The trademark registration process in India involves many stages of examination, documentation, and communication with the Trademark Registry. As a result, many applicants choose to hire a lawyer or an agent to represent them during this process and ensure compliance with legal requirements. Such representation is formalised through a Power of Attorney (PoA), which is a form that many people think of as Form TM-48, as defined by the Trade Marks Act of 1999 and the Trade Marks Rules.
The PoA is important because it gives the representative the authority to complete the trademark application process on behalf of the applicant, respond to examiners’ reports, attend all hearings, receive notices from the Trademark Registry, and generally protect the rights of the applicant during the entire process. If a PoA is not in place when submitting an application, a submitted application may be considered improper, and the Trademark Registry may refuse to act on it.
This blog discusses the purpose, structure, legal relevance, and practical importance of Power of Attorney for trademark registration in India and contains a professional template that may be copied or modified for use by applicants and their representatives.
Understanding the Power of Attorney for Trademark Registration
The trademark registration process in India can involve complex procedural requirements. Many applicants choose to work with trademark attorneys because they are trained to navigate the system, respond to legal notices, and ensure timely action. However, the Registry cannot accept an attorney’s actions unless the applicant formally authorises them to act. This authorisation must be granted through Form TM-48, which serves as a legally binding Power of Attorney.
Even though the statutory form is concise, applicants often choose to prepare a more detailed PoA to avoid ambiguity. Such a document typically clarifies the scope of representation, the details of the trademark, and the extent of authority granted.
A valid PoA must –
- Contain complete and accurate details of both the applicant and the agent.
- Follow the language and requirements set out under the trademark law.
- Must be signed by the authorised signatory of the applicant.
- Must be executed on the appropriate stamp paper or carry the requisite stamp duty.
- Must be filed with the Registry along with the trademark application or shortly after.
Failure to comply with these requirements can lead to delays, procedural objections, or even refusal of the application.
Why the Power of Attorney Is Important?
The PoA is more than just an optional document. It is essential because –
- It ensures legal validity of representation: Without a PoA, the attorney’s submissions, replies, or applications may not be considered as valid by the Registry.
- It streamlines the communication process: The Trademark Registry will direct all notices, objections, and hearing communications to the authorised agent, ensuring timely responses.
- It reduces the applicant’s burden: Applicants do not need to personally handle legal drafting, procedural filings, or hearings, especially when unfamiliar with trademark law.
- It empowers attorneys to take immediate action: Trademark matters often require quick responses. A valid PoA allows the agent to act without delay.
- It protects the applicant’s interests: Since the PoA establishes clear authority, it ensures that the attorney acts responsibly and within the authorised scope.
Key Elements of a Trademark Power of Attorney (TM-48)
A thorough and well-prepared PoA typically include the following components –
1. Applicant Details
This section identifies the applicant completely and clearly. It includes –
- Full legal name
- Registered office or residential address
- Type of entity (individual, company, LLP, partnership, trust, etc.)
- Name and designation of the person signing on behalf of the entity
2. Details of the Trademark Agent or Attorney
The document must specify –
- Full name of the authorised agent
- Registration number (if applicable)
- Professional address and firm name
- Contact information (optional but recommended)
3. Scope and Purpose of Authorisation
This part outlines the specific tasks the attorney is authorised to perform, such as –
- Preparing and filing a trademark application
- Responding to examination report and official letters
- Filing oppositions, counter-statements, and affidavits
- Attending show-cause hearings
- Making submissions before the Registrar
- Receiving all official communications
4. Trademark Specifications
The PoA may reference –
- A single trademark
- Multiple marks
- All marks filed by the applicant under the attorney
5. Execution Block
The PoA must include –
- Signature of the applicant
- Date and place of execution
- Signature and details of witnesses (if required)
- Seal or stamp of the company for corporate applicants
6. Stamp Duty Compliance
Each state in India has its own stamp duty requirements. The PoA must –
- Be executed on stamp paper of the prescribed value, or
- Include adhesive stamps or franking wherever permitted
- Proper stamping ensures that the document is legally enforceable.
Sample Power of Attorney Format for Trademark Registration (TM-48)
POWER OF ATTORNEY (TM-48)
(Under the Trade Marks Act, 1999 and the Trade Marks Rules)
I/We,
[Name of Applicant/Entity],
having our address at [Full Address],
do hereby appoint
[Name of Trademark Attorney/Agent], Registered Trademark Agent or Attorney,
having an office at [Full Address],
as my/our authorised representative for filing, prosecuting, managing and completing the trademark application mentioned below, and for carrying out all associated actions before the Registrar of Trade Marks.
Details of Trademark(s):
Trademark/Logo/Word: __________________________________________
Class(es): __________________________________________
Description of Goods/Services: __________________________________________
By this Power of Attorney, I/We authorise the said agent/attorney to:
Prepare, sign and file applications, statements, declarations and other documents.
Submit replies to the examination report and communicate with the Registry.
File oppositions, counter-statements, affidavits and any additional documents needed.
Appear before the Registrar, attend hearings, make submissions and represent us in all matters concerning the application.
Receive and respond to all communications, notices and orders issued by the Trademark Registry.
Perform any other lawful act necessary for the completion of trademark registration.
This Power of Attorney shall remain valid until it is revoked by me/us in writing.
Executed at ___________________________
on this ___ day of _____________________ 20__.
Signature of Applicant: __________________________________
Name of Applicant: ________________________________________
Designation (if applicable): _______________________________
Seal/Stamp of Company: ____________________________________
Witness Details:
Name: _________________________________________________
Address: _______________________________________________
Signature: ______________________________________________
Conclusion
An important part of the trademark registration process in India is the Power of Attorney (POA) document. The POA gives permission to the Trademark Agent to represent you before the Trademark Registry, which allows them to communicate directly with the Registry, thus reducing any potential delays and/or issues that could arise during the trademark registration process. Although Form TM-48 is a requirement under Indian Trademark Law, a properly written POA will improve clarity, accuracy and legal status for the trademark application.
As an applicant, you must ensure that you have written your POA correctly, acknowledged it with the appropriate fee and have executed it properly before submitting it to the Trademark Registry. By having a properly drafted and executed POA, this will strengthen your application and decrease the likelihood of receiving any objection, enabling you to receive a proper and timely registration of your trademark, thus affording you legal protection for your brand name and legal rights associated with your brand.
