Trademark protection lasts for 10 years and can be renewed for a further period of 10 years. However, you will have to pay an additional fee for such prolongation.
Not every person feels confident about applying to register a trademark by themselves. In such cases you may hire a trademark attorney or a trademark agent (or any other constituted attorney – “Agent”) to file your trade mark application.
If you wish to proceed with an Agent, then Power of Attorney must be executed by an applicant. For such matter The Trade Marks Act, 1999 foresaw a special form of authorization of Agent – Form TM 48.
When filling the TM 48 Form you must remember that you have to specify concrete name/names of your Agents. You can’t file this form in respect for a firm without specifying names of your Agents.
Here is the TM 48 Form. When filling this form don’t forget to Insert full name, address and nationality of applicant and Agent, state the particular matter or proceeding for which the agent is appointed, giving the reference number if known, sign by the person appointing the agent and state the name of the place of the appropriate office of the Trade Marks Registry.
FORM TM M Agent Code No. 6006
TRADE MARKS ACT, 1999
Form of authorization of agent in a matter
or proceeding under the Act,
Sec.123, Rule 21.
GENERAL POWER OF ATTORNEY
I/We ___________________ having office at _______________ do hereby authorize __________, _________, Registered Trade Marks Agents/Advocates and/or their duly authorized persons at COMPANY NAME, COMPANY ADDRESS, to act as my/our agents for filing of new applications and necessary registrations of all my/our applications, conduct oppositions, to maintain registrations in force and to attend to all post-registration works connected with all my/our applications and registrations and we request that all notices, requisitions and communications relating thereto may be sent to such agents at the above address.
We hereby ratify all the acts done by the said agents so far in the above matter.
We hereby revoke all previous authorizations, if any in respect of the same matter or proceeding.
All communications relating to this application may be sent to the following address in India:
Dated at ___________ this _____ day of _________, 201_.
To be stamped under the law for the time being in force.
The Registrar of Trade Marks
The Office of the Trade Marks Registry at_________
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