Trademark attorneys provide clients with legal advice and representation regarding matters pertaining to trademarks, including portfolio management, trademark searches, as filing and prosecuting applications (which includes advising on issues of ownership and selecting suitable goods and services), and right enforcement. Our trademark attorneys can offer guidance on whether a mark is registrable, draft and submit trademark applications, address objections from the Trademark’s Office, represent applicants or opponents of trademarks in contested proceedings prior to the Registrar for Trademarks with other right holders, creates risk management plans for trademark use, and offer advice on infringement matters.
All of our trademark attorneys collaborate with carefully chosen attorneys abroad to guarantee that your trademarks are protected everywhere. This frequently entails hiring a legal professional in a relevant location to file documentation in the Trademark Office within that jurisdiction, as many abroad-based offices do not accept correspondence through a foreign attorney. A trademark attorney is qualified to provide legal advice regarding trademarks because they have completed additional specialized study in the area of intellectual property laws after earning their tertiary degree. Anybody who wants to register as a Trademark Attorney or Agent must submit an application using Form TM-G. Trademark attorneys do not always hold legal status unless they have completed additional legal coursework or met the necessary prerequisites. A trademark attorney is a specialist in matters relating to trademark law, designs, and practices. In the areas of trademark law and other their intellectual property rights, or IPR law, he offers legal counsel and support. To practice before the Intellectual Property Appellate Board, a trademark attorney needs to be registered. Through advice and legal support, a trademark attorney helps a trademark owner or prospective holder in every manner. He is an individual with extensive knowledge of the trademark laws and uses this information to win disputes.
According to Trade Marks Act 1994, s.84, it is illegal for anybody to use the title “Registered Trade Mark Attorney” or “Registered Trade Mark Agent” if they are not listed on the trademark attorney register. However, there is no legal protection for the terms “trade mark attorney” or “trade mark agent,” thus anyone can use them. If you look for an attorney online, you can find out if they are regulated. In addition to being registered trademark attorneys, several attorneys can also help you with trademark concerns from the start or make sure someone from the Legal Raasta’s specialized Trademarks team will helps you.
Though it is disputed, hiring an attorney is strongly recommended when registering a trademark because, when weighed, the benefits outweigh the costs. In fact, it is possible for ordinary individuals who are filing a trademark to accomplish so without retaining legal counsel, especially if all the legal conditions are satisfied. Anyone who wants to register a registered trademark may do so on their own behalf. But hiring an attorney will make the trademark registration process easier when practicality is taken into account. Applying for a trademark requires following specific steps.
- A request for information is made.
- To locate any similar registered trademarks, a comprehensive search of the complete India database is done.
- The application of a trademark is evaluated by the Trademark Office and published in the Journal for Trademarks after more than two years.
- Opposition to a party filing a similar trademark must be met by litigation and proof of the submitted trademark’s originality.
- Only in the event of a victory in court does the Office/Court grant the trademark.
Obtaining a trademark involves a lengthy and involved process. Since it’s typically a time-consuming process, obtaining legal counsel is a wise move.
Following actions in order to qualify as an authorized trademark attorney in India
- Get a Bachelor’s Degree: You must graduate from an Indian university that has been accredited with a Bachelor of Laws (LLB). The course lasts for three to five years on average.
- Clear the Bar Exam: To be eligible to practice law after receiving your LLB, you must pass the Bar Association of India’s Bar Exam.
- Acquire Experience: You must obtain hands-on knowledge in the area of the intellectual property law, specifically with regard to trademarks. You can collaborate with the company’s legal department, a trademark attorney, or a law firm.
- Finish a Trademark Course: Specialized trademark law courses are offered by numerous organizations and legal institutions. Enroll in these courses to gain thorough knowledge and proficiency in trademark law.
- Become a Trademark Agent: To become a trademark agent in India, you must register through the General Controller of Patents, Designs, and Trademarks. To become a registered trademark agent, you have to pass the Controller’s General’s qualification exam.
