Rule 19 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.
Rule 19 explains how a person authorises an agent to act for him before the Trade Marks Registry. The authorisation is made in Form TM-M. Once it is on record, documents served on the agent count as served on the principal, communications may be addressed to the agent, and the agent may appear. The rule also deals with what happens if the agent withdraws or the authorisation is revoked. If you plan to use an agent for your trademark registration, this is the rule that governs the arrangement.
Authorisation of an agent for the purpose of section 145 is executed in Form TM-M (rule 19(1)). Service on the agent is service on the principal, and appearances may be made through the agent (rule 19(2)). The Registrar may still require 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, an address for service in India must be given within two months, failing which the application or opposition is deemed abandoned (rule 19(4)-(5)).
Sub-rule (1): authorisation in Form TM-M
Rule 19(1): "The authorisation of an agent for the purpose of section 145 shall be executed in Form TM-M." The meaning of "agent" is in rule 2(1)(b): a person authorised to act as such under section 145 of the Act. The Act's provisions on trade mark agents are in sections 145 and 146.
The Form's own text helps. TM-M lists, among its purposes, "For submitting Authorization of Agent under rule 19", with a note that "The copy of the Power of Attorney must be attached". The Form also asks for the agent's name, address, mobile number, email address, the nature of the agent (a registered trade marks agent, an advocate or a constituted attorney) and the registration number.
Two observations. First, the Second Schedule's list of rules for Form TM-M does not name rule 19, though the Form itself carries the item, so we treat the Form's item as the guide. Second, the Rules do not say which First Schedule entry applies to an authorisation. The text is silent, so check the current Schedule and the Registry's online form for any fee.
Sub-rule (2): what authorisation does
| Effect | Text |
|---|---|
| Service | "service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so authorising him" |
| Communications | "all communications directed to be made to such person in respect of the proceeding or matter may be addressed to such agent" |
| Appearances | "all appearances before Registrar relating thereto may be made by or through such agent" |
So the agent becomes the channel for notices and hearings. The Form's note says the agent's address may be mentioned as the address for service of the applicant, registered proprietor, opponent or third party. That is how most filings by agents are made in practice, but the rule itself does not require it.
Sub-rule (3): personal signature or presence
"In any particular case, the Registrar may require the personal signature or presence of an applicant, opponent, proprietor, registered user or other person." The authorisation does not remove this power. The rule does not say when the Registrar will use it. A principal should be ready to attend if called, even where an agent is on record.
Sub-rule (4): the agent withdraws
"In case of withdrawal by the agent from the proceedings or from doing any act for which he has been authorised, in respect of an application or opposition wherein no principle place of business in India is mentioned, the applicant or opponent shall, within a period of two months from the date of such withdrawal, provide an address for service in India. If he fails to provide address for service in India within such period, he shall be deemed to have abandoned the application or opposition, as the case may be."
(The text spells it "principle place of business"; we read it as "principal place of business" and flag the slip.)
Sub-rule (5): the authorisation is revoked
Rule 19(5) mirrors sub-rule (4) for revocation by the applicant or opponent. The same two months run "from such revocation", and the same consequence follows: if no address for service in India is provided, the application or opposition is "deemed to have abandoned".
| Event | Who must act | Time | Consequence of default |
|---|---|---|---|
| Agent withdraws (rule 19(4)) | Applicant or opponent with no principal place of business in India mentioned | Two months from the withdrawal | Application or opposition deemed abandoned |
| Authorisation revoked (rule 19(5)) | Same | Two months from the revocation | Same |
Both sub-rules apply only where "no principle place of business in India is mentioned". An applicant who has stated a principal place of business in India is not caught by this two-month rule. Note that the text counts the two months from the withdrawal or revocation, not from the date the other side or the Registry learns of it.
Example: Greenleaf Exports Ltd, a foreign company with no place of business in India, authorises an agent on Form TM-M and files its application through him. Months later the agent withdraws. Greenleaf must provide an address for service in India within two months of the withdrawal. If it does nothing, the application is deemed abandoned under rule 19(4). Greenleaf should appoint a new agent and file a fresh authorisation promptly. The address-for-service rules in rule 17 explain what an address must contain.
Related points
- The application on Form TM-A "shall be signed by the applicant or his agent" (rule 23(1)), and rule 13 allows signing by a person duly authorised.
- An agent under rule 19 need not be a "registered trademark agent"; that narrower term is defined in rule 2(1)(r). Form TM-M lets the agent be a registered trade marks agent, an advocate or a constituted attorney.
- Do not confuse this rule with the 2002-era agent authorisation form number found in some older guides; the 2017 Rules name Form TM-M.
Version note
The text is the Rules as notified on 6 March 2017. Later amendments may have changed the Form or the time limits; check them.
Need help with appointing or changing an agent?
A missed two-month period after an agent leaves can end an application. If you need an agent or want to replace one, our trademark registration team can take the authorisation, the address for service and the filing in hand.
Key takeaways
- The authorisation of an agent is executed in Form TM-M, with the power of attorney attached.
- Service on the agent is service on the principal; appearances may be through the agent.
- The Registrar may still call for personal signature or presence.
- If the agent withdraws or is revoked and no principal place of business in India is stated, the applicant or opponent has two months to give an address for service in India.
- Failing that, the application or opposition is deemed abandoned.
Read next
- Rules 17–18: address for service and service of documents by the Registrar
- Rules 12–13: size of documents and signing of documents
- Rule 23: form and signing of the application
- Documents required for trademark registration
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. This article is general information, not legal advice; check the official text before acting.