FikarFree Terms and Conditions

I. Terms for Trademark Buyers

These terms constitute an agreement between Risemark India Certification, and you, the person checking out a trademark in their online shopping cart at fikarfree.in. The sale and transfer/assignment of the trademark between the Buyer and the Seller will be known as “the Sale.”
By checking out with a trademark in Buyer’s cart and paying the listed fee, Buyer is agreeing to purchase the trademark registration they’ve selected.
If Buyer cancels their order by emailing fikarfree at info@fikarfree.in and informing Fikarfree that they wish to cancel their order within 30 minutes of checking out, Buyer is entitled to a refund of all they paid except for a 6% fee to cover approximate payment processing fees incurred by fikarfree.
If Buyer cancels their order by emailing fikarfree at info@fikarfree.in and informing fikarfree that they wish to cancel their order within 12 hours of checking out, Buyer is entitled to a refund of all they paid except for a 6% fee to cover approximate payment processing fees incurred by Fikarfree and an additional 10% restocking fee, totaling 16% of the total purchase amount.
If Buyer wishes to cancel Buyer’s order at any point after 12 hours have passed since checking out, Buyer is only entitled to a refund of 50% of the purchase price, plus a 6% payment processing fee to cover the approximate payment processing costs of the non-refunded portion.
Though Fikarfree requires that the Seller inform Fikarfree if the trademark is no longer for sale, Fikarfree can not guarantee that the trademark is available to the Buyer, particularly if the Seller violates its agreement with Fikarfree. If for some reason Fikarfree discovers that the Seller no longer owns the trademark at the time of the attempted purchase, Fikarfree will refund the Buyer in full.
Once Buyer initiates a purchase, Fikarfree will hold onto Buyer’s funds until both Buyer and Seller have signed a trademark assignment agreement. Once this agreement is signed, Fikarfree will disburse funds to the Seller, minus Fikarfree fees. Once the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with the ipindia. Below is a preview of the standard trademark assignment template Fikarfree uses, which has been submitted dozens of times to the ipindia, with a 100% success rate.

Fikarfree is not responsible for any actions of the Seller or Buyer, or any problems that may arise with the Sale, the Sale being between Buyer and Seller, not between Buyer and Fikarfree. Fikarfree is not responsible for pursuing any remedies for either side of the Sale in the case that there is a problem with the trademark sale or transaction.
Fikarfree does not make any guarantees or warranties about the legal status of any trademark listed on the Fikarfree marketplace. Buyer is responsible for performing Buyer’s own research on the listed trademark to confirm that its legal status is sound and that there are no conflicts with other trademarks. By checking out the listed trademark, Buyer agrees that they have reviewed the government records for the listed trademark and has confirmed that Buyer is satisfied with the attributes of the registered trademark such as whether it’s on the Principal or Supplemental Register and whether it’s a word mark and design mark. In rare cases, Fikarfree link to the government records in the trademark listing might go to the record of the wrong trademark. Even if that is the case, Buyer confirms that they have made sure to review the correct government record for the trademark.
Buyer confirms that if the government’s records conflict with Fikarfree’s description of the listed trademark, Buyer accepts these differences and wishes to purchase the trademark regardless.
If for some reason, after the trademark assignment agreement is signed by both sides, it turns out that Seller or Buyer has deceived the other party in some way, or if the Seller or Buyer has any other issue with the Sale, this constitutes a dispute between Buyer and Seller directly that does not involve Fikarfree.
Fikarfree will not issue any refunds because of issues involving the Sale after the assignment agreement has been signed by both sides.
After the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with IPIndia.
Any legal dispute between Buyer and Fikarfree will be under the jurisdiction, forum, and venue of Madhya Pradesh, Indore High Court.
The services performed by Fikarfree are not legal services and the protection of a client-lawyer relationship does not exist with respect to these services.
These terms may be modified in the future. Buyer is responsible for saving a copy of the terms as they existed when Buyer engaged with Fikarfree.

