In case a trademark application is filed by a person other than the trademark applicant, then a duly stamped TM-48 or Power of Attorney must be filed. In this article, we look at the trademark Form TM 48 format and the procedure for filing the same.
Table of Contents
Requirement of Form TM 48:
In case a trademark application has been filed by a trademark attorney or a trademark agent or a constituted attorney, then a power of attorney (Form TM 48) must be executed by the applicant in favour of the trademark filing agent. It is important to remember that the Power of Attorney must be executed in favour of an individual agent or attorney. Form 48 in favour of a firm without the name of any individual agent or attorney is not acceptable.
Form TM 48 Format
FORM TM – 48
TRADE MARKS ACT, 1999
Agent’s Code: [Agent Code]
Form of Authorization of Agent in a matter or Proceeding under the Act
(Sec. 145 and Rule 21)
I / We, [Trademark Applicant Name], [Trademark Applicant Address] hereby authorize [Trademark Attorney Name], Advocates and Trademark Agents of [Trademark Agent Address], India to act as my / our agents for the registration, protection, renewal and maintenance of trademark/s belonging to me / us and request that all notices, requisition and communications relating thereto may be sent to the said agent at the address below which is our address for service.
[Trademark Attorney or Agent]
[Address Line 1]
[Address Line 2]
[City], [State] [Pin Code]
I / We further authorize the said agents to appoint a substitute or substitutes as the said agents may deem necessary or expedient in connection with the aforesaid purposes.
I / We hereby revoke all previous authorizations, if any, in respect of the matter aforesaid.
Dated this the [Date] day of [Month], [Year].
Signature of Trademark Applicant
The Registrar of Trade Mark,
The Office of the Trade Marks Registry,
[Respective Trademark Office]
Stamp Paper for Form TM 48
Form TM-48 must be printed on a Rs.100 Non-Judicial Stamp Paper.
For more details contact out team at +91-7991109093 or drop email us at [email protected]
Note: This Post was last updated on October 21, 2021
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation i.e. October 21, 2021. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, We assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. We assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.