Trademark registration
Shammi_Vision
(Querist) 20 July 2014
This query is : Resolved
Dear sir,
I want to get trademark registration for my one of the client in New Delhi under class 25 (Readymade Garments). I am a CA (Inter) & ICWAI (Inter) qualified i.e not a CA or Advocate. Can I still file the Trademark registration application. Please suggest me.
Thanks in anticipation
Shammi
Devajyoti Barman
(Expert) 20 July 2014
Yes, you can apply for the same on the basis of POA of your client.
Shammi_Vision
(Querist) 20 July 2014
Sir,
Can you please sent me the format of POA.
Thanks
Shammi
Devajyoti Barman
(Expert) 20 July 2014
refer to a text book for this. we do not provide any format.
ajay sethi
(Expert) 20 July 2014
we dont provide formats
Rajendra K Goyal
(Expert) 20 July 2014
Formats are not provided in this section.
Anirudh
(Expert) 20 July 2014
Section 145 of TRADE MARKS ACT, 1999 deals with "Agents" and provides as under:
Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is-
(a) a legal practitioner, or
(b) a person registered in the prescribed manner as a trade marks agent, or
(c) a person in the sole and regular employment of the principal.
Further according to rule 2(1)(b) of the Trade Marks Rules, 2001 "agent" means a person authorised to act under section 145 of the Act.
Now you will see that you do not fall under any of the categoris (a), (b) or (c) under Section 145 and as such you will not be able to file the Trade Mark Application on behalf of your client.
