Trademark

TM Agent Examination writ petition-order


imagesLast month, we brought to your attention the problems associated with the Trademark Agent Exams in India and the writ petitions filed with respect to the same.The Madras HC has come out with an order on the writ petition filed by Mr. Muralidharan. The explanation given by the respondents for not conducting the Trademark Agent Exam post 2010 was that firstly, there were only 35 applicants for the examination and secondly, there was limited resources and manpower to conduct the response. The HC noted that it was unsatisfied with this explanation as periodicity is essential to attract applicants. The Court stated that as there are vacancies existing and 35 pending applications, the examination ought to be conducted to process the same. The Court also noted the petitioner’s suggestion that  a training course be conducted for facing the examination and the possibility of taking the assistance of a specialized institution for that purpose. Therefore. the Court directed the respondents to conduct the TM agent exam in the first half of 2015-16, to look into the petitioner’s suggestions regarding training courses and whether the assistance of specialized institutions are required for conducting the exam as well. The Court also stated that the existing vacancies must be filled in by this examination and the examination schedule should be printed well in advance in order to enable the applicants to prepare. The deadline proposed by the respondents was accepted by the HC and is currently 30 September 2015.

Avatar

L. Gopika Murthy

Gopika is a fourth year student at National Law School of India University, Bangalore. She was formerly the Chief Editor of the Indian Journal of Law and Technology. Her first exposure to Intellectual property law and SpicyIP was through the University Moot Rounds at NLSIU, Bangalore in her first year. She has been regularly following the developments in the field of IPR since then and she hopes to contribute to the reporting of such developments. Her areas of interest in IP include copyrights, open access, fair dealing and trademarks.

9 comments.

  1. AvatarAnon

    Would appreciate much to know of the Patent Agent Examination that has been unduly? Any news? I am sure the excuse of number of applicants does not hold good in this case.

    Reply
    1. AvatarAnon

      Would appreciate much to know of the Patent Agent Examination that has been delayed unduly. Any news? I am sure the excuse of number of applicants does not hold good in this case.

      Reply
  2. AvatarWarun CK

    Hi, Thanks Gopika for such an important info and update over TM exam. Even I was awaiting TM exam. However, I am still confuse about, whether TM exam is mandatory for lawyers or not. Plz clarify if possible

    Reply
  3. AvatarOnkar

    Why TM office wants that application for appearing in exam to be filed in triplicate in line with TMA-1 Form. I think that Form TMA-1 is applicable post clearance of TM Exam. TMA-1 says that it is the “application for the registration as trademark Agent”, whereas registry asked to fill this application form in triplicate from the appearing candidates. Applicability of TMA-1 is post-exam not pre-exam.
    Further, Character certificate shall not be required to appear in exam, But, it is required to get registered as TM Agent.
    Please update me if i m wrong in my understanding.

    Reply
  4. AvatarNKM

    the trade marks registry has not advanced any reason for conducting trade mark agent examination and interview only at mumbai despite being the fact that the applicants have to submit their application at the regional branch office

    Reply

Leave a Reply

Your email address will not be published.