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Trademark Authorization Letter (TM-48) — Draft Template

Complete guide to authorization letter under Indian IP law. Process, documents, fees, enforcement, latest amendments. Updated March 2026.

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Trademark
Published
March 23, 2026
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Sep 23, 2026
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Last updated: September 2026Verified against: Government sources

Overview

This article provides a comprehensive, plain-language explanation of Trademark Authorization Letter (TM-48) under the Trade Marks Act, 1999 and the Rules made thereunder. Whether you are a business owner, startup founder, IP professional, or creator, understanding these provisions is essential for protecting your intellectual property rights in India.

The relevant provisions are found in Rule 135, read with applicable Rules, Notifications, and Practice Directions issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM) and the Indian IP Office. This article incorporates all amendments up to March 2026.

Why This Matters
Failure to protect your intellectual property can result in loss of exclusive rights, inability to prevent competitors from copying your work, and significant financial losses. Conversely, infringing someone else's IP can lead to injunctions, damages of lakhs to crores, criminal prosecution, and imprisonment. Understanding authorization letter is crucial for every business operating in India.

What the Law Requires

Key Legal Framework

Rule 135 of the Trade Marks Act, 1999 establishes the framework for authorization letter. The provisions cover: (a) what can be protected, (b) who can apply, (c) the application and examination process, (d) rights granted upon registration, (e) term and renewal, (f) enforcement against infringement, and (g) penalties for violations.

The corresponding Rules provide detailed procedural requirements including prescribed forms, fees, timelines, and documentation.

Who Can Apply / Who Is Affected?

Applicant TypeEligible?Special Provisions
Individual / Sole ProprietorYesCan apply personally or through an agent
Partnership Firm / LLPYesApply in the name of the firm/LLP
Company (Pvt/Public)YesBoard resolution authorizing the application recommended
Startup (DPIIT Recognized)YesFee concessions, expedited examination available
Small Entity / MSMEYesReduced fees under applicable rules
Foreign ApplicantYesMust apply through an agent registered in India; convention/PCT priority available
Government / Educational InstitutionYesFee concessions in some cases
Fee Concessions for Startups
DPIIT-recognized startups get significant fee concessions on IP filings -- up to 80% reduction on patent filing fees and 50% on trademark fees. Additionally, startups can avail expedited examination for patents. for DPIIT recognition assistance.

Detailed Explanation with Practical Examples

Example 1: Amit from Faridabad has developed a unique brand name for his clothing line. He wants to prevent others from using the same or similar name. He needs to file a trademark application to secure exclusive rights over the brand name across India.

Example 2: A tech startup in Gurugram has developed a novel algorithm for logistics optimization. They need to evaluate whether this qualifies for patent protection, copyright protection, or trade secret protection -- and take steps accordingly before disclosing it publicly.

Example 3: A designer has created a unique pattern for textile products. She can protect this through design registration (if it is a new and original design applied to an article) or copyright registration (if it qualifies as an artistic work). The choice depends on the nature of the work and the protection needed.

Practical Advice
For authorization letter, always conduct a thorough search of existing registrations before filing. This helps avoid objections, oppositions, and wasted filing fees. our IP team conducts comprehensive searches and advises on the best protection strategy.
Quick recapKey facts & short answers

Key Facts About Trademark Authorization Letter

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes Trademark Authorization Letter end to end for you.

What is authorization letter?

Rule 135 of the Trade Marks Act, 1999 governs authorization letter. It covers eligibility, process, rights, and enforcement.

How long does the process take?

Timelines vary: Trademark registration typically 8-24 months, Patent grant 2-5 years, Copyright registration 2-6 months, Design registration 6-12 months.

Trademark Authorization Letter: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

READY DRAFTTrademark Authorization Letter (Form TM-48)

A Power of Authorisation on Form TM-48 by which an applicant/proprietor authorises a trademark agent or advocate to file and prosecute trademark matters before the Registrar of Trade Marks.

