Rule 147- CS will be no more qualified as TM attorney as per draft Trademark Rules, 2015. Time to make representation to the Government for the same. Go to the link and copy paste the content on your letter head and send the same to the DIPP, Government of India on sahni.palka@nic.in:
BY CS DIVYANSHU SAHNI
Rule 147: Exclusion of Company Secretaries to be qualified as Trademark Agent
Department that Government of India vide Standing Order bearing No. 1396, dated 23rd March, 1985 (w.e.f. 6th April, 1985) substituted Rule 148(iii) of the Trade and Merchandise Marks Rules, 1959, and inserted the provision that a Member of the Institute of Company Secretaries of India is also qualified to be registered as a trade marks agents.
Whereas, Rule 150 of the Trade Marks Rules, 2002, carried the same provisions and provides as follows:
“150. Qualifications for registration: Subject to the provisions of rule 151, a person shall be qualified to be registered as a trade marks agent if he:
(i) is a citizen of India;
(ii) is not less than 21 years of age;
(iii) 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;
(iv) is a graduate of any university in India or possess an equivalent qualification; and
(v) is considered by the Registrar as a fit and proper person to be registered as a trade mark agent.”
However, in the proposed Rules the Member of the Institute of Company Secretaries of India are excluded from the provisions of qualification of Trademark Agents. Rule 147 of the Draft Rules provides as follows:
“147. Qualifications for registration: Subject to the provisions of rule 148, a person shall be qualified to be registered as a trade marks agent if he:
(i) is a citizen of India;
(ii) is not less than 21 years of age;
(iii) is a graduate of any university in India or possesses an equivalent qualification and has passed the examination prescribed in rule 151 or is an Advocate within the meaning of the Advocates Act,1961 (25 of 1961);
(iv) is considered by the Registrar as a fit and proper person to be registered as a trade mark agent.”
The members of the Institute of Company Secretaries of India (“the ICSI”) are actively participating in the various fields of law very effectively and are being recognized by the Government of India and public at large as efficient legal representatives before legal authorities such as:
(i) Company Law Board.
(ii) National Company Law Tribunal.
(iii) Competition Commission of India & Competition
(iv) Appellate Tribunal.
(v) Securities Appellate Tribunal.
(vi) Registrar of Companies.
(vii) Consumer Forums.
(viii) Telecom Disputes Settlement and Appellate Tribunal.
(ix) Tax Authorities.
Company Secretaries are well efficient to handle Trademark registration and representation before the Trademark Authority. Since, 1985, after getting recognition by the Government of India are actively participating for Trademark Registration and providing services to the public at large.
It is requested that the Government shall include the members of the ICSI as qualified TM attorney.
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