public policy, confusing/deceiving nature, etc.
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A trademark application can also be rejected in case the Class chosen is incorrect or the description of goods/services is inconsistent with the Class chosen.
ARE THE FEES REFUNDABLE
The fees once paid are usually not refunded. We are not involved in the refund process. The applicant may independently take recourse or avail other remedies under applicable laws.
HOW TO KNOW THE TRADEMARK APPLICATION STATUS / REGISTRATION
The applicant may from time to time receive notification/updates directly from the trademarks registry. However, it is the applicant’s responsibility to check the status and the progress of the trademark application periodically on ipindiaonline.gov.in. The applicant may also request our team at ip@novolex.in to provide assistance at a nominal fee.
WHAT IS THE VALIDITY PERIOD OF A REGISTERED TRADEMARK
A trademark registration is valid for a period of 10 years. On expiry of the registration can be renewed from time to time. There is a renewal fee which is required to be paid to the trademarks registry. If the trademark registration is not renewed, the trademark registration is liable to be removed.