This article on ‘How to become a trademark agent in India?’ was written by Nirmiti Ratnakar, an intern at Legal Upanishad.
Introduction
The trademark is the intellectual property branch. Intellectual property rights allow a person to retain ownership of their original product and inventive endeavor. Intellectual property consists of Trademarks, the Copyright Act, the Patent Act, and the Designs Act. A trademark is the name, phrase, or symbol that differentiates the products of various firms. Through the use of a trademark, the process of marketing products or services will become easier, as the product’s identification will be ensured and easy to recognize. An organization or its owner may ban other companies in the same industry from using a symbol as a trademark.
This article discusses the steps required to become a Trademark Agent in India.
Who is a trademark agent?
A person who specializes in handling issues related to trademarks is called a trademark agent. Agents for trademarks are expected to have a comprehensive understanding of trademarks, as well as expertise in the procedures for registering and protecting trademarks, as well as the prevention of the use of counterfeit marks. A trademark agent is someone who deals with all of the potential legal elements of a trademark, beginning with the registration of the trademark and continuing all the way up to participating in court matters that are related to the trademark.
The act specifies the requirements that must be met to become a trademark agent
Both the Trademarks Act of 1999 and the Trademark Rules of 2002 outline the requirements that must be met in order to become a Trademark Agent.
Who can become a trademark agent?
An individual must be qualified to be registered as a trademark agent in order to meet the requirements of Rule 145. This qualification requires the individual to be a citizen of India, to be at least 21 years old, to be a graduate of any institute in India, or to have equivalent qualifications and to have passed the examination that is provided in Rule 148.
In addition, the individual must be either an Advocate within the meaning of the Advocates Act, 1961 or e is a member of the Institute of Company Secretaries of India and is considered by the Registrar to be a suitable person to be registered as a trademark agent because of their membership in this organization. A CS is exempt from the such exam
How does one get a license as a trademark agent in India?
A] FOR AN INDIVIDUAL OTHER THAN A COMPANY SECRETARY:
In order to become a trademark agent, one must pass the Trademark Agent Test, a qualifying test. The Trademark Registry administers this examination in compliance with the Trade Marks Act of 1999.
Who is qualified to apply?
- a person who fulfills the following requirements: an Indian citizen.
- has achieved 21 years and one month of age.
- has a degree from one of India’s recognized institutions of higher education or equivalent certification.
How do applicants apply?
Form TMA-1, the authorized application form, must be used for submitting applications. The application must be submitted at least three times, each time with the requisite money.
How does the Trademark Agent exam unfold?
Applicants who satisfy the criteria will be contacted and asked to take a written examination, which will be followed by an interview in the centres where the appropriate trademark registration offices are situated. The candidate’s written exam score is worth a total of 150 marks, while their interview performance is worth 50 points.
Both the written examination and the interview will focus on Trademark Laws and Practices. The questions will evaluate your abilities to solve issues and draft documents based on the Trade Marks Act and the Rules.
Finally, the Publication of those who passed the examination.
The Registrar will then publish the names of persons who passed the test in the Register of Trademark Agents, together with their dwelling address, principal place of business address, nationality, qualifications, and registration date. The Registrar can publish a code of ethics for registered Trademark Agents in the Journal, therefore granting them authority to function as such.
B] STEPS TO FOLLOW FOR TRADEMARK AGENT REGISTRATION BY A COMPANY SECRETARY:
- Step 1. Visit https://ipindia.gov.in/
- Step 2. Visit the entire e-filing service after accessing the aforementioned website, or proceed straight to https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx.
- Step 3. The third step requires the applicant to click on New User. Sign Up
- Step 4. Before continuing with the registration process, read and download the Digital Signature Manual.
- Step 5. A new tab titled “New User Registration Form” appeared.
- Step 6. Select the Type of Applicant Ownership Step VII. Enter the code and further open the tab
- Step 7. Add the applicant’s information to the form in Step 8. Before enrolling in DSC at this step, read the Digital Signature Manual. In the last step, the Department sends user credentials to the applicant’s email address. Then, connect to the site and complete Form TMA-G using a CS. Include papers such as a Membership Certificate and COP Certificate beside the application. The applicant is required to pay Rs 4500/- in registration fees. After completing the preceding stages, the applicant will get the TM agent Certificate from the appropriate Department.
Who maintains the record of trademark agents?
The Registrar of Trademarks is required to keep a record of trademark agents, which includes the name, address of the place of residence, address of the major place of business, nationality, qualifications, and registration date of each registered trademark agent. This record must be kept in a secure location.
Conclusion
The role of a Trademark agent in India offers a lot of professional satisfaction. There are over 1.5 million trademark applications that are still pending or that have been granted in the Indian Trademark Database, which is handled by the Trade Mark Registry of India. In India, one may become a trademark attorney by one of two different routes. Having the professional credentials needed to practice in front of the Trade Mark Registry of India, or have successfully completed the examination necessary to become a Trade Mark Agent. Individuals interested in becoming Trademark Agents allowed to practice before the Trademarks Registry are required to pass an exam that is given by the Trademarks Registry.
Bibliography
- Kulshrestha, P.byA. (2021) Easy registration procedure for CS as a trademark agent, SAG Infotech Official Blog. Available at: https://blog.saginfotech.com/registration-procedure-cs-trademark-agent (Accessed: October 22, 2022).
- Institute of Patent Attorneys india: Trademark agent examination (no date) Institute of Patent Attorneys India | Trademark Agent Examination. Available at: http://www.ipaindia.co.in/trademark-course.html (Accessed: October 22, 2022).
- Interns, I. (2022) Trademark agent: How do you become a trademark agent?, Intepat IP. Available at: https://www.intepat.com/blog/trademark/trademark-agent-india/ (Accessed: October 22, 2022).
- Vikashtaxguru (2021) Process of registration of ‘CS’ as a trademark agent in India, TaxGuru. Available at: https://taxguru.in/chartered-accountant/process-registration-cs-trademark-agent-india.html (Accessed: October 22, 2022).