Trademark Power of Attorney Draft for an Agent

Ownership, licensing and authority

Authorise a qualified agent to act before the Registrar for identified marks or matters, with stated limits, signatory authority and a clear address for service.

Legal references checked: 15 October 2026

Who can act for an applicant before the Registrar

Section 145 allows any act before the Registrar, other than making an affidavit, to be done by a person duly authorised in the prescribed manner who is a legal practitioner, a registered trade marks agent, or a person in the sole and regular employment of the principal. Rule 19(1) requires the authorisation to be executed in Form TM-M. Once it is filed, service on the agent counts as service on the principal, communications may be addressed to the agent, and appearances may be made through the agent (Rule 19(2)). The Registrar can still require the principal's personal signature or presence in a particular case (Rule 19(3)).

Filing period and procedure

No fixed period applies. File the authorisation on Form TM-M, choosing the purpose "for submitting Authorization of Agent under rule 19" and attaching a copy of the power of attorney as the form requires (one request per form), before or with the first document the agent signs; file a fresh authorisation when the agent or the scope changes.

Before you prepare the draft

Facts to confirm

Principal's exact legal name, constitution and address, matching the application or register
Agent's category under Section 145, with registration or enrolment number
Whether the authority is general or limited to listed applications, registrations or proceedings
Signatory's authority to execute the document for the principal
Address for service in India, e-mail and mobile number to be recorded (Rule 17)

Evidence to keep ready

Board resolution, partnership authority or LLP authorisation for the signatory
Agent's registration details or advocate enrolment details
List of application, registration and proceeding numbers covered
Revocation and filing record for any earlier authorisation being replaced

Editable draft framework

Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.

Draft text

POWER OF ATTORNEY AUTHORISING AN AGENT
(Section 145 of the Trade Marks Act, 1999 and Rule 19 of the Trade Marks Rules, 2017)

To the Registrar of Trade Marks
[Trade Marks Registry office/all offices of the Trade Marks Registry]

1. [Principal's legal name], [constitution, e.g. private limited company/LLP/partnership firm/sole proprietor/individual], [CIN/LLPIN/registration details, if any], having its [registered office/principal place of business] at [address] (the "Principal"), appoints [agent's name], [an advocate enrolled with (State Bar Council) under enrolment no. (number)/a registered trade marks agent, registration no. (number)/a person in the sole and regular employment of the Principal as (designation)], of [address] (the "Agent"), to act for the Principal before the Registrar of Trade Marks in the matters described below.

2. Scope. This authority covers [all the Principal's trade mark applications, registrations and proceedings before the Trade Marks Registry, present and future/only the following: (application, registration, opposition or rectification numbers)].

3. Within that scope, the Agent may: (a) prepare, sign and file applications, forms, requests, replies to examination reports, statements of case, notices of opposition, counterstatements and other documents, other than affidavits; (b) file affidavits and evidence made by the Principal or its deponents; (c) attend hearings and make submissions; (d) request extensions of time, certified copies, searches and inspection; (e) receive notices, communications and certificates; and (f) request renewal and the recording of changes in the register.

4. [OPTIONAL—omit unless intended:] The Agent may also withdraw or abandon applications, amend or restrict specifications, file or withdraw oppositions, and give consents, but only on the Principal's prior written instruction for each matter.

5. Affidavits. The Agent will not make any affidavit on the Principal's behalf. Affidavits will be made by the Principal or by an authorised deponent with knowledge of the facts.

6. Address for service. The Agent's address, [postal address in India], e-mail [e-mail address] and mobile number [number] are to be used as the Principal's address for service in India for the matters covered. [OPTIONAL—only if true:] The Principal has no principal place of business in India.

7. Substitution. [The Agent may not appoint a substitute./The Agent may appoint another advocate or registered trade marks agent as substitute, with the Principal's prior written consent.]

8. Earlier authorisations. [This authority is in addition to any earlier authorisation./This authority replaces the authorisation dated (date) in favour of (name), which the Principal revokes with effect from (date) for the matters in paragraph 2.]

9. Duration. This authority continues until [date/event], or until the Principal revokes it in writing and the revocation is filed with the Registrar, whichever is earlier. The Principal confirms all acts lawfully done by the Agent within this authority.

Signed at [place] on [date]
For [Principal's legal name]
[Signature]
[Name of signatory in capital letters or in Hindi], [designation]
Authority: [board resolution/partnership authority/LLP resolution dated (date)]
[Seal, if used]

[OPTIONAL] Accepted: [Agent's signature, name, registration or enrolment number and date]
[OPTIONAL—only if the stamp law or the law of the place of execution requires it:] [Witnesses/notarial attestation]

Check before filing

Section 145 lists who may act before the Registrar in place of the principal: a legal practitioner, a registered trade marks agent, or a person in the sole and regular employment of the principal. Check that the attorney falls within one of these categories before relying on the document for Registry work; the forms ask whether the agent is a registered trade marks agent, an advocate or a constituted attorney, so choose the category that matches. The agent cannot make affidavits for the principal, so user and evidence affidavits must be sworn by the deponent. Keep the principal's name identical to the application or register, and give the signatory's name in capital letters or in Hindi (Rule 13(2)).

Where no principal place of business in India is given in the application or opposition, Rule 19(4) and (5) require the applicant or opponent to provide an address for service in India within two months of the agent withdrawing or the authority being revoked; otherwise the application or opposition is deemed abandoned. When changing agents, file the new authorisation and the revocation together so that no notice goes unanswered. Check the stamp duty payable under the stamp law of the state where the document is executed and, if it is executed abroad, any duty payable when it is received in India.

This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.

Relevant law and official sources

Trade Marks Act, 1999: Section 145 (agents)
Trade Marks Act, 1999: Section 143 (address for service)
Trade Marks Rules, 2017: Rule 2(1)(b) (agent)
Trade Marks Rules, 2017: Rule 13 (signing of documents)
Trade Marks Rules, 2017: Rule 17 (address for service; agent's mobile number)
Trade Marks Rules, 2017: Rule 19 (agency; Form TM-M; withdrawal and revocation)

Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India

Trademark power of attorney authorising an agent