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Oct 20, 20233 min read

What Is The Difference Between A Trademark Agent And An Attorney?

A trademark is a term, word, logo, phrase, etc. that is used to distinguish the goods and services of one party from those of other parties. The primary function of a trademark is to provide the consumer with information about the caliber of a product and its place of origin. It is crucial to prevent trademark infringement to preserve a product or service's distinctive identity. One can protect their brand by forbidding others from utilizing their name or logo by registering their trademark. As long as you renew a trademark every ten years after it is acquired, it can be used permanently.


The procedure for registering a trademark in India can be done online. This procedure initially appears to be very straightforward, something that the average person can understand. Why do we need an Indian trademark lawyer or agent in this situation?


The operation may appear straightforward, but there are many nuances involved that need the knowledge of a trained eye. This is the reason for this. As a result, knowledge is needed right from the start of the trademark registration procedure. It's difficult to choose a good trademark. Furthermore, you must make sure that it complies with Indian law and that it does not have a resemblance to any prior trademarks. A trademark lawyer or agent can help you with this and streamline the procedure.

Difference between trademark agent and attorney

  • A trademark attorney is distinct from a trademark agent in that the former possesses a law degree and is a member of the bar. As a result, a patent lawyer can charge more. Fees for trademark agents could be typical. Agents and solicitors can both register trademarks, except cost; but, since agents are not solicitors, they are unable to represent you in court or negotiate contracts on your behalf.

  • A Trademark Agent is authorized by the Trademark Office's IPAB to practice trademark law. A Trademark Agent must have completed the IPAB Trademark Office Exam or have worked as an IPAB Trademark Examiner for at least four years before starting a private trademark practice. A trademark agent only practices law before the IPAB Trademark or Trademark Office, and they do not engage in any other legal services.

  • A trademark attorney is a lawyer who is admitted to practice law in at least one state and who is registered to practice trademark law before the IPAB or Trademark Office. The IPAB Trademark Law Bar Exam is another requirement for becoming a trademark attorney. A technical engineering degree or experience to the same effect is common among trademark attorneys. A trademark lawyer may also represent clients outside of India's IPAB, Trademark Office, and other Courts.

  • The distinction is purely technical. A trademark agent is qualified to create, submit, and handle business with the Indian IPAB or Trademark Office. The trademark agent may monitor the progress of the application once it has been filed. The application may also be represented in court by the trademark attorney. In essence, a trademark agent is a non-lawyer with expertise in the trademark field, whereas a trademark attorney is a lawyer with expertise in the field.

  • The primary areas of expertise for trademark agents are trademark registration, maintenance, and fundamental legal advice, but trademark attorneys also offer general business law, intellectual property litigation, and contract law in addition to trademark-related legal services.

Your particular needs, available resources, and the intricacy of your trademark-related problems will determine which professional is appropriate for the job. To protect your brand and the assets linked to it, both a trademark agent and an attorney are helpful allies. If you need assistance with the straightforward registration of a trademark and do not anticipate any legal difficulties, a trademark agent can more successfully and economically guide you through the process. Similar to this, you can speak with a trademark lawyer if you require legal counsel, anticipate potential issues, or require assistance in disputes regarding trademarks. They offer a comprehensive legal perspective and can speak for you in court.


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