Form TM-M explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The authorisation of an agent for the purposes of section 145 of the Trade Marks Act, 1999 is executed in Form TM-M under rule 19(1) of the Trade Marks Rules, 2017. This page was earlier titled "Form TM-48", a number from the older Rules that is not found in the 2017 Second Schedule. If you want someone to act for you before the Registry, our trademark registration team can prepare the authorisation along with the filing it supports.
Rule 19(1) says the authorisation of an agent for the purpose of section 145 shall be executed in Form TM-M. Once it is made, service on the agent is deemed service on the principal, and communications and appearances before the Registrar may be through the agent (rule 19(2)). The Registrar can still require the applicant's personal signature or presence (rule 19(3)). If the agent withdraws, or the authorisation is revoked, and no principal place of business in India is stated, you must give an address for service in India within two months or the application or opposition is deemed abandoned (rule 19(4) and (5)).
The old number and the current form
The 2002 Rules had a separate numbered power-of-attorney form. In the 2017 Rules, that task falls under Form TM-M, the miscellaneous-requests form. The Second Schedule lists TM-M for a long list of requests (extension of time, certified copies, preliminary advice, review of a decision and "any other matters not covered in other TM forms"), and rule 19(1) names it for agents. Form TM-G is a different form: it is for registration as a trademark agent, continuation, restoration and alteration of an agent's entry (rules 147, 153 and 154). Section 145 governs who may act as an agent, so read it before you appoint; the form for the authorisation is TM-M either way.
Who signs and what it does
| Point | What rule 19 says |
|---|---|
| Form | TM-M (rule 19(1)) |
| Purpose | Authorisation of an agent for the purpose of section 145 |
| Service | Service on the agent is deemed service on the person authorising him (rule 19(2)) |
| Communications | May be addressed to the agent (rule 19(2)) |
| Appearances | May be made by or through the agent (rule 19(2)) |
| Personal presence | The Registrar may require personal signature or presence of the applicant, opponent, proprietor, registered user or other person (rule 19(3)) |
The statute behind the rule is covered in sections 145 and 146: trade mark agents, and the rule in rule 19: agency and authorisation of agent.
What the authorisation should say
Rule 19 does not set out a template, so the content follows the matter. A well-drawn authorisation identifies the principal and the agent, the mark or application number, and the class or proceeding it covers. It should say clearly whether the agent may file applications, reply to examination reports, attend hearings, receive notices and take part in opposition. Our authorisation letter draft shows the usual wording. A company should have a person authorised by it sign the document.
Address for service when an agent steps away
Rule 19(4) deals with an applicant or opponent whose application or opposition does not mention a principal place of business in India. If the agent withdraws from the proceeding or from doing any authorised act, the applicant or opponent must provide an address for service in India within two months of the withdrawal. Failure to do so means the application or opposition is deemed abandoned. Rule 19(5) applies the same two-month period where the applicant or opponent revokes the authorisation. Rules 17 and 18 deal with the address for service generally; see rules 17 and 18.
| Event | Period | Result of failure |
|---|---|---|
| Agent withdraws (no Indian place of business stated) | Two months from withdrawal (rule 19(4)) | Application or opposition deemed abandoned |
| Authorisation revoked (no Indian place of business stated) | Two months from revocation (rule 19(5)) | Application or opposition deemed abandoned |
Fee
The First Schedule lists a fee against each purpose of Form TM-M in entries 13 to 18, for example extension of time, certified copies, amendment of an application and expedited processing. It does not name the agent's authorisation as a separate head, and there is a general entry for matters not covered in other TM forms. Check the current Schedule and the fee shown on the e-filing portal before relying on any figure. Under rule 10(5), where a fee is payable and a document is filed without it or with insufficient fee, the document is deemed not filed.
Practical points
- Execute a fresh authorisation when you change the agent, and say so in the filing, because the Registry sends notices to the address on record.
- Keep the principal's address for service accurate, because notices from the Registry are sent to the address on record (see rules 17 and 18).
- Do not assume an agent's authorisation lets him sign everything. The Registrar may require your personal signature or presence under rule 19(3).
- If the agent is also the person who signs the application, see Form TM-A: filing the application for who signs under rule 23(1).
Common mistakes
- Using "TM-48" in the document title and in the portal description. The prescribed form is TM-M.
- Confusing TM-M with TM-G, which is used by an agent for his own registration.
- Letting an agent withdraw and ignoring the two-month period for a new address for service in India.
- Using one authorisation for a different mark or proceeding than the one it names.
Need help with an agent authorisation?
If you are appointing an agent for a filing, a reply or a hearing, the authorisation should match the work. Our trademark registration service prepares the Form TM-M authorisation along with the application or reply it supports.
Key takeaways
- The agent's authorisation under section 145 is Form TM-M (rule 19(1)), not TM-48.
- Service on the agent is service on the principal.
- The Registrar can still call for your personal signature or presence.
- Two months is the period to give an address for service in India after withdrawal or revocation, where no Indian place of business is stated.
- Form TM-G is for the agent's own registration.
Read next
- Rule 19: agency and authorisation of agent
- Rules 146 to 149: agent registration procedure
- Section 145: trade mark agents
- Trademark authorisation letter: draft template
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form on the IP India portal. This article is general information, not legal advice.