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To become a trademark agent in India, you need to pass the trademark agent examination. This examination is administered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM). However, if you’re a practising CS or an Advocate, you’re exempted from appearing for the examination. You can apply for trademark agent registration directly by filing Form TM-G with the Office.
In this blog post, we shall explain who is a trademark agent, shed light on their duties, eligibility and ineligibility for becoming a trademark agent in India and the trade mark agent registration process.
A trademark agent is a professional who is certified by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) to act on behalf of the client in matters pertaining to registration, protection and maintenance of trademarks under the Trade Marks Act, 1999.
The duties of a trade mark agent are as follows:-
To provide assistance to businesses in selecting new trademarks for their brands.
To conduct trademark searches, on behalf of businesses, to ensure that the desired trademark is not already registered.
To protect clients' interests by sending cease and desist letters in cases of trademark infringement/violation.
To provide legal support in drafting and filing trademark applications for new trademarks.
To ensure that applications are correctly submitted to the appropriate trademark office.
To communicate with the Indian trademark registry on behalf of clients regarding trademark registration.
To assist the businesses in trademark renewal in a timely manner.
Candidates who are willing to appear in the Trade Marks Agent Examination must check their eligibility requirements well in advance. The requirements for becoming a TM agent in India are as follows:-
The candidate must be a citizen of India.
They must be at least 21 years of age.
They must have graduated from any recognized university in India or possess an equivalent qualification and have passed the examination prescribed in Rule 148.
The candidate must possess good knowledge of the trademarks.
The Controller General of Patents, Designs and Trade Marks (CGPDTM) must deem a candidate ‘fit and proper person’ to be registered as a trade mark agent.
Company Secretaries in Practice are permitted to be registered as Trade Marks Agent under Rule 144 of the Trade Marks Rules, 2017. They are exempted from taking the examination unless they want to voluntarily attempt it.
Advocates within the meaning of the Advocates Act, 1961, are also eligible for registering as trade mark agents without taking the examination. Again, they can voluntarily attempt the examination.
The Office of the CGPDTM will only verify the eligibility requirements when the Trade Marks Agent Certificate is issued, following receipt of the necessary applicable forms and the associated fee. Since the applicant is responsible for determining eligibility, the Office will not consider any requests in this regard.
According to Rule 145 of the Trade Marks Rules, 2017, the following individuals are debarred from registration as trademarks agents:-
Individuals who have been declared to be of unsound mind by a competent court.
Individuals who are undischarged insolvents.
Those individuals who, having been discharged from insolvency, have not obtained a certificate from the court or the appropriate authority stating that their insolvency was caused by misfortune and without any misconduct on their part.
Individuals who have been convicted by a competent court, whether in India or abroad, of an offence punishable by transportation or imprisonment, unless the conviction has been pardoned or the Central Government has removed the disqualification through an official order.
Legal practitioners who have been found guilty of professional misconduct by any High Court in India.
Chartered accountants who have been found guilty of negligence/misconduct by a High Court.
Registered trade mark agents who have been found guilty of professional misconduct by the Registrar.
If you want to become a registered trade mark agent in the country, you need to fulfill the following steps:-
You must check the eligibility criteria for becoming a registered TM agent. You need to be a citizen of India and be at least 21 years of age. Additionally, you need to have a graduation degree from a recognized university or an equivalent qualification. You must fulfill all the requirements mentioned in Rule 144 of the TM Rules, 2017.
After ensuring that you meet the eligibility requirements, you must apply for the TM Agent Examination. You need to submit the application form along with all the required documents and the prescribed application fee through the official IP India portal. If you are an Advocate or CS, you can skip the examination. You can apply for TM agent registration with the O/o CGPDTM by filing TM-G Form without attempting the exam.
You must appear for the Trademark Agent Examination, which consists of three stages, i.e., Paper I, Paper II, and a viva voce. The duration of Paper I is 2 hours while the duration of Paper II is 3 hours. Both Paper I and II carry 100 marks each. To qualify for the viva voce, candidates must secure at least 50 marks (50%) in each written paper. Only candidates who fulfill this requirement are then called for viva voce examination. The viva voce carries 50 marks. In order to pass the overall examination, candidates must obtain an aggregate of at least 60% of the total marks (150 out of 250) from Paper I, Paper II and the viva voce combined.
The Registrar will publish your name in the Register of Trademark Agents, along with the addresses of your residence and principal place of business, your nationality, your qualifications and the date of registration, once you have passed the exam. You will receive a Certificate of Registration, also known as Trademark Agent Certificate, following your enrollment in the Register.
For those who are passionate about trademarks and want to help businesses in protecting their brand identity, becoming a TM agent can be a wholesome career option. To become a TM agent, it is necessary to pass the TM agent examination unless specifically exempt. Need assistance in Trademark Registration? Connect with our Trademark Registration Consultants at Registrationwala.
Q1. Can practising advocates become trademark agents without attempting the trademark agent exam?
A. Yes, practising advocates can become registered trademark agents, in accordance with Rule 144 (iii) of Trade Mark Rules, 2017. They do not need to mandatorily attempt the trade mark agent registration exam, unless they choose to do so voluntarily. However, they must still file Form TM-G to register as an agent.
Q2. Can practising company secretaries become trademark agents without attempting the trade mark agent exam?
A. According to Rule 144 (iii) of Trade Mark Rules of 2017, the company secretaries are eligible to practice and register themselves as trade mark agents. They do not need to mandatorily attempt the trade mark agent registration exam, unless they choose to do so voluntarily. However, they must file Form TM-G to register as an agent.
Q3. Is a trademark agent the same as a trademark attorney?
A. No, they differ from each other. A trade mark agent is a professional registered with and authorized by the O/o the Controller General of Patents, Designs and Trade Marks to file and handle trademark applications on behalf of clients. On the other hand, a trademark attorney is a qualified lawyer with a law degree and can provide legal advice/counselling, represent clients during legal proceedings and handle trademark disputes/litigation.
Disclaimer :- This blog post is meant for educational purposes only. While we have made every effort to provide our readers with accurate and complete information in this post, we cannot guarantee its full accuracy or completeness. We encourage our readers to verify details via official and reliable sources. Information in this content should not be interpreted as professional, academic, business, financial or legal advice.
Ms. Kashish Kumar is a content writer with a background in legal studies and over five years of experience. She’s written extensively on legal topics and supported non-profits like PETA, CRY, and WWF. A passionate reader, she enjoys books and blogs alike.
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