Eligibility for Representation
- A trademark applicant may be represented by a qualified advocate registered under the Advocates Act, 1961.
- Representation is also allowed by a registered trademark agent or attorney.
- The person representing must be duly authorized by the applicant in writing.
- This authorization is generally given through a Power of Attorney using Form TM-48.
Role of an Advocate in the Hearing
- An advocate prepares and presents legal arguments on your behalf.
- They examine the objections raised in the Examination Report and draft a suitable reply.
- During the hearing, they address questions, submit documents, and clarify legal points to the Registrar.
- Advocates also handle post-hearing correspondence and appeals if needed.
Benefits of Legal Representation
- Advocates bring knowledge of trademark law and prior case precedents.
- They help structure stronger arguments and improve the chances of acceptance.
- They ensure procedural compliance, such as filing timelines and documentation.
- Legal professionals can advise on further remedies if the application is refused.
Authorization Procedure
- The applicant must execute Form TM-48, authorizing the advocate to act on their behalf.
- The form should be duly signed and filed with the Trade Marks Registry before or along with hearing documentation.
- A valid authorization allows the advocate to attend hearings, file replies, and receive communications.
Virtual and Physical Hearings
- Advocates may appear either in person at the Registry or virtually through video conferencing.
- For virtual hearings, login credentials and hearing links are sent to the advocate’s registered email.
- The advocate is expected to submit documents electronically, in the correct format and time frame.



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