A trademark agent or an attorney is a person who gives advice and deals with all
the legal aspects of filing a trademark application till the grant of the application, opposition cases etc.
To become a trademark agent or a trademark attorney in India it is necessary to clear the preliminary exam which is the trademark agent examination which will take place once in a year.
The person is eligible to apply for the trademark agent examination under the Trademark Act 1999, if he has completed 21 years and should be a graduate in any university in India or any other equal qualification or should hold a degree in law.
The Application for trademark agent examination should be made in Form TMA-1 given in Schedule II of trademark Rules 2002. The application should be submitted in triplet with a prescribed fee of Rs 1,000 to the trademark office. The candidates who are eligible to write the exam will be called for a written exam and a viva. The written exam will be for 150 marks whereas the viva will be for 50 marks. The exam will deal with the Trademark Laws and Practice from the Trademark Act and Rules. It is necessary that a person is well versed in the trademark act and rules to clear the trademark agent examination.
A person will become a trademark agent or an attorney in India if he has cleared the trademark agent examination. The registration of a company, institution, organization's logo, name or an individual logo or name for their products can be done with the help of a trademark agent. The trademark agent in India has the right to deal with the clients regarding any cases related to their products. The trademark agent can be relied upon by their clients for further proceedings related to the trademark