Trademark registration is simple only if the trademark name selected in unique, appropriate to the products and services provides, and because of the proper legal consultancy. There are various legal firms in India that are involved in providing consultancy services for the trademark registration. Preferring the finest legal consultant becomes the very difficult and important question to be answered before investing capital. For a business, a trademark becomes its legal personality on a large scale after being used for the trading activities. Thus, opting for a right Legal Firm as well as highly qualified and experienced Trademark Advocates is very much important for successful registration of a trademark.
Before selecting a legal consultant firm, make sure you find someone that has handled multiple legal issues in various fields. The patent drafting issues or problem related to India corporate law are some of the broad categories. Apart from these, the professional or say attorney should be skilled and experienced in handling various legal services related to trademark registration, patent drafting, design registration, and many other of the same domain. Also make sure that the firm has Trademark Attorney/Lawyers and Trademark Agents to help you during the entire process starting from the trademark application filing to the Final Registration of the respective Trademark. Also ask questions to the firm related their establishment and work experience in India and Indian Laws. Also make sure of their membership with any local state or the national associations. In addition to the details of the legal consultancy firm, also make sure of the licensing of the consultant or advocate, employed there, who will further be handling your legal issue related to the trademark.
A trademark lawyer, or attorney or agent is the one who is assigned to provide advice for the trademark registration procedure. The trademark attorney is also responsible to deal with all the aspects of the trademark application filing including the grant of the application, trademark opposition cases, and many more. Here below mentioned are the processes that make an individual eligible to become the trademark attorney/lawyer/agent, to deal with your legal issues.
The individual has to clear the preliminary exam, known as the Trademark Agent Examination. This Exam is held once in a year.
As per the Trademark Act 1999, the applicant has to be 21 years (completed).
The individual should also be a graduate in any discipline. The graduation has to be from any university in India or any other qualification. Degree in law is mandatory.
Procedure to become a Trademark Attorney/Lawyer/Agent:
For the Trademark Agent Examination, the application should be made in Form TMA-1 provided in Schedule II of Trademark Rules 2002.
The applicant should submit the application form in triplet to the trademark office, along with the Rs. 1,000 as the prescribed fee.
The eligible applicant will be called for the written exam and viva voce.
The written exam carries 150 marks and 50 marks are for the viva voce. The exam deals with questions that are related to the Trademark Laws & Practice from the Trademark Act & Rules.
The candidate/applicant who clears the Trademark Agent Examination becomes a Trademark Attorney/Lawyer/Agent in India. The duty of the agent becomes to provide legal consultancy to the one regarding logo/brand name, trademark registration, trademark opposition, and various similar.
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