Form TM-48 Filing

In India, trademark registration is a crucial step in securing a brand’s identity and legal rights. However, navigating the trademark filing process can be complex, often requiring legal expertise to handle objections, oppositions, and renewals effectively. To simplify this process, applicants can hire a trademark agent or attorney to represent them. When appointing an agent, it is mandatory to file Form TM-48, also known as the Power of Attorney (PoA), authorising the agent to act on the applicant’s behalf.

Whether you're applying for a new trademark or need to file Form TM-48 for legal representation, IndiaFilings makes the process seamless and hassle-free. Our experts handle all the legal formalities, ensuring compliance with trademark laws. 

What is Form TM-48?

Form TM-48 (Form of authorisation of an agent), is a crucial document under the Indian Trademarks Act, 1999. It is required when a trademark application is filed by an authorised agent, attorney, or legal representative on behalf of the applicant. This form empowers the agent to act on behalf of the applicant in all trademark-related matters.

Purpose of Form TM-48

The primary purposes of filing Form TM-48 include:

• Legal Authorization – It officially grants the trademark agent or attorney the authority to file applications, respond to objections, handle oppositions, and manage renewals on behalf of the applicant.
• Streamlined Communication – Ensures that all official communications from the Trademark Registry are directed to the authorised agent, avoiding miscommunication and delays.
• Compliance with Trademark Law – As per Section 145 and Rule 21 of the Trademarks Act, 1999, Form TM-48 is mandatory when an applicant appoints a trademark agent or attorney to represent them.
• Efficient Trademark Management – Allows a legal representative to handle various trademark processes, including modifications, oppositions, and rectifications, ensuring timely action and compliance with regulations.
  

By submitting Form TM-48, businesses and individuals can ensure a hassle-free trademark registration process while ensuring their legal rights are safeguarded.

When Is Form TM-48 Required?

Form TM-48 is required in the following situations:

• Appointing a Trademark Attorney or Agent – If an applicant chooses to hire a trademark agent or attorney to handle the trademark application, Form TM-48 must be filed to authorise their representation.
• Trademark Opposition or Objection Handling – If a trademark faces an opposition or objection during the registration process, the appointed attorney or agent can only respond on behalf of the applicant if Form TM-48 is submitted.
• Trademark Renewals and Modifications – When making changes such as address updates, ownership changes, or renewals, an authorised agent needs Form TM-48 to act on the applicant’s behalf.
• Trademark Hearings and Legal Proceedings – If a trademark case requires legal representation before the Registrar of Trademarks, an attorney must be authorised through Form TM-48 to represent the applicant.
• Filing Rectifications or Appeals – If an applicant wants to challenge a previous trademark decision or rectify details in the trademark registry, Form TM-48 is needed to authorise the agent to proceed.

Filing Form TM-48 ensures a smooth and legally compliant trademark registration process while allowing professional representation for all trademark-related matters.

Key Features and Format of Form TM-48

Form TM-48 consists of the following key elements:

• Applicant Details: Name, address, and nationality of the applicant.
• Agent Details: Name, address, and designation of the authorised agent or attorney.
• Purpose of Authorization: Specifies the exact tasks for which authorisation is granted (e.g., registration, renewal, legal representation).
• Revocation Clause: A statement revoking any previous authorisations related to the trademark, if applicable.
• Signatures: Signed by the applicant along with the date and place of execution.
• Address for Service: The official address where all communications will be sent.

Form TM-48 – Power of Attorney Filing Requirements

To correctly file Form TM-48 under the Trademarks Act, 1999, applicants must meet the following requirements:

• Applicant’s Details – The form must include the full name, address, and nationality of the applicant (individual or business entity).
• Agent’s Details – The full name and address of the trademark agent, attorney, or authorised representative must be mentioned. The agent must be a registered trademark attorney, legal practitioner, or an employee of the applicant.
• Purpose of Authorization – The applicant must specify the reason for appointing the agent (e.g., trademark registration, opposition, renewal). If applicable, the reference number of the trademark application should also be included.
• Address for Communication – The applicant must provide an Indian address where all official communications from the Trademark Registry will be sent.
• Signature & Date – The form must be signed by the applicant or an authorised signatory along with the date and place of execution.
• Revocation of Previous Authorizations – If the applicant had previously appointed another agent, Form TM-48 must explicitly revoke earlier authorisations to avoid confusion.
• Stamp Duty Compliance – The form must be duly stamped according to the prevailing state stamp duty laws.
• Filing with the Trademark Registry – The completed and stamped Form TM-48 should be submitted to the appropriate Trademark Registry office based on the applicant’s location.

Important Note:

Form TM-48 must be executed in favor of a specific individual trademark attorney or agent. Forms issued in the name of a firm without specifying an individual will not be accepted.

Incorrect or incomplete details may lead to objections or delays in the trademark registration process

How to File Form TM-48

Filing Form TM-48 is a crucial step when appointing a trademark agent or attorney for trademark registration or related proceedings. Follow these steps to ensure a smooth and successful filing process:

Step 1: Download & Fill in the Required Details

The applicant must accurately provide all necessary details, including:

• Full Name, Address, and Nationality of the applicant (individual or business entity).
• Name and Address of the Trademark Agent/Attorney being appointed.
• Purpose of Authorization, specifying the trademark-related tasks assigned to the agent.
• Address for Service in India, where official communications from the Trademark Registry will be sent.

Step 2: Execution and Signature

The form must be signed and dated by the applicant or an authorised representative.

If the applicant is a company or legal entity, the form should be signed by a duly authorised signatory with a company seal (if applicable).

Step 3: Stamp Duty Compliance

The power of attorney must be duly stamped as per state-specific stamp duty regulations.

Failure to pay the stamp duty may result in rejection of the form.

Step 4: Submission to the Trademark Registry

• Submit the completed and stamped Form TM-48 to the appropriate Trademark Registry Office, based on the applicant’s jurisdiction.
• The form can be submitted along with the trademark application or separately if an agent is appointed later.

Step 5: Confirmation & Processing

Once submitted, the Trademark Registry will:

• Verify the details and authenticity of the authorisation.
• Process the request and record the agent’s authority.
• Send official communications to the appointed trademark agent or attorney for future trademark-related matters.

Key Points to Remember

• The agent or attorney must be an individual, not just a firm.
• Ensure all details are accurate and match the trademark application.
• Late submission of Form TM-48 may cause delays or objections in trademark processing.

Ensuring that Form TM-48 is accurately filed is crucial for a smooth trademark registration process. Mistakes or delays can lead to objections, slowing down your brand's legal protection. That’s where expert assistance becomes invaluable.

Effortless Trademark & Form TM-48 Filing with IndiaFilings!

IndiaFilings makes Form TM-48 filing simple and hassle-free. Whether you need to file Form TM-48 or require complete trademark registration with Form TM-48 filing, we are here to assist you at every step. Our experts ensure a smooth and compliant process, tailored to your specific needs.  

Contact us now and take the first step towards protecting your brand!