The Department of Commerce works to enable international trade. It promotes the infrastructure and professional environment for foreign investment. The Ministry of Commerce and Industry notified through a letter that company secretaries are refrained from playing dual roles. The ministry request form dated 11/12/22 about the mention of the company secretary’s act. The company secretaries act states that professionals cannot practice both professions simultaneously. The company secretary pursuing practice can become a trade mark agent after submitting an ICSI affidavit. The affidavit should interpret the role of a professional. The professional should submit the affidavit to the Institute of company secretaries of India and the trademarks registry within thirty days.

ICSI’s view about company secretaries:

ICSI constituted its 290th meeting. On the 14th of October 2022, the council and members declared the rights of company secretaries to practice IPR. Along with various other professional services the company secretaries have the right to practice IPR. The only condition is that the professionals are allowed to perform single roles and not dual roles. Rule 144 (iii) of trade mark rules of 2017 says that the company secretaries are eligible to practice and register themselves as trade mark agents. The recognition was in practice since 1991. The Trade and Merchandise marks rules, 1959 emphasized the old law. Company secretaries are learning trademarks, patents, and copyright geographical indications of goods and designs at the ACS executive level. The professional level of the ACS course provides insights into the different organisations with a history of IPR, the role of trade mark agents in upholding the stakeholder’s interest and laws for intellectual property rights. ICSI conducts crash courses on intellectual property rights to help ICSI members.

How to register as a trademark agent?

The responsibilities of a trade mark agent are searching trademark options, filing applications, initiating actions, and helping clients in disputes. The CGPDTM office takes care of the industries, internal trade and designs the law of patents and trademarks. The controller general of patents, designs and trademarks conducts examinations for the trademark agents.

What are the rights of service of a company secretary?

A company secretary is empowered with the knowledge to offer service in multiple areas. Some of the areas that draw attention to a practising company secretary are as follows:

Conclusion:

A company secretary has the freedom to work in the legal field. Patents, trade secrets, trademarks, and copyrights are the four types of intellectual property. These things enhance value and marketing options.  Intellectual property gives brand identity to the business. Business owners select candidates with qualifications, experience, and registration from the trademark registry.

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