TRADE MARK AGENTS
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.