How to apply as trademark agent in India?

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       

                                                                         or                              

                                               (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

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Company Secretary

Mobile 7838204665

Email csravi2014@gmail.com

Website http://csravi2014.blogspot.in/  Address  D-83, Laxminager, Near Metro Pillar 51

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Procedure for Transposition of Shares

Procedure for Transposition cum Demat

1.   If the names of the clients appearing on the security certificates match with the names in which the account has been opened but are in a different order, such securities can be dematerialised by the procedure laid down in the relevant Business Rules i.e., 11.1.5 and 11.1.13.

2.   The DP shall forward the DRF to the Issuer or its Registrar & Transfer Agent only after ascertaining that the number of certificates annexed with the DRF tallies with the number of certificates mentioned on the DRF. Provided further that in case of transposition cum dematerialisation cases, the DP shall also forward Annexure OA the DRF to the Issuer or its Registrar & Transfer Agent.

3.   The securities which have been dematerialised shall be credited to the account maintained by a DP only when the pattern of holdings in the account of the Client matches with the pattern of holdings as per the security certificates. Provided however that in case where the names appearing on the certificates match with the names in which the account has been opened but are in a different order, the Client can get, alongwith the security certificates dematerialised by submitting the security certificates alongwith the Transposition Form as per Annexure OA and the Dematerialisation Request Form (DRF) to the DP. The explanation of such pattern of holding is given in Annexure F.

ANNEXURE OA

TRANSPOSITION FORM

(for transposition and demat cases)

To,

 Name of Participant

 Address of Participant

We, the undersigned, being the joint holder(s) of securities of (Name of the Company) wish to have our holdings transposed in the following order in which we have an account with you.  We are also submitting the certificate(s) alongwith DRF for dematerialisation.

Names on the certificate of security:

Name	Signature(s)

Details of our client account:

DP Id	Client Id	Names of the account holders

Note: Separate Transposition form should be filled by the joint holders for securities having distinct ISINs

ANNEXURE F

PATTERN OF HOLDING AT THE TIME OF DEMATERIALISATION

At the time of dematerialisation of securities, the securities shall be credited to the account of the holders only if the pattern of holding as per the security certificate(s) submitted for dematerialisation or the names of the applicants in the case of any public or rights issue of securities matches with the pattern of holding as per the account maintained with the Participant to which it is credited.

Provided however that, in case of transposition and dematerialisation of securities, the securities held by A B and C can be dematerialised in an account opened in the combination of A C & B, B C & A, B A & C, C A & B and C B & A.

​

Ravi Garg

Company Secretary

Mobile 7838204665

Email csravi2014@gmail.com

Website http://csravi2014.blogspot.in/  Address  D-83, Laxminager, Near Metro Pillar 51

Whatsapp 7838204665 #CS Knowledge Platform-RG

FAQ on Trademark

Frequently Asked Question of Trademark

. 

1. What is a trademark?

A trademark is a distinctive sign or indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. 

Simply, a trademark is a warden of a trader.

2. What are the qualities of a good trademark?

A good trademark should possess the following qualities-

*.Easy to pronounce, spell, remember.
*Should be distinctive and should not have deceptive similarity.

*.Should not be descriptive.

*.Laudatory word/words such as best, perfect etcto be avoided.

3. Is the registration of trademark mandatory in India?

No, registration of a Trademark is not mandatory in India but it is advisable to do so.

4. What are the benefits of a registered trademark?

*.Identifies the origin of goods & services.

*.Advertises goods & services.

*.Guards the commercial goodwill of a trader.
*.Protects the innocent public from buying goods of second-rate quality.

5.How is a trademark designated in India? 

A trademark is designated by the following:*.™ (for an unregistered trademark, that is, a mark used to promote or brand goods);

*.® (for a registered trademark)

#CS KNOWLEDGE PLATFORM

Formation and Registration of a Non -Profit Organisations in India  
1) Trust                                                                                                                                
2) Society
3) Section-8 Company (previous section 25)
Additional Licensing/ Registration

Hence in this article we shall learn and understand the Procedure for Registration of Trust.

CS Ravi Garg

Procedure for Registration of Trust under the Indian Trusts Act 1882

LEGAL TERMINOLOGIES

·   Trust:  Trust” is an obligation annexed to the ownership of property, & arising our of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner.

·    Author of Trust – The person who reposes or declares the confidence is called “the author of the trust”

·    Trustee– -Every person capable of holding property may be a trustee or a person who accepts the confidence is called the “trustee”. (Section 10)

·     Beneficiaries – The person for whose benefit the confidence is accepted is called the “Beneficiaries”

·    Trust property – The subject matter of trust is called “Trust property” or “Trust Money”

·    Instrument of Trust – The instrument, if any, by which the trust is declared is called the “Instrument of Trust”.

Details required for CREATION OF A TRUST

1. Name of the Author/ Settlor of the Trust
2. Name of  Trustee
3. Name of the trust
4. Place/ Address of the trust
5. Main Objects of the trust (charitable or Religious)
6. Property of the trust which the settler gives
7. The rights & Duties of the beneficiary/ies (beneficiaries who will enjoy benefits out of that property.)
8. Person capable to enforce that obligation called cestuique trust;
9. intention of the author or founder to create a trust;
10. the purpose of the trust;

(Trustees : A trust needs a minimum of two trustees; there is no upper limit to the number of trustees. The Board of Management comprises the trustees.) 

STEPS TO BE FOLLOWED

1. A trust deed is the main instrument of trust wherein the objects and mode of management should be enshrined, how the trust should be managed, how other trustees may be appointed or removed, etc. In every trust deed, the minimum and maximum number of trustees has to be specified.. The trust deed should be signed by both the settlor/s and trustee/s in the presence of two witnesses. The trust deed should be executed on non-judicial stamp paper, the value of which would depend on the valuation of the trust property. 

2. Purchase a Stamp Paper of requisite value

 (8 % of the value of property of the trust in Delhi. The rate varies from state to state)

3. Date is to be fixed for the registration of Trust Deed with the Sub Registrar Office under
the Indian Trusts Act, 1882:

4. Government Registration Fees is paid. (Trust Deed on stamp paper of requisite value)

 One passport size photograph & copy of the proof of identity of the settler, two trustees, two witnesses is required.

5. All the Trustees and two witness visit the Local Sub Registrar Office in the fixed day for registration.  

6. The Registrar retains the photocopy & returns the original registered copy of the Trust Deed.

(For any professional and legal help, ping me csravi2014@gmail.com and 7838204665)

Detailed Process Application for Registration : 

The application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be registered.

After providing details (in the form) regarding designation by which the public trust shall be known, names of trustees, mode of succession, etc., the applicant has to affix a court fee to the form and pay a registration fee which may range differently, depending on the location and value of the trust office and trust property.

The application form should be signed by the applicant before the registrar, sub-registrar, deputy registrar, regional officer or superintendent of the regional office of the charity commissioner or authorised registrar. The application form should be submitted, together with a copy of the trust deed.

Two other documents which should be submitted at the time of making an application for registration are affidavit and consent letter. 

WHO MAY BE TRUSTEE?

Every person capable of holding property may be a trustee: but, where the trust involves the exercise if discretion, he cannot execute it unless he is competent to contract. No one is bound to accept a trust. Any number of persons may be appointed as trustees. However, no trust is defeated for want of a trustee. Where there is no trustee in existence, an official trustee may be appointed by the court and the trust can be administered.

Ravi Garg

Company Secretary

Mobile 7838204665

Email csravi2014@gmail.com

Website http://csravi2014.blogspot.in/

Whatsapp 7838204665 #CS Knowledge Platform-RG