Trademark Form TM-48: Filing, Authorization & Sample Format

Imagine building a brand that everyone recognizes. But without protection, someone could copy it tomorrow. Form 48 trademark stops that from happening. It lets a registered agent or attorney file, manage, and defend your trademark application in India. This ensures your brand stays fully protected under the law.

India’s trademark ecosystem is booming. In FY 2024–25, over 5.5 lakh applications were filed. This shows rising entrepreneurial activity and growing awareness of intellectual property rights. Many applications face delays due to missing or incorrect authorizations. Form 48 bridges this gap. It makes the process smooth, compliant, and ready for faster approval. Your brand can thrive legally and confidently.

What is Form 48 Trademark (TM 48)?

Form 48 lets a trademark applicant authorize a representative to act on their behalf. The authorized person may be a trademark agent, advocate, company director, or authorized employee, and can sign, file trademark applications, and handle all related documents. 

Rule 19 of the Trade Marks Rules, 2017 mandates this authorization whenever a trademark application or related proceeding is handled through a representative. This authorization is given through a legal declaration under the Trade Marks Act, 1999.

TM 48 Format & Contents

Form TM-48 must include specific details to be valid and legally recognised:

1. Applicant Details: Name, address, and contact information of the trademark owner.
   
2. Representative Details: Name, address, and designation of the authorized agent, advocate, or employee.
   
3. Authorization Statement: A clear declaration empowering the representative to act on behalf of the applicant for filing, responding to objections, oppositions, renewals, and hearings.
   
4. Trademark Details: Application number (if available), class of goods/services, and mark description to link the form with the correct application.
   
5. Date & Signature: Signed and dated by the applicant or authorized signatory.
   
6. Stamp Duty: Properly stamped according to state regulations for legal validity.

Following this format ensures your agent can act confidently and your trademark stays on the fast track to approval.

Why is Form 48 Trademark Important?

Filing a trademark is more than just filling out forms. You need legal authorization to avoid delays. That’s where the Form 48 trademark plays a key role. It lets your agent or attorney act on your behalf during the registration process.

To understand its value, here are the main reasons why Form 48 is crucial for Trademark registration:

1. Prevents Delays in Processing: Using the TM 48 Form ensures the Trademark Registry immediately recognizes your agent’s authority. Your application moves smoothly. There are no unnecessary pauses or queries.

2. Avoids Rejection: The Trademark Registry may raise objections or even reject applications filed without proper authorization. Form 48 provides legal proof that your agent can sign and submit documents on your behalf.

3. Covers All Trademark Proceedings: Form 48 authorizes your representative to handle filings, objections, oppositions, hearings, and compliance responses. It ensures legal authority across all procedural stages, including trademark renewal.

4. Supports Businesses of All Sizes: Startups, companies, LLPs, and foreign applicants benefit the most. Foreign applicants especially need Form 48 because they cannot sign documents in India personally. Even small businesses can streamline their registration process.

5. Provides Legal Assurance: Form 48 acts as a specific authorization, similar to a power of attorney, limited to trademark matters. Using Form 48 for trademark registration ensures your agent’s actions are legally valid and officially recognised by the Trademark Office.

TM-48 authorizes your representative and keeps the trademark process compliant and uninterrupted.

When is Form TM 48 Required?

Not every trademark application requires a Form 48 trademark. You need it only when someone else signs the application on your behalf. Companies, LLPs, startups, and foreign applicants use it most.

Here are the main situations when you must submit the trademark Form TM 48:

1. When an Agent or Attorney Files the Application: If a trademark agent or attorney files for you, Form 48 of the trademark is mandatory. It authorizes them to sign documents and communicate with the Trademark Registry.

2. When a Company or LLP Applies: Companies and LLPs cannot sign as individuals. A director or authorized representative must act for them. Filing the trademark Form TM 48 ensures the Registry recognizes its authority.

3. When Responding to Objections: If your application faces trademark objections, your agent must respond using Form 48. Failing to submit this form may lead to rejection or delays in your response.

4. During Oppositions or Hearings: If your application faces trademark opposition or requires a hearing, the representative must act on your behalf. For this, a valid trademark Form TM-48 is required to ensure legal authorization.

5. For Foreign Applicants: Applicants outside India cannot sign documents personally. They must submit Form 48 of the trademark to authorize their agent in India.

