CS Knowledge Platform-Ravi Garg: August 2017

How to qualify as trademark agent India?
How to apply as trademark agent India?

CS Ravi Garg

How to qualify as trademark agent in India?

A trademark attorney or agent is considered to be a qualified individual, who offers plenty of valuable deals and advice that are related to all legal aspects of filing trademark applications, opposition cases, granting application, and much more. For qualifying as trademark agent, it is important for the individual to clear a preliminary examination that is conducted once a year by Trademark Registry. This is the trademark agent exam, which when qualified helps the individual to go the next stage of becoming a successful trademark agent.

Eligibility :

An individual is said to be eligible for applying for examination under Trademark Act of 1999 only after completing 21 years of age. Also, he needs to possess a graduate degree from any recognized Indian university or other qualification that is equal to it, or hold a law degree.

There are two ways to become an India Trademark Attorney.

(A)

One being eligible by professional qualification to practice before the Trade Mark Registry of India

(B)

By pasing the qualifying examination conducted for becoming a Trade Mark Agent

The Trademarks Registry conduct an examination to admit persons to become Trademark Agents entitled to practice before the Trademarks Registry. The qualification for becoming a Trademark Agent is prescribed in the Trademarks Act 1999 and the Trademark Rules 2002. In addition Advocates who are enrolled under the Advocates Act and Company Secretaries who have passed the examination conducted by the Institute of Company Secretaries of India and are licensed to practice as Company Secretary are entitled to represent their clients before the Trademarks Registry without the need for appearing in the Trademark Agent examination.

Section 145 of the Trade Marks Act 1999 provides as to who can act as a Trademark Agent

Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorized in the prescribed manner, who is –

(a) a legal practitioner, or

(b) a person registered in the prescribed manner as a trademark agent, or

(c) a person in the sole and regular employment of the principal

Rule 19 of TM Rules, 2017

AGENCY: The authorization of an agent for the purpose of section 145 is to be executed in form TM-M.

In case of such authorization, service upon agent of any document relating to the proceeding upon the agent is deemed to be service upon the applicant for trademark. The duly authorized agent is entitled to perform any act required to be done before the Registrar on behalf of his client, except the making of an affidavit. Thus it has been held that an agent of India Trademark Attorney is entitled to enter into a compromise, acting in a bona fide manner, unless there are express directions to the contrary.

REGISTRATION OF TRADE MARKS AGENTS

Section 149: Registration of existing registered trademarks agents, code of conduct etc.- (1) Notwithstanding anything in rule 150, every person whose name has been entered in the register of trade marks agents maintained under the old law shall be deemed to be registered as a trade marks agent under these rules. (2) The Registrar may publish in the Journal a code of conduct for registered trade marks agent authorising them to act as such.

Section 150: Qualification for registration .- Subject to the provisions of rule 151, a person shall be qualified to be registered as a trade marks agent if he- is a citizen of India; is not less than 21 years of age; has passed the examination prescribed in rule 154 or is an Advocate within the meaning of the Advocates Act, 1961 (25 of 1961), or is a Member of the Institute of Company Secretaries of India; is a graduate of any university in India or possess an equivalent qualification; and is considered by the Registrar as a fit and proper person to be registered as a trade mark agent.

Purpose of Form and related rules along with Fees Structure:

IMPORTANT LINKS

Form TM-G_Apply for TRADEMARK AGENT

Trademark Registration Process TRADEMARK- Intellectual Property Right
http://csravi2014.blogspot.in/2017/03/trademark-registration-process-byCSRaviGarg.html

Reference of Laws:

Trade Marks Act 1999 (as amended till date)

TradeMarks (Amendment) Act, 2010

TrademarkRules of 2017