Who is a Trademark Agent in India?

A trademark agent is an expert in the field of trademarks. Trademark agents are expected to have a broad understanding of trademarks and be skilled in the processes of trademark registration, protection, and deterrent of the use of counterfeit marks. A trademark agent is responsible for all legal elements of a trademark, from its registration through presenting in court matters involving trademarks.

Who is a Patent Agent in India?

A patent agent is defined as a person who is registered as a patent agent under Section 2(n) of the India Patent Act, 1970. Who is a patent agent, according to the act’s definition is a person who files the patent application in. The patent agent is in charge of the entire process of preparing a patent application. That is, he assists in the creation of documentation, such as the drafting, filing, and prosecution of a patent application before the controller on behalf of anyone seeking a patent.

Qualification Required to Become a Trademark Agent

Passing the Trademark Agent Examination, administered by the Trademark Registry under the Trade Marks Act 1999, is the only way to become a trademark agent.

Any individual who is an Indian citizen has reached the age of twenty-one and has a bachelor’s degree from an Indian university or an equivalent certification is eligible. Applications must be submitted on the prescribed form, Form TMA-1. The application must be submitted in three copies and include the required fee.

Any legal practitioner who has been found guilty of professional misconduct by a High Court in India or a Court outside of India or a chartered accountant found guilty of carelessness or misconduct is not eligible to become a trademark agent.

Qualification Required to Become a Patent Agent

He must be an Indian citizen; he must be at least 21 years old; he must have earned a degree in science, engineering, or technology from any university established under Indian law or possess such other equivalent qualifications as the Central Government may specify. Final year students can also apply if they can provide their degree certificate along with all of their marks cards within two months after the patent agent examination results are announced.

He should have also passed the qualifying examination prescribed for the purpose, or he should have worked as an examiner or discharged the functions of the Controller under section 73, or both, for a total period of not less than 10 years, provided that he has ceased to hold any such capacity at the time of making the application for registration.

Prior to the 2005 change to the legislation, the applicant needed to have a law degree in addition to a degree in one of the fields listed under the Act. The 2005 amendment does away with this condition.