REGISTRATION OF TRADEMARKS AGENTS

A Trademark Agent is a qualified practitioner who assists both individuals and businesses with registration of trademarks along with its protection and compliance. They serve as an intermediary between applicants of trademarks and the Trade Marks Registry, providing legal and procedural assistance to the applicants to protect the intellectual property rights.

Here is an article that deals with provisions related to the registration of the trademarks agents as provided under the Trade Marks Rules, 2017.

Who can be registered as trademarks agent?

According to Rule 144 of the Trade Marks Rules, any person can register itself as a trademarks agent is he fulfils following criteria-

1. Citizen of India: To register itself as a trademark agent, a person must be citizen of India.
2. Not less than 21 years of age:To register itself as a trademark agent, a person must have attained the age 21 years or above. No person who is below 21 years of age can register itself as a trademark agent.
3. Education: To register itself as a trademark agent, a person must be:
   • A graduate from any Indian university (or equivalent), and must have passed the Trademark Agent Examination, or
   • An advocate under the Advocates Act of 1961,
   • A Company Secretary registered with ICSI.
4. Fit and proper: To register itself as a trademark agent, a person must be considered fit and proper by the trade marks registrar to be registered as trademark agent.

Who cannot be registered as trademarks agent?

According to Rule 145 of the Trade Marks Rules, following persons are not allowed to register as a trademarks agent.

1. Unsound mind: Any person who is declared as a person of unsound mind by any competent court of law cannot be registered as a trademarks agent.
2. Undischarged insolvent: Any person who is an undischarged insolvent cannot be registered as a trademarks agent. An undischarged insolvent is a person who has been declared insolvent by a court but has not yet been granted a discharge from their debts.
3. Discharged insolvent: Any person who has although been discharged from the insolvency, but the court or the appropriate forum has not yet provided a certificate stating that the insolvency was caused by misfortune and not misconduct, cannot be registered as a trade marks agent.
4. Convicted Person: Any person who has been convicted by the court of law for any offence punishable with transportation or imprisonment cannot be registered as a trademark agent unless the convicted person has been pardoned or the central government has removed the said disability by official order.
5. Legal practitioners guilty of professional misconduct:Lawyers/ Advocates who have been held guilty of professional misconduct by any High court in India cannot be registered as trade marks agent.
6. Chartered accountant guilty of professional misconduct:Chartered account who has been held guilty of professional misconduct or negligence by any High Court in India cannot be registered as trade marks agent.
7. Trademarks agent guilty of professional misconduct:Where an already registered trademark agent has been held guilty of misconduct by the Registrar of Trade Marks, he cannot be re-registered as trade marks agent.

Application for registration as trade marks agent

The provision related to the application for registration as a trade marks agent is provided under Rule 147 of the Trade Marks Rules. Accordingly, an application for registration as a trade mark agent shall be made in Form TM-G. The said application must be sent to the office of the Trade Marks Registry under whose territorial jurisdiction the principal place of business of the applicant exists.

As provided under Rule 148 of the Trade Marks Rules, after the application for registration as a trade mark agent is made, the applicant seeking to register itself as a trade mark agentis required to pass the examination in trade marks law and practice conducted by the Registrar of Trade Marks.

Certificate of registration as trade marks agent

As per Rule 149 of the Trade Marks Rules, once an applicant for trade marks agent qualifies the said examination and pays the prescribed fee to the Trade Marks Registry, he is enrolled as a registered trade marks agent. Thereafter, a certificate in Form RG-4 is issued to the registered trade marks agent.

Conclusion

It can be concluded, a trademark Agent is a qualified practitioner who assists individuals and businesses in registering and protecting intellectual property rights. To register as a trademark agent, a person must be a citizen of India, at least 21 years of age, musteither be a graduate from an Indian university and passed the Trademark Agent Examination, an advocate under the Advocates Act of 1961, or a Company Secretary registered with ICSI. Additionally, they must also be considered fit and proper by the Trade Marks Registrar.

Unsound minds, undischarged insolvents, discharged insolvents, convicted persons, legal practitioners, Chartered accountants, and trademark agents guilty of professional misconduct cannot be registered as trademark agents. An application for registration is made in Form TM-G and sent to the Trade Marks Registry office. Thereafter, after passing the examination and paying the prescribed fee, a certificate in Form RG-4 is issued to the registered trademark agent.