Power of Attorney for Trademark Filing — Form TM-48 Guide India

Verified against Trade Marks Rules 2017, Rule 17. Last updated May 2026. Authored by Legismith Partners LLP — Pune.

Every trademark application filed through a trademark attorney in India requires a valid Power of Attorney (Form TM-48) authorising the attorney to file and correspond on the applicant’s behalf. Without a valid POA, the Trade Marks Registry does not recognise the attorney’s authority to represent the client. This guide explains what the POA is, who signs it, and how Legismith handles the process with zero inconvenience to the client.

What Is a Trademark Power of Attorney?

A Power of Attorney (Form TM-48) is a legal document under Rule 17 of the Trade Marks Rules 2017 that authorises a registered trademark attorney or agent to file trademark applications and conduct all correspondence with the Trade Marks Registry on behalf of the applicant. It is a mandatory document for all trademark filings done through an attorney. The government fee for filing Form TM-48 is ₹0 — zero; there is no separate charge for submitting the POA.

The POA must be executed (signed) by the applicant before or at the time of filing the trademark application. A POA signed after the application is filed is not valid for that application. Legismith prepares a pre-filled Form TM-48 for every client — you only need to sign and return it.

Who Needs to Sign the Power of Attorney?

Applicant Type	Who Signs the POA	Designation Required
Individual / Sole Proprietor	The individual applicant personally	State “Proprietor” or “Individual”
MSME (Udyam Registered)	The proprietor (if sole proprietor) or an authorised partner/director	State designation and UDYAM number
DPIIT Recognised Startup (Private Ltd)	Any Director of the company	State “Director” and DIN number
Private Limited Company	Any Director authorised by a Board Resolution	State “Director” — Board Resolution not mandatory but recommended
LLP	Any Designated Partner	State “Designated Partner” and DPIN
Partnership Firm	Any partner authorised by the partners	State “Partner”
Trust / Society / NGO	Trustee, Secretary, or authorised office bearer	State official designation in the trust/society

Documents Required Alongside the POA

• Individuals: Signed Form TM-48 only
• MSME applicants: Signed Form TM-48 + Udyam Registration Certificate
• DPIIT Startups: Signed Form TM-48 + DPIIT Startup Recognition Certificate
• Companies and LLPs: Signed and stamped Form TM-48 + Certificate of Incorporation (MCA)
• Partnerships: Signed Form TM-48 + Partnership Deed extract
• Trusts and Societies: Signed Form TM-48 + Trust Deed / Registration Certificate

How Legismith Handles the POA — Zero Hassle

Legismith prepares a pre-filled Form TM-48 template for every client — we fill in the applicant name, address, attorney details, and scope of authority based on the information you provide. The template is sent to you via WhatsApp or email as a PDF. You print, sign (company seal if applicable), scan, and return — the entire process takes 10 minutes. There is no requirement to visit our office or courier any documents. Everything is handled digitally.

The signed POA is filed alongside the trademark application on the IP India portal. A copy is maintained in the LEGIDESK system throughout the engagement.

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Frequently Asked Questions — Trademark Power of Attorney

Is the trademark Power of Attorney a notarised document?

No. The trademark Power of Attorney (Form TM-48) under Rule 17 of the Trade Marks Rules 2017 does not require notarisation for domestic India trademark filings. A simple signature by the authorised signatory on the prescribed form is sufficient. For foreign applicants filing in India (inbound international filings), notarisation and apostille may be required — but for Indian applicants, notarisation is not needed.

Can one Power of Attorney cover multiple trademark applications?

Yes. A General Power of Attorney (Form TM-48) can be worded broadly to cover all trademark matters — past and future — before the Trade Marks Registry. Legismith typically prepares a general POA that covers all filings in the engagement, so you do not need to sign a new POA for each application. However, if the applicant name or entity structure changes (e.g., a sole proprietor converts to a private limited company), a fresh POA under the new entity is required.

What happens if the Power of Attorney is not filed with the application?

If the trademark application is filed without a POA, the Trade Marks Registry issues a formal objection and the attorney cannot correspond further until a valid POA is filed. Under the Trade Marks Rules 2017, the POA must be filed before or at the time of the application. Legismith handles the POA as part of the standard pre-filing checklist — we do not file any application without a valid, signed POA in hand.

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