Patent office cautions advocates against soliciting clients through digital ads

New Delhi, Jan 9 (PTI) The Indian patent office - CGPTDM has cautioned advocates and their agents against advertising and soliciting clients through online platforms, saying such practices violate the Advocates Act, 1961.

In a public notice, the Office of the Controller General Patens, Design, and Trade Marks (CGPTDM) said that it has taken a "serious" note of certain entities engaging in advertising and solicitation of prospective applicants or client of other attorneys/agents offering legal services through various online platforms.

"Such activities are in direct contravention of the provisions of the Advocates Act, 1961 and the rules made thereunder, which strictly prohibit advocates and legal agents from soliciting or advertising legal services," it added.

It has also said that certain entities are advertising themselves and reaching out to stakeholders to help them register their trade mark (brand name, logo, slogan, icon) from anywhere in India through their online registration services.

CGPTDM has named 17 entities including onlinelegalindia.com, makenindia.com, lawpillars.in, e-startupindia.com, cleartax.in, and trademarkia.in.

"It is hereby clarified that as per provisions of the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, the 'Registered Trade Mark Agents' and/ or an 'Advocate' within the meaning of the Advocates Act, 1961 are only authorized to practice before the Registrar of Trade Marks," it added.

"The stakeholders are cautioned accordingly," the notice said.

It added that the trademarks applications can be filed in offline or by online mode using the url: https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx by the applicants directly or through duly authorized advocates or registered trade marks agents only. PTI RR BAL CS RR ANU ANU