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A trademark attorney is deemed to be a legal individual, who provides useful advice about the various legal characteristics of filing new trademark applications, opposition applications, granting trademarks, and more. For training as a trademark agent, the attorney needs to clear a preliminary examination that is administered by Trademark Registry.
The Registrar of Trademarks keeps a Register containing all details of trademark agents or Trademark Attorney including their name, place of residence, principal place of business, nationality, credentials, and date of registration. All individuals aiming to be registered as a trademark agent or Trademark Attorney must make an application in Form TM-G.
All applications under the requirements of a TM-G are rendered in duplicate and sent to or accepted by that office of the Trade Marks Registry within whose territorial jurisdiction the primary place of business of the applicant is placed.
On receipt of an application for the registration of an individual as a trademark agent, the Registrar, if pleased that the applicant satisfies the required qualifications, shall assign a date on which the prospect will appear for examination in Trade Marks Law and practice. The competent marks for the examination are advertised by the Registrar.
Keeping in mind the requirements of Rule 145, an individual must be qualified to be registered as a trademark agent as long as they are a citizen of India, not under 21 years of age, a graduate of any institute in India, or has an equivalent qualification and has cleared the examination provided in Rule 148 or is an Advocate within the meaning of the Advocates Act, 1961 or is a member of the Institute of Company Secretaries of India and is assumed by the Registrar as a fit individual to be registered as a trademark agent.
If the Registrar deems the applicant competent under Rule 144 for registration as a trademark agent, they will enroll the prospect as a registered trademark agent after the payment of the necessary fee and shall award a certificate to them. The registration shall prevail till the end of the financial year of the registration.
If the Registrar deems the applicant competent under Rule 144 for registration as a trademark agent, they will enroll the prospect as a registered trademark agent after the payment of the necessary fee and shall award a certificate to them. The registration shall prevail till the end of the financial year of the registration.
The Registrar must withdraw from the register of trademark agents, the details of any registered trademark agent from whom’ a petition has been obtained to that effect, or from whom the annual fee is pending after 3 months from the date on which it was due.
Similarly, the Registrar will remove the name of any registered trademark agent who is established to have been liable to any of the grounds cited in clauses (i) to (vii) of Rule 145, whom the Registrar has disapproved from being fit to stay in the Register due to their negligence, misbehavior or dishonesty executed in their professional responsibility or whose name has been passed into the register due to an omission, misrepresentation or suppression of material fact.
Given that before formulating such declaration under clauses (b) and (c), the Registrar shall request the individual concerned to show cause why their registration must not be discontinued and shall make such additional inquiry, if any, as may be deemed necessary. The Registrar then withdraws the name of any registered trademark agent who has passed away from the register of trademark agents. The withdrawal of the name from the register of trademark agents is declared in the Journal and will, whenever possible, be conveyed to the individual concerned.
To restore a name in the register of trademark agents, the registrar may, on an application through Form TM-G with the fee, restore the name. Such application must be made within 3yrs from the date of withdrawal of the name, as removed under clause (b) of sub-rule (1) of Rule 151. When the Registrar finds that the application meets all the requirements, they approve the same and restore the name to the register. The restoration is notified in the Journal and conveyed to the individual concerned.
A trademark agent has the right to make changes to their name and address, when necessary. They can apply for such a change through Form TM-G to ensure that their data on the Trademark Agent Register stays up to date. Such alteration can include the name, place of residence, principal place of business, or qualifications provided in the Register. When the Registrar received an application through Form TM-G and the fee prescribed on that behalf, they initiate the essential change. Any changes made in the register of trademark agents are declared in the Journal.
Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148. Alternatively, he/she could be an advocate or member of Institute of Company Secretaries of India.
An application under Form TM-G is rendered in duplicate and sent to or accepted by the Trademark Registry.
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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.
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