II. Terms for Trademark Sellers

These terms constitute an agreement between Fikarfree and you, the person listing a trademark on Fikarfree.in (the “Seller”). The sale and transfer/assignment of the trademark between the Buyer and the Seller will be known as “the Sale.”
Fikarfree’s flat percentage commission of all trademark sales consists of 25% of the sale price, which is taken out of the sale price before the money is transferred to the Seller.
Fikarfree’s commission does not cover payment processing fees. Payment processing fees incurred by Fikarfree when a trademark is purchased are subtracted from the sale price. This means that payment processing fees will usually be roughly 2.9%, but they may occasionally be as high as roughly 4.5% if the Buyer is based in a foreign country and pays through PayPal.
If Seller lists Seller’s trademark on Fikarfree, Seller’s listing is exclusive. That means Seller still has to pay Fikarfree 25% of the listing price even if Seller sells Seller’s trademark outside of Fikarfree, unless Seller removes Seller’s listing from Fikarfree 60 days before Seller makes the sale, by sending an email to info@Fikarfree.in informing Fikarfree that Seller wishes to remove Seller’s listing.
Sellers cannot start negotiations with a potential buyer (through Fikarfree or outside of Fikarfree) while the trademark is listed and avoid paying Fikarfree the commission by agreeing with the potential buyer to wait until the 60-day period ends to effect the trademark transfer. In other words, a deal that takes root during the listing period counts as a sale during the listing period, regardless of when the deal closes or the trademark assignment agreement is filed. Otherwise the Seller and Buyer could collude to avoid the commission by agreeing to a lower price if the Buyer is willing to wait 60 days to sign and/or record the assignment/sale agreement.
If Seller sells Seller’s listed trademark outside of Fikarfree’s marketplace, Seller must notify Fikarfree by emailing info@Fikarfree.in so that Fikarfree can charge its 25% commission and remove the listing from Fikarfree.
If Seller sells Seller’s listed trademark outside of Fikarfree and fails to inform Fikarfree before a Buyer attempts to purchase the trademark on Fikarfree’s marketplace, Fikarfree will not only charge Seller its 25% commission, but also an additional 10% fee to cover payment processing fees and the inconvenience caused to Fikarfree.
Listing a trademark for sale on Fikarfree is a commitment to sell the trademark when a buyer purchases the trademark on Fikarfree. Seller cannot back out of a sale or change their mind once a buyer initiates a trademark purchase. Seller is committed to signing the trademark assignment agreement for that trademark.
Seller may request to remove their listing from Fikarfree at any time if they decide not to sell their trademark at all, and Fikarfree will remove their listing within 72 “business hours” starting at 10AM India time on the next business day. Indian Government holidays do not count as business days. This means that if you ask us to remove the listing on Thursday at 8PM, we will have until 10AM the following Wednesday, assuming no Government holidays occur between those two days.
Once Buyer initiates a purchase, Fikarfree will hold onto Buyer’s funds until both Buyer and Seller have signed a trademark assignment agreement. Once this agreement is signed, Fikarfree will disburse funds to the Seller, minus Fikarfree’s fees.
After the trademark assignment agreement is signed by both sides, the Buyer is responsible for recording the assignment with IPIndia. Not the Seller.
If for some reason, after the trademark assignment agreement is signed by both sides, it turns out that Seller or Buyer has deceived the other party in some way, or if the Seller or Buyer has any other issue with the Sale, this constitutes a dispute between Buyer and Seller directly that does not involve Fikarfree.
Fikarfree will not issue any refunds because of issues involving the Sale after the assignment agreement has been signed by both sides.
If Seller fails to pay Fikarfree any of the fees owed to Fikarfree, Fikarfree will take legal action against the seller to recover the fees. Seller agrees that if Fikarfree prefers, Fikarfree may seize Seller’s trademark registration(s) instead of the owed fees.
Seller agrees that if the IPIndia refuses to recognize an assignment agreement, Seller will re-sign a new version of the assignment agreement with the corrections needed to get approved by the IPIndia.
Any legal dispute between Seller and Fikarfree will be under the jurisdiction, forum, and Madhya Pradesh, Indore High Court.
The services performed by Fikarfree are not legal services and the protection of a client-lawyer relationship does not exist with respect to these services.
Please save a copy of these terms as they existed when you executed your purchase. These terms may be modified in the future. Seller is responsible for saving a copy of the terms as they existed when Seller engaged with Fikarfree.