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.
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.
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Note: This Post was last updated on October 21, 2021
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