Trademark Attorneys In India, The US And The UK: The Roles
In the current era, Trademark Registration is more than necessary for businesses. They are indispensable. For the contemporary economy, trademarks give a product or service a distinctive character and quality. When recognised by the general consumer, trademarks have a reputation that cannot be replicated. The goodwill attached to a registered trademark also guarantees that no other person or business copies it and takes undue advantage of it.
The long and short of it is that trademark attorneys are needed across the world, right now. To that end, questions arise if all trademark attorneys have the same role; are all trademark attorneys qualify through the same process, etc. In this article, we explain the roles trademark agents play in the US, the UK, and India.
- An individual qualified to attend to matters concerning trademark law has the right to practice as a trademark attorney in both the US and UK. In British English, such lawyers are known as trade mark agents or trade mark attorney (there is added space between the two words, unlike in US English).
- In the UK, a trade mark agent can offer legal advice on matters pertaining to the subject as lawyers, i.e., they are recognised as distinctive legal professionals separate from other barristers or solicitors. The legislation that acknowledges them is the Legal Services Act of 2007.
- In the US, trademark attorneys are not separate professionals. They are included in the generic legal field.
Difference Between US and UK Trademark Lawyers
- Because in the UK, trade mark agents are a separate profession, it is necessary to pass certain examinations to become one. They also need to comply with set requirements and uphold the ethics and standards of the field to be formally registered. Only a person who has an “exclusive or protected title” qualification is allowed to be called a trademark attorney.
- In comparison, the US doesn’t require special qualification or title to be recognised as a trademark attorney. Any lawyer with a license to practice in a state can be a trademark attorney and represent a business or company before the United States Patent and Trademark Office.
In both countries, a trademark attorney generally starts their career by working for a firm that deals with Intellectual Property, Trademarks, Patents Law and Copyright law. They could also begin work for an established corporation who have their own trademark interests to protect against misuse or abuse. The roles of a trademark attorney are:
- Advising on the adoption of a trademark
- Helping in the selection of a trademark
- Filing the application of trademark registration
- Advising on the correct use of a registered trademark
- Managing opposition to trademark
- Taking care of revocation or invalidation of trademarks
- Prosecuting in case of trademark infringement
The Role Of Trademark Attorney in India
To file or appear before the Trademark Examiner, in India, a person has to be a registered trademark attorney. The responsibilities of a trademark agent in India are very similar to others:
- Help in selecting the right trademark
- Ensure compliance with all the legal norms in the nation to make sure that the chances of trademark application rejection are low
- Filing the actual application for trademark registration. The application requires particular requirements which a trademark agent can handle with ease.
- Provide the required and accurate reply in case any objection come up after filing for trademark registration.
- Tender advises on the nuances of trademark infringement and how to deal with it.
The role trademark attorneys play, anywhere around the world, are without a doubt vital. Without their detailed knowledge of the field, most individuals and businesses would flounder about. It is their unrelenting expertise starting from registration and ending with trademark infringement that makes them indispensable. The process of becoming a trademark attorney may change from one country to another, but their role remains the same.