FORM TM-48
(See Rule 19 of the Trade Marks Rules, 2017)

POWER OF ATTORNEY / AUTHORISATION OF AGENT

To,
The Registrar of Trade Marks,
Trade Marks Registry, [Mumbai / Delhi / Kolkata / Chennai / Ahmedabad].

Subject: Authorisation of Agent under Section 145 of the Trade Marks Act, 1999.

I / We, [Name of Applicant / Proprietor], [S/o / D/o / W/o [___] OR a company incorporated under the Companies Act, 2013 having CIN [___]], having my / our principal place of business / registered office at [Full Address], being the applicant / registered proprietor in respect of the trade mark(s) mentioned below,

DO HEREBY APPOINT AND AUTHORISE:

    [Name of Agent / Attorney / Firm]
    [Registered Trade Marks Agent Regn. No. [___] / Advocate enrolment No. [___]]
    having office at [Full Address of Agent]

as my / our Agent and Attorney to act for me / us and on my / our behalf in connection with the following trade mark matter(s):

    Trade Mark            : [Word / Device / Logo]
    Application / Regn No.: [Application No., if any]
    Class(es)            : [Class No.(s) under the NICE Classification]
    Goods / Services      : [Description of goods / services]

AND I / We hereby authorise the said Agent, in respect of the above matter(s), to:

1. make, sign and file the application(s) on Form TM-A and all other forms,
   documents, statements and declarations;
2. prosecute the application(s), respond to Examination Report(s), attend and
   represent me / us at hearings under Section 18(5) / Rule 33 and Show-Cause
   hearings;
3. file, defend and prosecute Notice of Opposition (Form TM-O), Counter-Statement,
   evidence, rectification, renewal (Form TM-R) and connected proceedings;
4. receive all notices, communications and documents from the Registry on my / our
   behalf at the address of the said Agent, which shall be treated as my / our
   address for service under Rule 17;
5. do all such lawful acts as may be necessary or incidental to the above.

I / We ratify and confirm all acts lawfully done by the said Agent by virtue of this authorisation.

This authorisation is valid until revoked by me / us in writing.

Dated this [Day] day of [Month, Year] at [City].

For and on behalf of [Applicant / Company Name]

_______________________________
Signature of Applicant / Authorised Signatory
Name    : [Name]
Designation : [Proprietor / Director / Partner / Authorised Signatory]
[Seal, if a company]

Accepted by the Agent:

_______________________________
[Name of Agent], Regn. No. [___]
How to use & important notes
  • File Form TM-48 as an attachment / linked document with the TM-A application (or any subsequent form) on the IP India e-filing portal; it is not separately stamped and carries no government fee of its own.
  • A single TM-48 can cover multiple applications/marks — list each application number and class clearly.
  • For a company, the signatory must be a Director / authorised person and should affix the company seal; attach the Board Resolution / authority if asked.
  • To change or revoke the agent later, file a fresh TM-48 (revocation) — the Registry sends all communications to the agent on record until then.

Disclaimer: This is a general-purpose template for reference only. Facts, figures, stamp duty and clauses vary with your situation and state law — have it reviewed before use. Need this professionally drafted, stamped and filed? Talk to a TaxClue expert.

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About the author
7,431 articles
Vikas Sharma Verified expert Tax & Compliance Expert

Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.

Last reviewed: Live

Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 4 questions readers ask most on this topic.

Rule 135 of the Trade Marks Act, 1999 governs authorization letter. It covers eligibility, process, rights, and enforcement.

Timelines vary: Trademark registration typically 8-24 months, Patent grant 2-5 years, Copyright registration 2-6 months, Design registration 6-12 months.

Fees depend on applicant category (individual/startup/MSME/company) and whether filing is online or physical. Startups get significant concessions.

Complete IP services including search, filing, prosecution, and enforcement. .