Trademarks Act 1999 in India provides protection against the misuse of a registered trademark. A Trademark is a kind of a protection towards the Intellectual Property. This distinguishes various products and services by providing a brand value to them in the market. This non-deliberately attaches a quality value to all the products. Trademark registration enables owners to easily establish their right to the trademark in court and earn royalties. It also deters piracy and prevents similar company names from being registered by other businesses.
Trademark Attorney / Trademark Agent
The Trademark registration is valid for a period of 10 years although after that, the mark can be renewed for next 10 years. The government of India has offered many allowances using which the people can easily register for the trademark. One of them is allowance of hiring a Trademark attorney/agent to file the trademark application on your behalf. Not every applicant is very confident about the knowledge of filing the application in a correct manner.
The trademark application goes through various stages where it is checked by the Examiner of Trademark. If the application is not accurate, the same can be objected. Therefore, it becomes important to hire an “Agent” who can assist you while filing the application on your behalf.
What is TM-48 Power of Attorney?
If the applicant hires an Agent or an Attorney, then the application must be attached with a Power of Attorney. For such matters, the Trademarks Act of 1999 gives a particular form which has to be filled for the aforementioned purpose. This is the Form of authorization of Agent – Form TM-48.
The duly stamped Power of Attorney or Form TM – 48 is required in cases where the trademark application has been filed by a trademark agent or attorney. This form is executed in favor of the trademark agent/attorney by the applicant. It is important to note that a Form TM-48 in favor of a firm not having the name of any individual agent or attorney, is not acceptable.
Format for TM-48 Power of Attorney
FORM TM-48
THE TRADE MARKS ACT, 1999
Agent s Code No:
Proprietor s Code No:
Form of authorisation of an agent
(Section 145 and rule 21)
I(or we)’[Name of Trademark Applicant]1, [Address of Trademark Applicant]1 hereby authorise [Trademark Attorney Name]2 [Trademark Attorney Designation]2 of [Trademark Attorney’s Address]2 to act as my (or our) agent for [Purpose of Assignment]3 and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address,.
[Name of Trademark Attorney]
[Address of Trademark Attorney (line 1)]
[Address of Trademark Attorney (line 2)]
I (or we) hereby revoke all previous authorisations, if any, in respect of the proceeding.
All communications relating to this application may be sent to the following address in India: –
Dated this [Date] day of [Month], 20[Year]
[Signature of Trademark Applicant]4
………………………………
[Name of Trademark Applicant]
[Designation of Trademark Applicant]
[DIN of applicant]
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [Address of Trademark Registry]5
Details to be Kept in Mind
- Insert full name, address and nationality. (According to rule 16).
- Insert full name and address of agent (legal practitioner, registered trademarks agent or a person in the sole and regular employment of the person appointing the agent).
- State the particular matter or proceeding for which the agent is appointed giving the reference number if known
- To be signed by the person appointing the agent
- State the name of the place of the appropriate office of the trademark’s registry. (According to rule 4)
- To be stamped under the law for the time being in force.
