Form TM-48, prescribed under the Trade Marks Rules, 2017, is the power of attorney (POA) that authorizes an advocate or registered trademark agent to act on an applicant's behalf before the Trade Marks Registry. Without a valid TM-48 on file, the Registry will not entertain correspondence, hearings, or responses filed by anyone other than the applicant themselves.
Looking for a general-purpose Power of Attorney instead — for property, financial, or NRI representation matters? See our Power of Attorney page.
Why It Is Required for Every Application
Trademark prosecution is rarely a single-step process. Between the initial filing, examination report, potential objections, opposition proceedings (if a third party opposes your mark after publication), and eventual registration, an application can remain active before the Registry for well over a year. A properly executed TM-48 ensures your advocate can respond to examination reports, attend show-cause hearings, and file replies on your behalf at every stage — without needing a fresh authorization each time.
What the Form Requires
- The applicant's signature (for individuals) or an authorized signatory's signature under company seal/board authorization (for companies and LLPs)
- Clear identification of the appointed advocate or agent
- Either a general power of attorney, covering all present and future applications by the same applicant, or a specific power of attorney limited to a single application
Most firms recommend filing a general TM-48 for businesses that anticipate filing multiple trademark applications over time (across different classes or brand variants), since it removes the need to re-execute a fresh POA for every new filing.
Consequences of a Missing or Defective TM-48
If a TM-48 is not filed, or is filed with formal defects (missing signature, incorrect signatory authority, mismatched applicant details), the Registry may refuse to act on submissions made by your advocate until the defect is cured. In time-sensitive situations — such as a narrow window to respond to an examination report or an opposition notice — this can result in missed deadlines with serious consequences, including abandonment of the application.
Practical Takeaway
Form TM-48 is a small procedural document with outsized consequences if overlooked. It should be executed and filed alongside your very first application, not treated as an afterthought once an objection or hearing notice arrives.
