In a previous post, we discussed how to be a patent agent in India. This post will explore another avenue of a career in intellectual property law- becoming a trademark agent in India.
A trademark is a sign, design, or expression in the form of a name, word, logo, etc. Particularly, it is used to distinguish between the products/services of two or more different parties. The primary use of a trademark is to maintain the unique identity of the products or services.
Now, trademark registration, at times, can be a complex procedure, and it is here where trademark agents come to the rescue.
Who is Trademark Agent?
A Trademark agent specializes in trademark matters. Trademark agents are supposed to have extensive knowledge about trademarks. They should be adept at the registration and protection of trademarks as well as the deterrence of the use of fraudulent marks. A Trademark Agent deals with all the possible legal aspects of a brand, from its registration to appearing in court cases relating to the trademark.
The primary duties of a trademark agent in India are:
i) Helping companies select a new trademark for their businesses.
ii) Conducting trademark search to ensure that the chosen trademark has not been already registered.
iii) Assisting in drafting and filing trademark applications for registering new trademarks and providing legal support for the same.
iv) Communicate with the Indian trademark registry on behalf of the clients for the registration procedures.
v) Ensure the application has been duly registered with the appropriate trademark office.
vi) In the event of infringement or violation of the trademark, the trademark agent protects their client’s interests by sending a cease and desist letter.
How does one become a trademark agent in India?
One can become a trademark agent by passing the qualifying examination, i.e., the Trademark Agent Examination conducted by the Trademark Registry under the Trade Marks Act 1999.
Who can apply?
Any person who:
He is a citizen of India and has completed the age of 21.
Has graduated from any recognized university in India or possesses an equivalent qualification.
How to apply?
Applications should be made on the prescribed form, namely Form TM-A. The application should be submitted in triplicate, accompanied by a prescribed fee.
How is the exam held?
The eligible candidates shall be called for a written examination followed by an interview held at the centers where the appropriate trademark registry office is situated. The written test is valued at 150 marks, while the interview is valued at 5s.
The written examination and interview will be on Trademark Laws and Practices. The questions will be based on the Trade Marks Act and Rules, including problem-solving and drafting skills based on the Acts and Rules.
The Registrar will then publish the names of those qualified in the examination in the Register of Trademark Agents along with the address of a place of residence, an address of the principal place of business, nationality, qualifications, and date of registration. The Registrar may publish a code of conduct for registered Trademark Agents authorizing them to act as such in the Journal.
Disqualifications to being a trademark agent
The following persons are barred from being registered as trademark agents in India:
i) Any person adjudged to be of unsound mind by a competent court.
ii) Any person who is an undischarged insolvent.
iii) Any person, being a discharged solvent, has failed to obtain from the court a certificate to the effect that their insolvency was caused by misfortune without any misconduct on their part.
iv) Any person who a competent court has convicted, whether in India or outside India, of an offense punishable with transportation or imprisonment, unless the offense for which he has been convicted has been pardoned or unless on an application made by him, the Central Government by order in this behalf has removed the disability.
v) Any person, being a legal practitioner, has been guilty of professional misconduct by any High Court in India or by any Court beyond the limits of India.
vi) Any person, being a chartered accountant, has been guilty of negligence or misconduct by a High Court.
vii) Any person, being a registered trademark agent, has been held guilty of professional misconduct by the Registrar.