Process of registration of ‘CS’ as a Trademark Agent in India

A trademark agent or attorney is a qualified legal professional, who advises on all the legal aspects of Trademark filings, registration, and objections.

To become a trademark agent, it’s mandatory to clear an examination conducted by the Trademarks Registry called the Trademark Agent Exam.

A Company Secretary is exempted from Trademark Agent Exam.

What is a Trademark?

Trademark is a branch of intellectual property rights. Intellectual property rights permit people to maintain ownership rights of their innovative product and creative activity. Types of intellectual property are Trademarks, Copyright Act, Patent Act, and  Designs  Act.

A trademark includes a name, word, or sign that differentiates goods from the goods of other enterprises. Marketing of goods or services by the procedure becomes much easier with a trademark because recognition of product with the trademark is assured and easier. The Company or owner can prevent the use of the mark or sign by another competitor company.

Who can Become a Trademark Agent?

To become a Trademarks Agent in India, it’s mandatory to pass the Trademark exam. The basic qualification to appear in the exam has been prescribed under the Trademarks Act, 1999.

Apart from those who have cleared the Trademarks Agent Exam, the Act (read along with the Trademark Rules, 2002) also allows Advocates (enrolled under the Advocates Act) and Qualified Company Secretaries (member of the ICSI) to represent clients before the Indian Trademarks Registry for trademark registration, and related issues.

How to apply?

Applications should be made on prescribed form, namely Form TMA-1. The application should be submitted in triplicate accompanied with a prescribed fee.

Steps to Follow for Registration for Trademark Agent by a Company Secretary:

Step I. Visit https://ipindia.gov.in/

Step II. After visiting the above website visit comprehensive e filing service or visit directly https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx

Step III. After that the applicant has to click on New User? Sign Up

Step IV. Before Proceeding for the registration Read and Download Digital Signature Manual.

Step V. New tab came i.e “New User Registration Form”

Step VI. Select Type of Applicant Proprietor

Step VII. Enter the code and open the tab further

Step VIII. Add the details of the applicant in the form.

Special Note: In this stage read Digital Signature Manual before registering DSC

In the final Step user credentials sent by the Department to the applicants email id.

Then login into the portal and Fill Form TMA-G by a CS.

Upload the documents like Membership Certificate and COP Certificate with the application

The applicant has to pay Rs 4500/- Fees at the time of registration.

After completion of all the above steps the applicant will get the TM agent Certificate from the respective Department.

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