Thursday, 29 June 2017

Trademark Agent - FAQ

FAQ for Trademark Agent

1.      What is the qualification to be a Trademark Agent?

Trademark Act, 1999 and Trademark Rules, 2017 prescribes the Qualification for an individual to become trademark agent India and other than this advocates enrolled under Advocates Act, and the members of the Institute of Company Secretaries of India carrying out the practice as Company Secretary can represent the clients before Trademarks Registry as the Trademark Agent.

However, if the individual is neither a member of Bar Council nor of the ICSI then it is important for the individual to clear a preliminary examination that is conducted once a year by Trademark Registry. This is the trademark agent exam, which when qualified helps the individual to go the next stage of becoming a successful trademark agent.

Minimum age requirement is 21 years.

2.      Can I use my Attorney Code for registration of Trademark?

Attorney Code can only be used by the member of Bar Council or the advocates to file the Trademark Application after the enunciation of Trademark Rules, 2017.

A practicing Company Secretary possessing the Attorney Code before the notification of Trademark Rules, 2017, is no more valid to file a TM Application on behalf of Clients.

3.      Do every practicing Company Secretary require the Agent Code?

Yes. It was also incorporated in the previous Trademark Rules. Whereas, now Deptt. has made it mandatory to get the Agent Code for making the application of TM.

4.      How can practicing Advocate or Company Secretary get the Agent Code?

A practicing Company Secretary/Advocate may apply to the CGPDTM to get registered itself as Trademark Agent.

Requirement are as follows:

1. Form TM-G (from TM website)
2. Registration Fee is Rs. 5,000/- (if paid cash, cheque, DD) or Rs. 4,500/- (if paid online)
3. Annexure to Form G are as follows:
·         Character Certificate not older than 6 month. Character Certificate must be issued by Class 1 gazetted Officer or a practicing Company Secretary may apply to the ICSI for issuance of the same.
·         Self certified and attested copy of Degree (Bar council or CS)
·         Self certified and attested copy of Certificate of Practice duly issued by the Bar Council or ICSI.
·         Self certified and attested copy of Address proof and ID Proof.

Above mentioned document alongwith the TM-G may be submitted at any office of the Trademark Department or maybe submitted online.

5.      Do Class 3 DSC is mandatory?

Yes. For making the online filing Class 3 Digital Signature Certificate is mandatory.

6.      How much time it will take to get registered?

It will take minimum 15 days for the registration depending upon the availability of the document and verification by the Department. It may be lesser or higher too.

7.      Do there is a validity of the Agent Code?

Agent Code if subjected to the payment of the renewal fee to the Department. Registered Trademark Agent is required under Rule 150 to submit fee of Rs. 10,000 (Offline Mode) / 9,000 (Online Mode) for renewal of Agent Code for Five year to be paid on or before 1st day of succeeding financial year.

8.      Can I endorse the Agent Code or transfer?

No. It cannot be endorsed or transferred to any one.

9.      Can I authorize some other person having same qualification to appear before Trademark Department?

           No. Only a Trademark Agent or Attorney can represent and cannot delegate it further.

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