A trademark agent or attorney is a permitted verified professional who suggests complete legal concerns of the Trademark filings, registration, and objections.
To hold the trademark agent it is essential to clarify the exam accompanied by the Trademarks Registry called the Trademark Agent Exam. A Company Secretary shall get privileged from the Trademark Agent Exam.
What do You Mean by the Term Trademark?
Trademark is the branch of intellectual property rights. Intellectual property rights enable the individual to maintain ownership rights of their innovative product and inventive activity. Kinds of intellectual property are Trademarks, Copyright Act, Patent Act, and Designs Act.
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A trademark consists of a name, word, or sign which makes variations among the goods of different companies. Marketing of the goods or services through the process shall become simpler via trademark due to recognition of the product through the trademark it is assured and simpler to acknowledge. An organization or the owner can prevent practicing the mark of a symbol through other firms who are from the same field.
Who Can Shift to a Trademark Agent?
For becoming trademark agent in India. It is essential to pass the trademark exam. The basic qualification to sit in the exam has been mentioned beneath the Trademarks Act, 1999.
While on the other side the Trademark Rules, 2002 it indeed permits the advocates to register beneath the Advocates Act and Qualified Company Secretaries, members of the ICSI to serve the customers towards the Indian Trademarks Registry for trademark registration, along with the concerned subjects.
Complete Steps to Enrol for a Trademark Agent Via CS?
The applications must be formed on the mentioned form, named Form TMG-1/TMA-1. The application must be furnished in triplicate, conducted by a mentioned fee.
Here are the steps for enrollment as a Trademark Agent through a Company Secretary:
Step 1. Visit https://ipindia.gov.in/
Step 2. Post go through the mentioned link (website) go to the comprehensive e-filing service or go directly https://ipindiaonline.gov.in/trademarkefiling/user/frmloginnew.aspx
Step 3. Post to that the applicant needs to tap on New User? Sign Up
Step 4. Prior to going through with the registration Read and Download Digital Signature Manual
Step 5. The latest tab came i.e “New User Registration Form”
Step 6. Choose the Type of Applicant Agent/Proprietor
Step 7. Enter the code and open the tab further
Step 8. Add the information of the applicant in the form
Essential note: Upon the stage read the Digital Signature Manual before registering DSC (Digital Signature Certificate) In the final Step user credentials are sent via council to the applicant’s email ID. Then login into the portal and Fill Form TMG-1/TMA-1 by a CS.
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Similar to the membership certificate and COP certificate with the application, upload the documents.
Rs 4500 is the registration fee which the applicant needs to pay during the enrollment. Post finishing the mentioned steps the applicant shall obtain the Trademark Agent Certificate from the corresponding Department.
Top 7 Advantages of Trademark Registration for Business
The government has mandated trademark registration for the protection of company authenticity and to differentiate it from other competitors. Here are some of the major benefits of having a trademark registration in order to be more secure:
Legally Authorized with Protection
If a trademark is registered for your company, product, or service, then it will be considered intellectual property, which means it is protected from infringement. The exclusive right to use a trademark in relation to a “class” of products or services is also granted by trademark registration. If anyone uses the registered trademark in any illegal manner, the trademark owner can seek infringement redressal in the appropriate courts of the country. The symbol “TM” may be used with your item after a trademark application has been filed, and the symbol “R” may be used after the trademark has been registered.
Unique Product Identification from Competitors
A trademark empowers you to differentiate your goods from those of your competitors. In addition, because trademark registration is applicable to the full range of goods or services represented, it will help differentiate your item. Customers identify the specific trademarked item in a unique way, resulting in creating a customer base for your goods or services.
Help to Build the New Exposure of a Brand
Customers associate the quality, performance, characteristics, and other characteristics of a product with the brand that manufactures it. They normally use the logo with registered trademark symbols to identify the goods. Trademark registration makes it easier for people to recognize your products and services. It also contributes to the goodwill of the brand. As a result, your brand will get exposure and has a market value over time. Brand recognition attracts new customers while retaining existing ones.
Creation of Intangible Assets
Trademark registration of a commercial enterprise builds an asset. A trademark is considered an intangible asset for accounting and income tax matters. As mentioned above, trademarks are considered intellectual property that has economic value in relation to the products they represent. Trademarks may be purchased, sold, assigned, franchised, or used commercially in any way. In the accounts books, the value or cost of the trademark, as well as claim the depreciation deduction and the revenue from them can be recorded.
Increase Business Valuation and Goodwill
Trademarks registered and associated with products increase the brand’s total value, goodwill, and net worth. Your trademark speaks volumes about your commitment to quality, along with the unique aspects of products and the company’s goal. Trademarks help in the expansion of your company. They help retain loyal consumers and protect your company’s reputation.
Recognition Trademark
A trademark is valid for 10 years in India from the date of submission of the application, which can be also renewed indefinitely. To use the trademark outside India or if you are developing your business outside India, you will need clearance or trademark registration in those countries. In these cases, Indian trademark registration and business act as a basis for obtaining registration in other countries.
Business Expansion
A trademark is also a link between consumers and the products of a company. While a brand can easily build a consumer base with efficient or innovative items, your trademark helps to maintain and expand your consumer base. The registration of your trademark gives you the right to use it for a period of ten years, thereby protecting your business income. By launching new products and expanding their business, businesses can take advantage of the benefits of having a very wide customer base.
