Trademark registration trademark Attorney in India
Introduction
Introduction
A trademark attorney is deemed to be a legal individual, who provides useful advice about the various legal characteristics of filing new trademark applications, opposition applications, granting trademarks, and more. For training as a trademark agent, the attorney needs to clear a preliminary examination that is administered by Trademark Registry.
The Registrar of Trademarks keeps a Register containing all details of trademark agents or Trademark Attorney including their name, place of residence, principal place of business, nationality, credentials, and date of registration. All individuals aiming to be registered as a trademark agent or Trademark Attorney must make an application in Form TM-G.
A trademark attorney is someone who has is an expert in matters relating to trademark laws, designs and practices. He provides legal advice and assistance in fields relating to trademark laws and other laws relating to IPR (Intellectual Property Rights). He is a person with a vast knowledge of trademark laws and fights cases with his expertise regarding the topic.
A trademark attorney must be registered to practice before the IPAB (Intellectual Property Appellate Board). A Trademark attorney assists a trademark holder or a potential trademark holder in every way possible by guidance and legal support. He also makes sure that the trademark he is applying for does not infringe with any other trademark holder.
The question whether an attorney is required to file for a trademark registration is debatable but if measured on a weighing scale, the side to appoint an attorney becomes heavier. Yes, it is possible for a common man filing a trademark to not appoint an attorney, especially when all the laws and rules are properly laid down for a trademark to be filed. Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark.
- An application is filed.
- The all India record is searched thoroughly to identify any similar registered trademark.
- The Trademark Office takes about 2 years to consider or grant the applied trademark and post in in the Trademark Journal.
- In case of any opposition from a party claiming a similar trademark, it has to be settled by fighting a case and proving the originality of the filed trademark.
- Only if the case is won, is the trademark granted by the Office/Court.
Applying for a trademark is a big and vast process. It generally is a tiresome process and appointing an attorney suits the purpose.
Trademark Attorneys Services in India :
To serve individuals and business entities established and doing business in diverse fields in locations all around the country, we undertake and perform punctually and responsibly their respective trademark registration with the concerned zonal trademark offices in India. The range of ours trademark attorneys services in India essentially encompasses - all-round and discerning support for creation and selection of the most suitable and visionary trademark, critical and scrupulous trademark searches through domestic and international jurisdictions, well-informed and flawless drafting and secured filing of trademark application at the desired national or international trademark office, prompt and rigorous trademark prosecution, trademark opposition, trademark watch and monitoring for well-rounded trademark protection within the jurisdictions concerned, expert resolution of diverse trademark disputes, and trademark infringement litigation in India and abroad. At international arena, trademark registration and protection well-supported by us with Our International Trademark attorneys. Here, it is noteworthy that, the Indian new Trade Marks Act, 1999, together with all amendments made thereto so far, is of world-standard, and in close conformity with most of the globally recognized trademark treaties and conventions of the world.
To become a trademark attorney in India, you need to follow these steps:
Obtain a Bachelor’s Degree:
You need to obtain a Bachelor’s degree in Law (LLB) from a recognized university in India. The duration of the course is typically 3-5 years.
Pass the Bar Exam:
After completing your LLB, you need to pass the Bar Exam conducted by the Bar Council of India to obtain a license to practice law.
Gain Experience:
You need to gain practical experience in the field of intellectual property law, particularly in trademarks. You can work with a law firm, legal department of a company, or with a trademark attorney.
Complete a Trademark Course:
Many law schools and organizations offer specialized courses in trademark law. You can enroll in these courses to gain in-depth knowledge and skills in trademark law.
Register as a Trademark Agent:
In India, you need to register with the Controller General of Patents, Designs and Trademarks as a trademark agent. To become a registered trademark agent, you need to pass the qualifying examination conducted by the Controller General.
Join a Trademark Law Firm:
Once you have obtained the necessary qualifications and experience, you can apply for a job at a trademark law firm or start your own practice.
Get Help From Experts
Becoming a trademark attorney requires a combination of education, experience, and practical skills. At Vakilsearch, we have a team of experienced trademark attorneys who can guide you through the process of becoming a trademark attorney and help you develop the necessary skills and knowledge to succeed in this field.
Why an attorney should be appointed ?
- If a situation arises when an objection is raised against a filed trademark, an attorney is the only qualified person to argue the matter and settle it so that the registration is granted making the appointing of an attorney important.
- Secondly, having an attorney appointed always has a good result in future. In the unforeseen circumstances of the death of the person who filed for the trademark, the attorney can act as a legal representative of the dead with the consent of the deceased person’s legal heir. There are jobs like renewing the Trademark every 10 years and such which if left to the attorney will save more time.
- He will take the burden off the shoulders of his client and the client does not have to do every job personally.
The work of filing a trademark can be either delegated to a Trademark attorney or a trademark agent. A trademark agent is not a lawyer unlike a trademark attorney. He can only practice in trademark laws and that too after fulfilling various conditions of the IPAB whereas a trademark attorney has more knowledge and is a qualified lawyer and practices law outside the IPAB Trademark Office as well and so have an upper edge over the agents.Any person who himself is an attorney and is filing for a trademark can do away with appointing a trademark attorney because he might know his set of laws clearly to be able to file a trademark. He can afford to do away with an attorney. But it is recommended that an expert trademark attorney is appointed who gives legally sound opinions to the layman who has no knowledge about law. Apart from this, a trademark attorney can also be instrumental in giving proper legal knowledge after consultation.
Created & Posted by Sony Garg
Accountant at TAXAJ
TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ
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