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Rohit Shrivastava (Manager)     03 November 2009

Trademark Agent

Hi Friends,

I am a law graduate and want to become a registered "Trademark Agent".

I guess I don't need to take "Trademark Agent Exam" because I am a law graduate.

Can Somebody tell me the procedure of registering myself as a Trademark Agent?

 



Learning

 14 Replies

Asgarali Attarwala (Advocate)     03 November 2009

Dear Rohit

I believe you have to file the necessary form with the requisite fee and become and agent. You dont really need to require to give exam for becomeing an agent.  This is what i got to know from the TM offie while enquiry on the same subject.  The details on  the form you can get from the latest trade mark rules, 2000.

regards

advocate asgarali attarwala

 

1 Like

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     04 November 2009

Dear Rohit,

Legal practitioners are recognised as agents by trade marks act.  However you need to send your details with prescribed fee to the trade marks registry to register your name and represent before the registry as trade marks agent.

1 Like

Rohit Shrivastava (Manager)     04 November 2009

Thanks a lot, SIr & Madam!!!!!!

But there are still some confusion.

Is there any specific format/ form is prescribed? If yes, Is this form available online?

If I want to register myself as a Trademark Agent in Chennai & Mumbai, then what is the prescribed fees?

Regards, Rohit Shrivastava

 

chinnaraja gurusamy naidu (partner/solicitor M/s. Hindu associates)     07 November 2009

from your message it is clear you are an advocate, under trademark act either a pleader or a trademark agent can move for registration. There is no need to get any seperate licence or registration for practising as trade mark agent. presently TMO are issuing photo identity card, better you may approach the TM registery of your zone to get  photo identity card

Asgarali Attarwala (Advocate)     09 November 2009

Dear Rohit,

From the Trade Mark Rules, 2000 it is Form TMA-1 that you need to file with the Registrar of Trade Mark along with a certificate from the District Magistrate of the District where the applicant ordinarily resides. and other documents required should be attested by a Judicial Magistrate or Notary Public and State the name of the place of the appropriates office of the Trade Marks Registry.  The fee what is prescribed in the book is Rs. 1000/-. 

For my knowledge when is that they have started issuing idendity card and is there any fixed date and time within which we have to apply.

Regards

Advocate Asgarali Attarwala

 

 

 

 

Priyanka Behal (Lawyer)     22 December 2009

you don't need to get register seprately. An advocate can appear before any court or tribunal.

Prasad Patwardhan (Techno-Legal professional)     12 April 2010

Originally posted by :Asgarali Attarwala
" Dear Rohit,
From the Trade Mark Rules, 2000 it is Form TMA-1 that you need to file with the Registrar of Trade Mark along with a certificate from the District Magistrate of the District where the applicant ordinarily resides. and other documents required should be attested by a Judicial Magistrate or Notary Public and State the name of the place of the appropriates office of the Trade Marks Registry.  The fee what is prescribed in the book is Rs. 1000/-. 
For my knowledge when is that they have started issuing idendity card and is there any fixed date and time within which we have to apply.
Regards
Advocate Asgarali Attarwala
 
 
 
 
"

Prasad Patwardhan (Techno-Legal professional)     12 April 2010

Pls ignore the the posting just previous to this, as tghere seem to be some portal error.

My question is are there any ref books available for preparing for Trademark Agent exam

shruti deshpande (abc)     14 April 2010

i am a law graduate and i reside at aurangabad maharashtra. is there any future (work) to a trademark and patent agent in aurangabad? if yes, can you guide me how? is there any person practicing the same from aurangabad?

shruti deshpande (abc)     14 April 2010

is there any work for a lawyer online? can you enlighten the path? some sites or some persons accepting such work?

Vedika (Executive)     26 April 2010

Can anyone please suggest me , what books needs to be reffered for the Examination. My exam for Trade Mark Registration is to be held on June 2010..

 

Thanks in Advance

Preet (secretary)     08 June 2010

Very useful comments here. I heard being a trademark lawyer earns a lot.

Cheers,

Patent Attorney

Basavaraj (Asst, Manager-Legal)     09 June 2010

Mr.Rohit Shrivastava &

Madam UMA DEVI MADASANI

Practicing as an India Trademark Attorney is a lucrative job. About 1.5 million trademarks on record either as pending applications or granted trademarks in the Indian Trademark Database maintained by the Trade Mark Registry of India.

There are two ways to become an India Trademark Attorney. One being eligible by professional qualification to practice before the Trade Mark Registry of India or pasing the qualifying examination conducted for becoming a Trade Mark Agent. The Trademarks Registry conduct an examination to admit persons to become Trademark Agents entitled to practice before the Trademarks Registry. The qualification for becoming a Trademark Agent is prescribed in the Trademarks Act 1999 and the Trademark Rules 2002. In addition Advocates who are enrolled under the Advocates Act and Company Secretaries who have passed the examination conducted by the Institute of Company Secretaries of India and are licensed to practice as Company Secretary are entitled to represent their clients before the Trademarks Registry without the need for appearing in the Trademark Agent examination.

S. 145 of the Trade Marks Act 1999 provides as to who can act as a Trademark Agent and is extracted below.
S. 145. Agents .- Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorized in the prescribed manner, who is -

a.      a legal practitioner, or

b.      a person registered in the prescribed manner as a trade marks agent, or

c.      a person in the sole and regular employment of the principal.

The authorization of an agent for the purpose of section 145 is to be executed in form TM-48. When there is a proper authorization, service of any document relating to the proceeding upon the agent is deemed to be service upon the applicant for trademark. The duly authorized agent is entitled to perform any act required to be done before the Registrar on behalf of his client, except the making of an affidavit. Thus it has been held that an agent of India Trademark Attorney is entitled to enter into a compromise, acting in a bona fide manner, unless there are express directions to the contrary.

REGISTRATION OF TRADE MARKS AGENTS

148. Register of trade marks agents.- The Registrar of trade marks shall maintain a register of trade marks agents wherein shall be entered the name, address of the place of residence, address of the principal place of business, the nationality, qualifications and date of registration of every registered trade marks agent.

149. Registration of existing registered trade marks agents, code of conduct etc.- (1) Notwithstanding anything in rule 150, every person whose name has been entered in the register of trade marks agents maintained under the old law shall be deemed to be registered as a trade marks agent under these rules.

(2) The Registrar may publish in the Journal a code of conduct for registered trade marks agent authorising them to act as such.

150. Qualification for registration .- Subject to the provisions of rule 151, a person shall be qualified to be registered as a trade marks agent if he-

        i.            is a citizen of India;

       ii.            is not less than 21 years of age;

     iii.            has passed the examination prescribed in rule 154 or is an Advocate within the meaning of the Advocates Act, 1961 (25 of 1961), or is a Member of the Institute of Company Secretaries of India;

    iv.            is a graduate of any university in India or possess an equivalent qualification; and

      v.            is considered by the Registrar as a fit and proper person to be registered as a trade mark agent.

Being a India Trademark Attorney is both a demanding and rewarding profession.

Regards

Basavaraj.R

Senior Executive-Legal

Bangalore

wilfred (scm)     16 June 2014

i would like to become a trademark agent but i am not a law graduate.

where i should study to become a trademark agent 

what is the eligibility to study?


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