6. For Renewals and Compliance: When handling renewals, post-registration compliance, or official notices, your agent must have TM 48 authorization to act on your behalf.

Filing the trademark Form TM 48 gives your representative full authority to act on your behalf. 

How to File Form 48 of Trademark in India?

You can submit Form 48 online for speed and convenience, or offline via a demand draft. 

Follow these steps to file TM-48 correctly:

1. Prepare the Required Documents

• Applicant details: Name, address, and legal status (individual, company, LLP, or foreign entity).
  
• Representative details: Name, address, and authorization proof.
  
• Power of Attorney (POA) or declaration, if applicable.
  
• Details of the trademark application that the representative will handle (application number, class, and mark details).

2. Fill the Form Correctly

• Use the official Form 48 of trademark format provided by the Trademark Registry.
  
• Ensure all fields are accurate. Mistakes can cause delays or rejection.
  
• Provide short, clear information for names, addresses, and application numbers.

3. Sign and Submit

• The applicant or authorized signatory signs the form.
  
• The representative may also need to sign where required.
  
• Submit online through the IP India portal or offline at the regional Trademark Office.

4. Pay the Applicable Fee

• Check the latest fee for filing the trademark Form TM 48.
  
• You can usually make the payment online or by demand draft when filing offline.

5. Track the Submission

• After submission, the Trademark Registry issues an acknowledgment.
  
• Keep the acknowledgement safe. It serves as proof of authorization.
  
• Regularly check your trademark application status online to ensure smooth processing.

Worried about delays or mistakes in your Form 48 trademark? Why risk it? File stress-free with RegisterKaro! Contact us today!

Documents Required for Form 48 of Trademark in India

Filing a Form 48 for a trademark is simple if you have all the right documents. Missing even one can delay your application. 

Here’s everything you need to submit a smooth Form 48 trademark application:

1. Applicant Details: Provide the full name, address, and legal status of the applicant, individual, company, LLP, or foreign entity. Include contact details like email and phone number.

2. Representative Details: Include the name, address, and contact information of your authorized agent or attorney. Attach proof of authorization, such as an appointment letter, board resolution, or prior authorization. 

3. Power of Attorney or Declaration: If required, attach a signed Power of Attorney. Alternatively, submit a declaration stating that the agent has the applicant’s authority. 

4. Trademark Application Details: Provide the application number, class, and exact representation of the trademark. Include any documents submitted with the original trademark application.

5. Signatures: The applicant or authorized signatory must sign the form. The representative may also need to sign if required. For online filing, a Digital Signature Certificate (DSC) is accepted. Correct signatures prevent rejection or delays.

6. Additional Documents for Foreign Applicants: Foreign applicants should attach a passport copy, proof of address, and other identification to authorize their Indian agent. This ensures compliance with Indian Trademark rules.

Don’t stress over paperwork. RegisterKaro handles all documents for your Form 48 for trademark. 

Common Mistakes While Filing Form 48 of Trademark and How to Fix Them

Errors in Form 48 can lead to registry objections, delayed examination, or refusal to recognise the authorized agent. Identifying these mistakes early helps prevent disruptions in the trademark process. 

• Incorrect Applicant or Representative Details: The applicant or agent’s name, address, or legal status may be entered incorrectly, leading to rejection.

Solution: Double-check all details and ensure they match exactly with your original trademark application.

• Missing Authorization Proof: Forgetting to attach a Power of Attorney or declaration can invalidate the form.

How to Fix: Always include proper authorization to validate your Form 48 for trademark.

• Errors in Application Details: Wrong trademark class, application number, or mark representation can break the link between forms.

Solution: Ensure all application details match your original filing to keep the Form 48 trademark application accurate.

• Missing Signatures: The applicant or agent may fail to sign the form, causing rejection.

How to Fix: Verify that all required signatures are present before submission.

• Incorrect Filing Channel: Filing offline or online in the wrong format can cause delays.

Solution: Follow the official IP India guidelines for online or offline submission to avoid problems.

At RegisterKaro, filing Form 48 trademark is easy. We help you authorize your agent correctly. We prepare the form and ensure it is legally valid. Your trademark application stays smooth and compliant. Focus on growing your brand. We make sure your representative can act confidently. Start your Form 48 today!

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