Proper written authorisation is required for an agent or a firm to represent a client in office of the trademark and submit applications either online or offline.
Without a proper written authorisation, the forms submitted on behalf of a client will be rejected by the Trademark Office. Hence, please prepare a written authorisation - the format of which is available in the government's intellectual property rights official website.
If there is no format in the official website, you can prepare a simple letter with all the details about the authorisation.
TEMPLATE #1
(As available in the IP India website in Form TM-48. Please check their website.)
FORM TM-48
THE TRADE MARKS ACT, 1999
Agents Code No: ________
Proprietors Code No: ________
Form of authorisation of an agent
(Section 145 and rule 21)
I (or We), (Name of the Person), son/daughter/wife of (Name of the Father/Husband), a resident of (Home Address), Nationality: _________, hereby authorize (Name of the Person), son/daughter/wife of (Name of the Father/Husband), a resident of (Home Address) to act as my (or our) agent for (____________State the particular matter or proceeding for which the agent is appointed giving the reference number if known_________________) and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.
I (or We) hereby revoke all previous authorizations, if any, in respect of the proceedings.
All communications relating to this application may be sent to the following address in India:-
Dated this ____day of (Month), (Year).
(SIGNATURE)
(FULL NAME OF PERSON OR SIGNATORY)
(DESIGNATION, IF ANY)
To
The Registrar of TradeMarks
The Office of the TradeMarks Registry at ___________.
(Note: The duly signed form is to be stamped under the law for the time being in force.)
TEMPLATE #2
Date: __________
To
The Registrar of Trademarks
The Office of the Trade Marks Registry at _________
Sub.: Authorization - Trademark.
Sir/Madam,
I, (Name of the Person), son/daughter/wife of (Name of the Father/Husband), a resident of (Home Address), in the capacity of managing director/ company secretary/ director/ authorized representative of (Name of the Organization), having regn. no. ______ and its registered office at (Address), do hereby authorize (Name of the Person), (Designation) of (Name of the Firm/Organization) ("Organization") situated at (Address) to act jointly or severally as an agent or attorney on our behalf for filing application for registration of trademarks, and oppositions, objections, assignments, rectifications, withdrawals thereto, and in all such matters where our organization is a party or interested in the prosecution.
I/We further authorize our agent or attorney to appear before the competent authorities in their respective office(s), and to give any declarations, statements, undertakings, affidavits, writings, and to make any modifications, deletions, additions to the documents, statements filed or to be filed by us before the said authorities, and to receive any notices, certificates, communications for and on behalf of us as may be required from time to time.
I/We further authorize our agent or attorney to appoint any person(s) to attend and conduct the case(s) and/ or proceedings on our behalf.
I/We hereby ratify and agree to ratify all acts and deeds done by our agent or attorney.
I/We hereby revoke all previous authorizations, if any, in respect of the proceedings.
All communications relating to this application may be sent to the following address:
- (Name of the Organization), (Office Address), (Phone Number).
Sincerely,
(Signature)
(Name of the Person)
(Designation)
(Name of the Organization)
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