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All about Trademark Agent for Trademark Registration in India

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Register of trademark agents

The Registrar of Trademarks shall maintain a Register of trademark agents wherein shall be entered the name, address of the place of residence, address of the principal place of business, the nationality, qualifications and date of registration of every registered trademark agent.

Registration of existing registered trademark agent, code of conduct, etc.

trademark agent

1) Notwithstanding anything contained in rule 144, every person whose name has been entered in the register of trademark agents maintained under the old law shall be deemed to be registered as a trademark agent under these rules.

(2) The Registrar may publish in the Journal a code of conduct for the registered trademark agent authorizing them to act as such.

Qualifications for registration

Subject to the provisions of rule 145, a person shall be qualified to be registered as a trademark agent if he-

(1) Is a citizen of India,

(2) Is not less than 21 years of age.

(3) Is a graduate of any university in India or possesses an equivalent qualification and has passed the examination prescribed in rule 148 or is an Advocate within the meaning of the Advocates Act, 1961 (25 of 1961) or is a member of the Institute of Company Secretaries of India.

(iv) Is considered by the Registrar as a fit and proper person to be registered as a trademark agent.

Persons debarred from registration

A person shall not be eligible for registration as a trademark agent if he-

(i) Has been adjudged by a competent Court to be of unsound mind.

(ii) is an undischarged insolvent;

(iii) Being a discharged insolvent has not obtained from the court or the appropriate forum as the case may, a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;

(iv) has been convicted by a competent court or the appropriate forum as the case may, whether within or outside India of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government by order in this behalf, has removed the disability:

(v) Being a legal practitioner has been held guilty of professional misconduct by any High Court in India, (VI) being a chartered accountant, has been held guilty of negligence or misconduct by a High Court; or

 (vi) being a registered trademark agent has been held guilty of professional misconduct by the Registrar

Manner of making application

All applications under the provisions of this Part shall be made in duplicate and shall be sent to or submitted at that office of the Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situate.

Application for registration as a trademark agent

1) Every person desiring to be registered as a trademark agent shall make an application in Form TM-G.

2) The applicant shall furnish such further information hearing on his application as may be required of him at any time by the Registrar.

Procedure on application and qualifying requirements

On receipt of an application for the registration of a person as a trademark agent, the Registrar, if satisfied that the applicant fulfills the prescribed qualifications, shall appoint a date in due course on which the candidate will appear for examination in Trade Marks Law and practice. The qualifying marks for the examination shall be as advertised by the Registrar.

Certificate of registration

If the Registrar considers the applicant eligible and qualified under rule 144 for registration as a trademark agent, he shall enroll the candidate as a registered trademark agent after payment of prescribed fee and shall issue a certificate in Form RG-4 and the registration shall subsist till end of the financial year of the registration.

Continuance of the name in the register of trademark agents

trademark agent

The continuance of a person’s name in the register of trademark agents shall be subject to his payment of the fees prescribed in First Schedule.

Removal of agent’s name from the register of trademark agents

The Registrar shall remove from the register of trademark agents the name of any registered trademark agent-

(a) From whom’ a request has been received to that effect; or

(b) From whom the annual fee has not been received on the expiry of three months from the date on which it became due.

(2) The Registrar shall remove from the register of trademark agents, the name of any registered trademark agent-

  1. a) who is found to have been subject at the time of his registration, or thereafter has become subject, to any of the disabilities stated in clauses (i) to (vii) of rule 145; or
  2. b) Whom the Registrar has declared not to be a fit and proper person to remain in the Register by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity;
  3. c) Whose name has been entered in the register by an error or on account of misrepresentation or suppression of material fact;

Provided that before making such declaration under clauses (b) and (c) the Registrar shall call upon the person concerned to show-cause why his registration should not be cancelled and shall make such further enquiry, if any, as may be consider necessary.

(3) The Registrar shall remove from the register of trademark agents the name of any registered trademark agent who is dead.

(4) The removal of the name of any person from the register of trademark agents shall be notified in the Journal and shall, wherever possible, be communicated to the person concerned.

Power of Registrar to refuse to deal with certain agents

(1) The Registrar may refuse to recognize-

(a) Any individual whose name has been removed from, and not restored to the register;

(b) any person, not being registered as a trademark agent, who in the opinion of the Registrar is engaged wholly or mainly in acting as agent in applying for trademark registration in India or elsewhere in the name or for the benefit of the person by whom he is employed;

(c) any company or firm, if any person whom the Registrar could refuse to recognize as agent in respect of any business under these rules, is acting as a director or manager of the company or is a partner in the firm.

(2) The Registrar shall refuse to recognize as agent in respect of any business under this rule any person who neither resides nor has a place of business in India.

Restoration of removed names

(1) The registrar may, on an application made in Form TM-G with fee as specified in the First Schedule, within three years from the date of removal of the name of a person from the Register of trademark agents, whose name has been removed under clause (b) of sub-rule (1) of rule 151, restore his name to the register of Trademarks agents.

(2) The restoration of a name to the register of trademark agents shall be notified in the Journal and shall be communicated to the person concerned.

Alteration in the register of trademark agents

(1) A registered trademark agent may apply in Form TM-G for alteration of his name, address of the place of residence, address of the principal place of business or qualifications entered in the register of trademark agents. On receipt of such application and the fee prescribed in that behalf, the Registrar shall cause the necessary alteration to be made in the register of trademark agents.

(2) Every alteration made in the register of trademark agents shall be notified in the Journal.

Publication of the register of trademark agents

The Registrar shall ordinarily publish the list of agents in the register of trademark agents from time to time, and at least once in two years together with their addresses as entered in the register.

Appeal

An appeal shall lie to Intellectual Property Appellate Board from any order or decision of the Registrar in regard to the registration or removal of trademark agent under Part IV of these rules, and the decision of the Appellate Board shall be final and binding.

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