Trade mark agent
Guest
(Querist) 28 May 2020
This query is : Resolved
I am enrolled as a lawyer after clearing the AIBE exam. I am pursuing CS course and will be continuing it as my profession further. As per law, it is prohibited to practice two professions at a time. I wish to apply for Trade mark agent on the basis Bar council certificate.
1. Do i need to surrender my certificate even if i opt for CS full time employment and not practice?
2. If i become a trade mark agent on the basis of bar council certificate now, will that continue even if i have to suspend my certificate due to CS? if no, what shall be done to continue as a trade mark agent.
Raj Kumar Makkad
(Expert) 28 May 2020
1. Legally it is required to be surrendered under Rule 49, ChapterII, Part-VI of Bar Council India Rules, an Advocate shall not be a full time salaried employee of any person, Government, Firm, corporation or concerned so long as he continues to practice. You can opt either of the one professions of CS or an Advocate.
2. You shall have to opt only one profession at the same time. You can become Trade mark agent only on attaining the degree of law and if you surrender this degree, you cannot continue as an agent.
Rajendra K Goyal
(Expert) 28 May 2020
Under provisions of rule 151, a person shall be qualified to be registered as a trade marks agent if he- is a citizen of India; is not less than 21 years of age; has passed the examination prescribed in rule 154 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; is a graduate of any university in India or possess an equivalent qualification; and is considered by the Registrar as a fit and proper person to be registered as a trade mark agent.
Rule 157 provides for the removal of trade mark agent’s name from the register of trade marks. The Registrar can remove from the Register of Trade Marks Agents the name of any registered trade mark agent-
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-- Who is found to have been subject at the issue of his registration or thereafter has become subject, to any of the disabilities in Rule 151; or
Rajendra K Goyal
(Expert) 28 May 2020
You said:
1. Do i need to surrender my certificate even if i opt for CS full time employment and not practice?
Reply:
You were enrolled on the basis of being an Advocate, after accepting an employment, you can not remain an Advocate, hence disabled under Rule 157.
You said:
2. If i become a trade mark agent on the basis of bar council certificate now, will that continue even if i have to suspend my certificate due to CS? if no, what shall be done to continue as a trade mark agent.
Reply:
If enrolled on the basis of Bar council Registration and if registration has to be surrendered you are disabled under Rule 157.
P. Venu
(Expert) 29 May 2020
The facts posted suggest a confused approach. Why do you wish to sail in so many posts.
Rajendra K Goyal
(Expert) 30 May 2020
It is better you adopt one career lawyer or a CS.
Sailing in two boats in the beginning may not give desired result to your career.
Guest
(Querist) 30 May 2020
Thank you for the knowledge and advice provided through your replies.
Raj Kumar Makkad
(Expert) 30 May 2020
You are always welcome Mr. Author and can approach as and when required.
Dr J C Vashista
(Expert) 31 May 2020
Very well explained and advised by experts Mr. Raj Kumar Makkad and Mr. Rajendra K Goyal, which I agree except the fact registration of trade mark agent is governed by Rule 144 of Trade Marks Rules, 2017.
Raj Kumar Makkad
(Expert) 31 May 2020
Thanks Dr. Vashishtha ji for your blessings.
Rajendra K Goyal
(Expert) 31 May 2020
Thanks respected Dr. J.C. Vashishta ji for your comments and adding value to the reply.
