Trademark Form Tm 48

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.

Form TM 48 Requirement

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

To, 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.1000 Non-Judicial Stamp Paper.

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Frequently Asked Questions

Common questions about Trademark Form TM 48 Authorization in India.

Form TM 48, also known as the Power of Attorney, is required when a trademark application is filed by a person other than the trademark applicant. It authorizes a trademark attorney or agent to act on behalf of the applicant for the registration, protection, renewal, and maintenance of the trademark.

Form TM 48 must be executed by the trademark applicant in favor of the trademark attorney or agent who will be representing them in the trademark registration process.

No, Form TM 48 must be executed in favor of an individual trademark agent or attorney. A Power of Attorney in favor of a firm without mentioning the name of an individual agent or attorney is not acceptable.

The format of Form TM 48 includes the applicant's name and address, the authorized agent's name and address, a statement authorizing the agent to act on behalf of the applicant, and a revocation of any previous authorizations.

Form TM 48 must be printed on a non-judicial stamp paper of Rs. 100 value.

Form TM 48 should be filed along with the trademark application if the application is being filed by a trademark attorney or agent on behalf of the applicant.

Yes, Form TM 48 can be revoked by the applicant. The revocation statement is included in the form itself, where the applicant can revoke all previous authorizations, if any.

Yes, the respective Trademark Office where the trademark application is being filed should be mentioned in Form TM 48.

Yes, Form TM 48 includes a provision for authorizing the appointed agent to appoint a substitute or substitutes as they may deem necessary or expedient in connection with the trademark registration process.

The date on which Form TM 48 is executed by the trademark applicant is mentioned in the form. This date serves as a reference for the validity and effectiveness of the Power of Attorney.