Trademark Agent Examination-Eligibility

How a person can become an Indian Trademark Attorney.

1. Eligible by acquiring professional qualification to practice before the Trade Mark Registry of India

2. Passing 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.

Who can act as a Trademark Agent according to Section 145 of the Trade Marks Act 1999: a person duly authorized in the prescribed manner, who is -

1. A legal practitioner, or

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

3. 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.

Registration of trademarks Agent

Sec-148. Register of trademarks agents.- The Registrar of trademarks shall maintain a register of trademarks 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 trademarks agent.

Sec-149. Registration of existing registered trademarks agents, code of conduct etc. - (1) notwithstanding anything in rule 150, and every person whose name has been entered in the register of trademarks 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 trademarks agent authorizing them to act as such.

Sec-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-

1. is a citizen of India;

2. is not less than 21 years of age;

3. 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

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

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

Note : 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.

Note: The newly constituted Trade Marks Agents Examination Board has decided to hold the Trade Marks Agent Examination in the 3rd week of June, 2010.