Upgrad LLM

trade mark attorney and trade mark agent

Advocate

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

 
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Asst, Manager-Legal

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

 
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Advocate

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

 
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Asst, Manager-Legal

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

 
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Advocate

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

 
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Asst, Manager-Legal

Yes

 
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Advocate

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?.

 
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Asst, Manager-Legal

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

yes

 
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Advocate

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

Rema

 
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Advocate

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

 
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