Monday, April 13, 2020

Role of Trademark agent in Trademark in India ?

Role of Trademark agent in Trademark in India 
Trademark Certificate holder enables trademark owner's to establish their right to the mark or brand or trademark  in the court of law. Registered trademark holder also discourage piracy and prevents from use of same or similar packing,  packaging, insignia, phrase, series of words, device, brand, heading, label, ticket, name, signature, word, tagline, letter, sound, a voucher, or on the product from being registered by other business owner's or entrepreneur's. You can conduct a Trademark Search, International Trademark Search, Public Search, Trademark Journal, find domain registration details, domain registration database, Check Company Name at Ministry of Corporate Affairs, in India for company already registered or Company pending for registration, Local Search, Internet based data search, also search other data bases, there are several trademark attorney or Trademark agents in India to conduct trademark search for you to check if your brand name conflict with Registered Trademark or pending trademarks. In India, you could get a ™ same day, but generally it takes up to 6 to 8 months without objection from the Registrar of Trademark or Opposition from any third party for it to be registered, so that you can use the ® symbol. Once you apply trademark Application online or offline a money receipt allotted by the Trademark Registry. You are now advised to write ™ on the Right Hand top corner inside the Circle prominently but don’t mark ® till you receive the Registration Certificate/s.

A trademark the most precious Intangible Asset. Selection of a good Trademark will distinguishes the goods & services from the other's. A poor trademark may lead to Trademark infringement and dull your efforts. However, selecting a strong trademark plays a vital role to get Trademark Registration certificate 6 to 8 months without objection from the Registrar of Trademark or Opposition from any third party.

Always  prefer Fanciful or Arbitrary trademarks


  • Fanciful Marks (Mark that have no relation to the goods being described (e.g, "ANGIRA" for Ear Phones in class 9).

  • Arbitrary Marks (Mark that have no meaning to the goods being described (e.g., APPLE for Mobile Phones in class 9).

Role of Trademark attorney or Trademark Agent

Trademark attorney and Trademark agents in India are the professionals who offer different types of services from selecting trademark to getting registered for and to enforce trademark that is selected, so that it does not get infringed by others.

Several trademark get rejected each month due to selection of weak trademark. It is advisable to hire a licensed and reputed Trademark attorney and Trademark agents in India, who can to conduct trademark search for you to check if your brand name conflict with Registered Trademark or pending trademarks. In India, you could get a ™ same day, but generally it takes up to 6 to 8 months without objection from the Registrar of Trademark or Opposition from any third party for it to be registered.

To become a trademark attorney or agent in India?
Presently there are two ways for the individuals available at  Indian Trademark Registry or intellectual property registry in India

  1. Eligible criteria is through professional qualification for practicing before Trade Mark Registry.

  1. Qualifying examination conducted by Indian Trademark Registry or intellectual property registry in India to become a Trademark agent in India.
Qualification criteria is prescribed under Trademarks Act of 1999 and Trademark Rules of 2017.

There is a exceptions to above if advocates having enrolled under Advocates Act and the qualified Company Secretaries having qualified the exam conduct by Company Secretaries are licensed to represent the clients before Trademarks Registry, without having appeared in Trademark Agent examination conducted by Indian Trademark Registry or intellectual property registry in India.

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