- Hire a Trademark Attorney: You can open your own practice or seek for a position at the trademark law firm once you have the required training and experience.
- Seek Advice From Experts: Becoming a trademark attorney requires a combination of education, experience, and practical abilities. Our staff of knowledgeable trademark attorneys can help you acquire the abilities and know-how required to be successful in this industry by guiding you through the trademark attorney certification procedure.
A trademark lawyer’s assistance is necessary for a number of reasons.
- Intellectual Property Law Expertise: Since trademark attorneys focus on this area of law, they are well-versed in the procedures involved in registering, maintaining, and granting licenses for trademarks.
- Actions around Complex Legal Procedures: A trademark attorney could guide you through the many legal nuances or potential problems that surround trademark licensing.
- Drafts Tight License Agreements: A trademark attorney would make sure that all licensing agreements are properly written and safeguard the rights of both the licensee and the owner of the trademark.
- Enforces Trademark Rights: A trademark attorney will assist in defending the trademark owner and bringing legal action in cases of infringement of trademarks or misuse.
Why should you appoint an attorney?
- The appointment of an attorney is crucial because in the event that an objection is made against a submitted trademark, only an attorney is qualified to fight the case and resolve it in such a way that the registration can be accepted.
- Second, hiring legal advice invariably has positive consequences in the end. With permission from the deceased person’s legal heir, the lawyer may act as the deceased person’s legal representative in the event of the unanticipated death of the trademark filer. Certain tasks, such as trademark renewals every ten years and so forth, would save more time if handled by an attorney.
- He will take up the workload for his client, sparing them from having to do every assignment by themselves.
What distinguishes a trademark agent from a trademark attorney?
One way to think of a trademark agent is as a qualified individual who has been granted permission to help with trademark filing and registration. A trademark attorney, on the other hand, is a qualified legal professional with a focus on trademark law who can offer thorough legal counsel.
Who might work as an agent?
- A trademark agent may be anyone over the age of 21, graduated of any Indian institution, or someone with a comparable background. The person in question must also pass the test mandated by Rule 148.
- An attorney or member of the Institute of Corporate Secretaries of India may also function as an agent.
How to Change the Legal Counsel?
If the applicant wants to change their trademark agent or attorney, they need submit a Form TM-P to the trademarks office in order to formalize the change. In India, this is commonly known as the request to change the address for service. A Power of Attorney is one of the information and records required for a change of legal counsel or trademark agent. It is necessary to submit a digital scan of the POA in the new attorney’s or trademark agent’s name. The owner of the trademark’s authorized signatory must sign the same document. It is not necessary to legalize, notarize, or apostille the power of attorney.
Advantages of Employing a Trademark Attorney.
- Expertise and expertise: Specialized knowledge and expertise in trademark law are possessed by trademark attorneys. Their constant awareness of the most recent advancements, rules, and legal precedents guarantees that a trademark rights are completely safeguarded.
- Easy Registration Process: There are several steps and legal requirements involved in trademark registration. A trademark lawyer can expedite the registration procedure and guarantee that all required paperwork is produced and filed on time.
- Trademark searches: To prevent future disputes and legal issues, it is essential to carry out in-depth trademark searches. A trademark lawyer reduces the possibility of trademark infringement problems by having access to extensive databases and the know-how to perform effective searches.
- Trademark Portfolio Development: Effective trademark portfolio management is aided by trademark attorneys for firms. They offer direction on trademark renewal, oversight, and enforcement, guaranteeing that your trademarks continue to be significant assets for your company and remain protected.
- Trademark Infringing Defense: Should you find yourself the victim of infringement of a trademark, a trademark lawyer can help you with strategy and defend your rights in court. They are equipped with the know-how to handle convoluted legal proceedings and defend your brand from unauthorized use.
- International Trademark Protections: A trademark attorney can help you navigate the complexities of international trademark safeguarding if you intend to grow your company abroad. They can help you secure trademark rights in multiple countries, ensuring full international protection for your brand.