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Rema (Advocate)     09 July 2010

Trade Mark Attorney and Trade Mark Agent

1. What is the difference between Trade Mark Attorney and Trade Mark Agent?

2.  Whether a practicing advocate can use the word Trade Mark Attorney without out obtaining seperate approval from Trade Mark Authorities?

3. Who can file Trade Mark Application and appear before the Trade Mark authorities?

Rema



 15 Replies

Basavaraj (Asst, Manager-Legal)     09 July 2010

Dear Rema, your query has already been rectified in pervious therads, please check all theardss.

Rema (Advocate)     09 July 2010

Dear Mr. Basavaraj,

    Answers  in the previous threads are not directly related to Trade mark attornery , it is related to patent attorney.  A part of my questions were partly answered there.  But  I expect a clear clarification please.

Rema

Basavaraj (Asst, Manager-Legal)     10 July 2010

Difference between

 TRADE MARK AGENTS

AND

TRADE MARK ATTORNEYS

 

The TM Act laws permit a person to apply for Trade Mark personally, without a patent attorney or agent, but it is not recommended. The applicant who gets his own trademark usually ends up with a very weak trademark.

There are two classes of professionals qualified to help get trademark registration, trademark attorneys and trademark agents. Both must have taken a course of study in the rules of practice of the patent office, i.e., trademark law.

The difference between a trademark attorney and an agent is that the attorney has graduated from law school and is a member of the bar. Therefore, a patent attorney is able to charge more. Trademark agents' fees may average. For getting trademark registration, attorneys and agents are equal except for cost; but attorneys can negotiate contracts for you and represent you in court, while agents cannot because they are not lawyers.

How does an applicant choose between a Trademark Agent or Trademark Attorney? Experience, Quality and follow ups are key factors in the performance of a Trademark Attorney or Trademark Agent.

A Trademark Agent is registered to practice trademark law before the IPAB of Trademark Office. A Trademark Agent has to has successfully passed the IPAB Trademark Office Exam, or has served for four years or more as a IPAB Trademark examiner before entering private trademark practice. A Trademark Agent specializes in registering trademarks practice before the IPAB Trademark or Trademark Office, and does not enter into the practice of law outside.

A Trademark Attorney is an attorney who is registered to practice trademark law before the IPAB or Trademark Office, and is also registered to practice law in at least one state. To become a Trademark Attorney, the attorney must also successfully pass the IPAB Trademark Law Bar Exam. Many Trademark Attorneys also have a technical engineering degree, or equivalent experience. A Trademark Attorney may also practice law outside of the IPAB or Trademark Office or other Courts in India.

The difference is a technical one. A Trademark Agent may draft and file a trademark application and conduct business with the Indian IPAB or Trademark Office. Once the trademark application has been, the trademark Agent may track the life of the application. The Trademark Attorney may represent the application in court also.

In short, a trademark Agent is a non-lawyer with qualifications in the trademark arena, and a Trademark Attorney is a lawyer with qualifications in the trademark arena.

Yours truly

BASAVARAJ.R

Executive-Legal Department

Rema (Advocate)     10 July 2010

Thank you.  The anwer is good. But  I am adding a line too.  Doubt that   Can a practicing (Trade Mark) lawyer  uses the word Advocate & Trade Mark Attoney when he is not having seperate role number with Trade Mark Registery?

Rema

Basavaraj (Asst, Manager-Legal)     12 July 2010

Yes

Rema (Advocate)     12 July 2010

That means  a Trade Mark practicing lawyer can put the name Advocate & Trade Mark Attorney, though he is not seperately enrolled as Trade Mark Attoreny with Registrar of trade Marks. Am I right?.

Basavaraj (Asst, Manager-Legal)     14 July 2010

Madam !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

yes

Rema (Advocate)     15 July 2010

Thank...........................................s.      To me now only the answer is completed. Again thanks

Rema

Rema (Advocate)     01 August 2010

Will you please go through the provision of enrolement as Attorney for advocates and please confirm  whether  the Regisrar accepts Advocates application for enrolement as attorney and allot attorney code.   If so what is the annual fee etc.?. 

Rema

Basavaraj (Asst, Manager-Legal)     02 August 2010

Dear Rema,

please feel free to contact on 09790760741 his name is Mr.Ramaswamy.

Take an appointment and tell him my name and ask your all doubts as i am busy with otherworks nowadyas.

P.C. Joshi (service)     31 July 2011

Dear Basavaraj,

Very interesting discussion is going on here.  

I am a practising Company Secretary having a law degree but not enrolled as an advocate. I want to enter into providing trade mark, copy right and patent services. As a company secretary I am authorised to act as a trade mark agent. What else I have to do if I want to act in this areas is there any registration required with IPR Authorities in addition to certifcate of practice I have obtained from the Institute of Company Secretaries of India. If yes what is the procedure and fee. can you enlighten me.

 

Thanks & Regards

 

P.C. Joshi

 

naina Kripalani (marketing head)     16 March 2012

I would like to know the exact date of Trade mark agent examination and the study material if available

Naina Kripalani

Kiran (IPR Expert)     15 April 2012

Trademark Agent and Trademark Attorney ..calrifications and discussions are always on :-)

 

A Trademark Attorney need not give the trademark agent exam to be enrolled with the Trademark Registry to submit applcaitions on other people's behalf.

Non-lawyers do have to give the agent examination.

About the agent exam, well last year (2011) I think they didn't have any..hopefully they are planning one this year.

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Trademark Registration in India is advised to prevent loss of business and litigation later on.

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satya (company secratary)     15 December 2014

I am a  practicing CS and LLB. How can I get trademark agent no.

Thanks and regards.


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