Practicing Company Secretaries Can’t Practice as a Trademark Agent

Practicing Company Secretaries Can't Practice as a Trademark Agent

Reference: Letter No. CG/TMA/2023-24/27 dated May 5, 2023 regarding verification of Membership of the Institute of Company Secretaries of India.

In a notification issued by the Ministry of Commerce and Industry, it has been revealed that the practice of Company Secretaries (CS) as Trademark Agents is prohibited. The Ministry, through a letter, explicitly stated that CS professionals cannot engage in the activities of a Trademark Agent.

The letter’s content, presented below, sheds light on the matter at hand:

Referring to your application on form TM-G, dated 11/12/2022, which was received by this office for the purpose of registering as a Trade Mark Agent, it has come to our attention that the Company Secretaries Act of 1980 does not include the Trade Marks Act of 1999 as an area where simultaneous practice is permitted before the Trade Mark Registry.

Based on the aforementioned information, I am hereby instructed to inform you that you must submit an Affidavit affirming that, following your registration as a Trade Mark Agent, you will refrain from practicing as a Company Secretary. This Affidavit will be forwarded by the Trade Marks Registry to the Institute of Company Secretaries of India to make them aware of this matter.

Kindly ensure that the aforementioned Affidavit is submitted within thirty days from the date of receiving this notice. Once the Affidavit is received, the necessary actions will be taken by this office.

To access the official notification in PDF format, please download the file provided.

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