Trademark attorneys provide legal counsel on a variety of topics, including trademark adoption and selection, trademark opposition management, and application submission. An expert in topics pertaining to trademark laws, designs, and practices is a trademark attorney. In the areas of trademark law and other IPR, or intellectual property right law, he offers legal counsel and support. He is an individual with extensive knowledge of the trademark laws.
In order to practice before the Intellectual Property Appellate Board, the trademark attorney needs to be registered. A trademark attorney assists a trademark owners or potential holder in every way by providing guidance and legal support. Furthermore, he guarantees that the trademark he is pursuing does not violate any other trademark holder. It is arguable if hiring an attorney is necessary in order to register a trademark, but the case for hiring an attorney is stronger as the matter is weighed. Indeed, it is conceivable for the average person submitting a trademark to do so without hiring an attorney, particularly in cases where all the legal requirements are met. Anyone can apply on their own behalf if they wish to register a trademark. By hiring an attorney will make the trademark registration process easier when practicality is taken into account. Applying for a trademark requires following specific steps.
- An application has been submitted.
- A thorough search of the entire India database is conducted to find any registered trademarks that are comparable.
- It takes the Trademark Office over two years to evaluate an application for a trademark and publish it in the Journal of Trademarks.
- If a party files a similar trademark, opposition must be addressed by pursuing legal action and demonstrating the uniqueness of the submitted trademark.
- The Office/Court grants the trademark only in the event that the case is won.
Obtaining a trademark involves a lengthy and involved process. It’s usually a laborious process, therefore hiring an attorney serves the right goal.
Why should one be appointed as an attorney?
- The hiring for an attorney is essential because, should a trademark be objected to, only legal counsel is equipped to defend the proposed trademark in order to approve the registration, find a solution.
- Second, retaining legal counsel always results in favorable outcomes thereafter. 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. Hiring an attorney to complete some chores, such trademark renewals every 10 years and so on, would save additional time.
- He will relieve his customer of the load, so the client won’t have to perform every task on their own.
Both trademark attorneys and trademark agents are qualified to handle the process of filing a trademark. Unlike trademark attorneys, trademark agents are not lawyers. A trademark attorney, on the other hand, has greater experience, is a certified lawyer, practices outside the IPAB Trademarks Office as well, and can practice trademark law only after meeting certain requirements set down by the IPAB. This gives them an advantage over the agents. Anyone filing for a trademark who is also an attorney can avoid hiring a trademark attorney since they may be well-versed in the laws necessary to file a trademark. He’s got the money to get by without an attorney. But it’s advisable to engage an experienced trademark attorney, someone who can give the average person legal guidance even if they don’t comprehend the law. In addition, following consultation, a trademark lawyer can be helpful in providing accurate legal information.
The Application Process and Eligibility Criteria
All applications made in accordance with TM-G regulations are submitted in triplicate and accepted or sent to the Trade Marks Registry office whose territorial jurisdiction includes the applicant’s principal place of business. Upon receiving an application for registration as a registered trademark an agent, the Registrar will provide a date for the hopeful to appear for an examination in trademark Law and practice, if the applicant meets the necessary requirements. The Registrar publishes the examination’s competent marks.
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- Qualifications: In accordance with Rule 145’s requirements, a person is eligible to be became registered as a trademarks agent if they are an Indian citizen, over 21 years of years of age, graduated from any Indian institution, hold an equivalent degree and have passed Rule 148’s examination, or are an advocate as defined by the Advocates Act, 1961, or a member of the Institution of Secretaries of Companies of India. The Registrar will also consider these individuals to be fit candidates for trademark agent registration.
- The registration certificate: The prospect will be enrolled as a registered agent if the Registrar determines that the applicant is qualified under Rule 144 to be registered as a trademark agent. The Registrar will enroll an applicant as a trademark registered agent upon payment of the required fee and will provide an authorization to the individual if they are found competent according to Rule 144 regarding registration for a trademark agent. The registration will remain in effect until the conclusion of the registration’s year of operation.
- The agent’s name is taken from the registration: Any trademark registered agent from whom a petition to that effect has been acquired, or from whom the yearly fee is still outstanding three months after the date it was due, must have their details removed from the public registry of trademark agents by the Registrar.
Similarly, if it is determined that a registered trademark agent was liable for any of the reasons listed in provisions (i) to (vii) of Rule 145, the Registration Authority will remove their name from the Register. The Registrar has declared an individual unfit to be on the Register based on their professional misconduct, negligence, or dishonesty, or if their name was entered into the Register as a result of an omission, misrepresentation, or fabrication of material facts.
Considering that the Registrar will first ask the party in question to provide justification for why their registration shouldn’t be canceled and will conduct any further investigation that may be deemed necessary before drafting the declaration required by clauses (b) and (c). Subsequently, the name of any deceased registered trademark agent is removed from the trademark agent registry by the Registrar. The name is removed from the trademark agent registry and is published in the Journal. The affected person is notified as soon as it is feasible.
- Restoring Removed Names: A registrar may request the restoration of a name through Form TM-G and associated fees in order to reinstate that name into the register of trademarks agents. Such an application, as removed by subsection (b) of subsection (1) of rule of Rule 151, must be submitted within three years after the date of the name withdrawal. The Registrar approves the application and adds the name back to the registry after determining that it satisfies all conditions. The person in question is informed of the restoration and it is recorded in the Journal.
- Modifications made to the Trademark Agents Register: When necessary, a trademark agent is free to update their name and address. To guarantee that the information about them is kept current on the Trademark Agents Register, they can petition for such a change using Form TM-G. Names, residences, major places of business, and qualifications listed in the Register are examples of such modifications. The crucial modification is started by the Registrar upon receiving an application via Forms TM-G and the required fee in that regard. Any modifications to the trademark agent registry are published in the Journal.
These are the steps you must take in order to become a registered trademark attorney in India.
- Obtain a degree in bachelor’s. You need to have earned the degree of Bachelor of Laws, or LLB degree from a reputable Indian university.
- Pass the Bar Examination: To be able to practice law in India, you must pass the Bar Council for India’s Bar Exam after earning your LLB.
- Get expertise: It is necessary for you to obtain real-world experience in the area of the intellectual property law, specifically with trademarks. You can work with a legal firm, a trademark attorney, or the company’s legal department.
- Finish the Trademark Course: Specialized courses in the area of trademark law are offered by numerous organizations and legal schools. To get comprehensive understanding and expertise in trademark law, sign up for these courses.
- Become a Trademark Agent: To become a trademark agent in India, you must register through the Controller General for Patents, Designs, and Trademarks. You must pass the Controller General’s qualification exam in order to work as a registered trademark agent.
- Hire a Trademark Attorney: You can open your own practice or seek for a position at a trademark legal firm once you have the required training and experience.
Seek Guidance From Professionals: Combining education, experience, and real-world skills is necessary to become a trademark attorney. A group of knowledgeable trademarks attorneys who can assist you acquire the abilities and information required to be successful in this industry while guiding you through the trademark attorney certification procedure.