(on the letter head or send in
the mail)
Additional Secretary to the Government,
Ministry of Commerce and Inustry,
Department of Industrial Policy and Promotion,
Udyog Bhawan, New Delhi – 110011
Sub.:
Objections/suggestions to the proposed Trademark Rules, 2015 dated 17th
November, 2015.
Dear Sir/Madam,
This
is in reference to the draft Trademark Rules, 2015 (“Draft Rules”), published by the Government of India and as shown
on the website of Registrar of Patents and Trademark we would like to submit
certain suggestions/observation to the said draft rules before your good
office.
We
are practicing as Company Secretaries and undertake the assignments for
registration of trademarks on behalf of Public at Large. We also spread the
knowledge and make people aware about their Intellectual Property Rights.
In
reference to the draft Rules our Objections/Suggestions are as follows:
Rule 147: Exclusion of Company
Secretaries to be qualified as Trademark Agent
We
would like to submit before the Department that Government of India vide Standing
Order bearing No. 1396, dated 23rd March, 1985 (w.e.f. 6th
April, 1985) substituted Rule 148(iii) of the Trade and Merchandise Marks
Rules, 1959, and inserted the provision that a Member of the Institute of
Company Secretaries of India is also qualified to be registered as a trade
marks agents.
Whereas,
Rule 150 of the Trade Marks Rules, 2002, carried the same provisions and provides
as follows:
“150. Qualifications 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.”
However, in the proposed Rules the Member of
the Institute of Company Secretaries of India are excluded from the provisions
of qualification of Trademark Agents. Rule 147 of the Draft Rules provides as
follows:
“147.
Qualifications for registration:
Subject to the provisions of rule 148, 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) is a graduate of any university in India
or possesses an equivalent qualification and has passed the examination
prescribed in rule 151 or is an Advocate within the meaning of the Advocates
Act,1961 (25 of 1961);
(iv) is considered by the Registrar as a fit
and proper person to be registered as a trade mark agent.”
The members of the Institute of Company Secretaries of
India (“the ICSI”) are actively
participating in the various fields of law very effectively and are being
recognized by the Government of India and public at large as efficient legal
representatives before legal authorities such as:
(i)
Company Law Board.
(ii)
National Company Law Tribunal.
(iii)
Competition Commission of India &
Competition
(iv)
Appellate Tribunal.
(v)
Securities Appellate Tribunal.
(vi)
Registrar of Companies.
(vii)
Consumer Forums.
(viii)
Telecom Disputes Settlement and
Appellate Tribunal.
(ix)
Tax Authorities.
Company
Secretaries are well efficient to handle Trademark registration and
representation before the Trademark Authority. Since, 1985, after getting recognition by the
Government of India are actively participating for Trademark Registration and
providing services to the public at large.
Our Recommendation:
We
request your good office to include the Company Secretaries within the ambit of
Rule 147(iii) to provide better Trademark Registration services to the public
at large.
We
do hereby submit our observation/recommendation on the Draft Rules for your
kind perusal. We shall be glad to provide any other detail as required by your
good office.
Thanks
and Regards
For
..(Name of Firm)….
Signature
Date:
Place:
