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Ankit Singh   28 March 2020

Facing problem in applying trademark as attorney

Hello, I am applying trademark as applicant but i am registered as Attorney on 'Trademark E- Registration Portal'. So, how can an attorney file an application for himself?. Since it is asking for Power of Attorney (POA) while submitting the application.


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 6 Replies

G.L.N. Prasad (Retired employee.)     29 March 2020

There is no such bar as per law.  File RTI Application to the concerned authorities that approve trademark and seek confirmation for your clarification.

Information solicited:

1. Please provide a certified copy of norms/directive/Government order that bars an applicant from applying a trademark when he is  Attorney on "Trademark E-Registration portal"

G.L.N. Prasad (Retired employee.)     29 March 2020

If the objection is simple in seeking copy of POA, there should not be an objection.   Without submitting the original POA with attested copy you are not entitled to get the status fo attorney for applying on some other's behalf and POA should be returned to you after making such a note on original POA.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 March 2020

A trade mark attorney must be registered to practice before the IPAB (Intellectual Property Appellate Tribunal). A trademark attorney assist a trade mark holder and legal support.

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

Two ways are present for the individual to become trademark attorney in India. One is by being eligible through professional qualification for practicing before Trade Mark Registry or to pass qualifying examination that is conducted to become a practicing attorney.

An examination is conducted by the Trademarks Registry to admit individuals having become Trademark agents and is entitle in practicing before Trademarks Registry. Qualification to become an agent is said to be prescribed under Trademarks Act of 1999 and Trademark Rules of 2002.

Besides this, advocates having enrolled under Advocates Act and the Company Secretaries having qualified the exam conduct by Company Secretaries are licensed for practicing as Company Secretary to represent the clients before Trademarks Registry, without having appeared in Trademark Agent examination.

 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

nstitute of Patent Attorneys, India (IPAI) is providing professional training in Indian Trademarks Law and Practice for candidates to appear for Indian Trademarks Agents Examination , conducted by Ministry of Commerce and Industry (Govt. of India) through Trade Marks Offices and obtaining qualifications necessary to practice as a Trade Marks Agent under the Trade Marks Act and Rules

 

Trade Marks Agents are specialist legal advisors, similar to Lawyers, who advise their clients how to protect their Trade Marks. 

T. Kalaiselvan, Advocate (Advocate)     30 March 2020

nstitute of Patent Attorneys, India (IPAI) is providing professional training in Indian Trademarks Law and Practice for candidates to appear for Indian Trademarks Agents Examination , conducted by Ministry of Commerce and Industry (Govt. of India) through Trade Marks Offices and obtaining qualifications necessary to practice as a Trade Marks Agent under the Trade Marks Act and Rules

 

Trade Marks Agents are specialist legal advisors, similar to Lawyers, who advise their clients how to protect their Trade Marks. 


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