How to Become a Trademark Agent in India

A trademark agent or attorney is a qualified legal professional, who advises on all the legal aspects of Trademarks filing, registration, and opposition. To become a trademark agent, it’s mandatory to clear an examination conducted by the Trademarks Registry called the Trademark Agent Exam.

Trademarks are intellectual property assets that act as the source identifier of products and services. They can be words, signs, symbols, colours, designs, logos, phrases or a combination thereof. The primary purpose of a trademark is to help identify the goods and services of one brand and distinguish it from that of another. To ensure that such essential assets of the company remain protected and exclusive for their sole use, it’s vital to secure a trademark protection for the same.

How do You Become a Trademark Agent?

A Trademark Agent in India can assist clients in various matters related to trademark registration. This includes conducting the trademark search, filing of the application and even providing assistance in case of trademark opposition.

Trademark agents provide important information regarding the essentiality of trademark registration, validity and use of the same. Trademark agents are different from trademark attorneys in the sense that Trademark Attorneys are legal practitioners specializing in trademark laws and compliance.

Trademark attorneys help clients not only with trademark registration but can also go on to assist them with the protection of their trademark by handling infringement cases (if any).

Duties of a Trademark Agent:

• Helping clients understand the validity and applicability of trademarks and discussing the different types of trademarks that can be filed under the Trademarks Act.
• Assisting companies select trademarks for their business and conduct a trademark search to ensure availability of the trademark.
• Ensuring that the chosen trademark does not infringe on another’s rights.
• Drafting and filing trademark applications for registering a new trademark.
• Providing legal support and clarifications during the course of registration.
• Checking with the Indian Trademark Registry for updates on the trademark application on behalf of the client.
• Registration of the trademark application with the applicable trademark office.
• Advising on the way forward in case of trademark oppositions.

Who can Become a Trademark Agent

To become a Trademarks agent in India, it’s mandatory to pass the Trademarks exam. The basic qualification to appear in the exam has been prescribed under the Trademarks Act, 1999.

Apart from those who have cleared the Trademarks Agent Exam, the Act (read along with the Trademark Rules, 2002) also allows Advocates (enrolled under the Advocates Act) and Qualified Company Secretaries (member of the ICSI) to represent clients before the Indian Trademarks Registry for trademark registration, and related issues.

Eligibility and Trademarks Agent Exam

The Trademarks Act mandates that individuals who want to apply for the Trademarks Exam needs to have completed 21 years of age, and must have a graduate-level degree from a recognized Indian University.

The exam will be in a written format and will also include a viva interview.

The candidates will be tested on their knowledge of the Indian Trademark Law and Practice.

Once the candidate clears the exam, he or she becomes a qualified trademarks agent and is free to practice across the country.

The trademarks registrar will maintain the list of practising trademarks agents, along with their details of practice.