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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Priya Menon is a full-time salaried employee of Lotus Brands Pvt Ltd, and is neither a legal practitioner nor a registered trade marks agent. Lotus Brands wants her to file a trade mark application before the Registrar on its behalf. Under the Trade Marks Act, 1999, can she act?

Yes, she can act. Section 145 of the Trade Marks Act allows a person in the sole and regular employment of the principal to act before the Registrar, alongside legal practitioners and registered trade marks agents, subject to the rules. Affidavits are excluded.

  1. ANo, only a legal practitioner may act
  2. BNo, only a registered trade marks agent may act
  3. CYes, as a person in the sole and regular employment of the principalCorrect
  4. DYes, but only for swearing affidavits

Explanation

Section 145 permits acts before the Registrar to be done by a legal practitioner, a registered trade marks agent, or a person in the sole and regular employment of the principal, subject to the rules. Priya fits the third category. The section excludes the making of an affidavit, so the last option is wrong.

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