What is the Process to Change your Power of Attorney?

What is the Process to Change your Power of Attorney?. Trademark owners often must make the tough decision to switch their legal representation for a variety of reasons. These reasons may include dissatisfaction with your current attorney's services, a change in your business set-up, cost considerations, or the need for more specialized expertise as your business grows.
So, is it possible to change your trademark's power of attorney? Yes, it is. Changing the power of attorney or address for service in India involves a series of legal requirements and procedures that must be followed to ensure that the changes are properly recorded and recognized by the relevant authorities. In this article, we will understand the concept of power of attorney, why there might be a need to change the power of attorney, and the process required to make such changes.
Understanding the concept of Power of Attorney
In trademark matters, power of attorney is a legal document that provides the necessary authorization for a designated individual or entity to make decisions and take actions on behalf of the trademark owner. 
The individual or company authorized to act on behalf of the trademark owner oversees communicating with the trademark office, submitting required paperwork, addressing any issues raised, and overseeing the trademark.They serve as the primary connection between the trademark owner and the Indian Trademark Office. 
There could be various reasons why a trademark owner might want to change their power of attorney. It could be possibly due to dissatisfaction with current legal representation, a change in the business structure or location, finding a more specialized attorney for specific trademark issues, cost considerations, or changes in business relationships. Whatever the reason, it is the trademark proprietor’s right to change their legal representation at any time during the trademark process, whether the trademark is still pending registration or has already been registered.
The Process of Changing Power of Attorney
When an agent is authorized, serving any document related to the proceeding on the agent is considered as serving the person who authorized the agent. Communications meant for the person regarding the proceeding can be directed to the agent and appearances before the Registrar can be made by or through the agent. Usually, when the trademark agent is changed or the applicant withdraws the Power of Attorney, he should necessarily file an amendment application through relevant trademark forms for a record of such change in address for the service of the applicant.
1. Change of Power of Attorney Before the Registration of Trademark
If the applicant revokes the authorization in a trademark application where no principal place of business in India is mentioned, they must provide an address for service in India within two months of the revocation. If this address is not provided within the stated period, the application will be deemed abandoned. You can follow these given steps if you wish to change your legal counsel or trademark agent: -
(a) Determine the Change to be made Form TM-M is divided into three parts: - A, B, and C. Part B requires to opt for ‘Purpose of Request.’ You can Request for submitting Authorization of Agent under rule 19.
(b) Prepare application: Apply for such change through Form TM-M (along with supported documents). Attach a scanned copy of the Power of Attorney in favor of the new legal attorney or trademark agent must be provided. This document must be legally valid and give your designated attorney or agent the authority to act on your behalf for all trademark-related issues. The power of attorney should contain: -

Your complete name and address (or your company's details if the trademark belongs to a business) The extent of authority you are conferring

The name and address of your new attorney or agent

The trademark application number

Your signature (or an authorized representative's signature if the trademark belongs to a company).

(c) File the application: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 1000 for physical filing; and INR 900 for E-filing.
2. Change of Power of Attorney After the Registration of Trademark
Form TM-P is used to make requests for substantial post-registration changes for the trademarks such as change of name, description of registered proprietors, change in address, or address for service, etcetera. You can follow these given steps if you wish to change your legal counsel or trademark agent: -
(d) Determine the Change to be made Form TM-P is divided into three parts: - A, B, and C. Part B requires to opt for ‘Purpose of Request.’ You can Request for Amendment in the Proprietor / Registered user’s details.
(e) Prepare application: Apply for such change through Form TM-P (along with supported documents). Attach a scanned copy of the Power of Attorney in favor of the new legal attorney or trademark agent must be provided. This document must be legally valid and give your designated attorney or agent the authority to act on your behalf for all trademark-related issues. The power of attorney should contain: -

Your complete name and address (or your company's details if the trademark belongs to a business) The extent of authority you are conferring

The name and address of your new attorney or agent

The trademark application or trademark registration number

Your signature (or an authorized representative's signature if the trademark belongs to a company).

(f) File the application: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 1000 for physical filing; and INR 900 for E-filing.
Conclusion
Your trademark is more than just a logo or a name – it is a representation of your brand identity and the quality of goods or services you provide. As such, it is important to treat it as an asset and protect it accordingly. This means ensuring that you have the right legal representation on your side to protect your trademark from infringement or misuse.
Changing the power of attorney for your trademark may seem like a daunting task, but with the right guidance and attention to detail, it can be a smooth and easy process. It is important to follow the proper procedures outlined by the governing law while updating your address for service or new legal representation. If you are feeling uncertain about any part of the trademark process, it is always advisable to seek professional advice.
At Compliance Calendar LLP, we are here to simplify your trademark protection processes. Our expert Trademark Agents and Attorneys begin with a quick call to understand your specific situation and needs. We then guide you through every step of the process, from selecting the right form to submitting your request to the Trademark Office. We will help you prepare the necessary documents, including the new power of attorney, ensure all details are correct, and handle the submission on your behalf. If you need assistance with changing your power of attorney or have questions about the process, you may contact us at info@ccoffice.in or connect at 9988424211.
Frequently Asked Questions

Can I change the power of attorney for my trademark?

Yes, it is possible to change the power of attorney for your trademark in India.

When can I change my trademark's power of attorney?

You can change your legal representation at any time during the trademark process, whether the trademark is pending registration or already registered.

Why might someone want to change their trademark's power of attorney?

Reasons may include dissatisfaction with current legal representation, changes in business structure or location, need for specialized expertise, cost considerations, or changes in business relationships.

What is the purpose of Form TM-M?

Form TM-M is used to submit Authorization of Agent under rule 19 before trademark registration.

What is Form TM-P used for?

Form TM-P is used to request substantial post-registration changes in trademarks, including name changes, description of registered proprietors, address, or address for service.

How much does it cost to file Form TM-P?

The prescribed fee is INR 1000 for physical filing and INR 900 for e-filing.

What should the new Power of Attorney document contain?

It should include your complete name and address, the extent of authority conferred, the name and address of your new attorney or agent, the trademark's application or registration number, and your signature.

How can Compliance Calendar LLP assist in this process?

At Compliance Calendar LLP, we are here to simplify your trademark protection processes. Our expert Trademark Agents and Attorneys begin with a quick call to understand your specific situation and needs. We then guide you through every step of the process, from selecting the right form to submitting your request to the Trademark Office. We will help you prepare the necessary documents, including the new power of attorney, ensure all details are correct, and handle the submission on your behalf. If you need assistance with changing your power of attorney or have questions about the process, you may contact us.

Trademark owners often must make the tough decision to switch their legal representation for a variety of reasons. These reasons may include dissatisfaction with your current attorney's services, a change in your business set-up, cost considerations, or the need for more specialized expertise as your business grows.

So, is it possible to change your trademark's power of attorney? Yes, it is. Changing the power of attorney or address for service in India involves a series of legal requirements and procedures that must be followed to ensure that the changes are properly recorded and recognized by the relevant authorities. In this article, we will understand the concept of power of attorney, why there might be a need to change the power of attorney, and the process required to make such changes.

Understanding the concept of Power of Attorney

In trademark matters, power of attorney is a legal document that provides the necessary authorization for a designated individual or entity to make decisions and take actions on behalf of the trademark owner.

The individual or company authorized to act on behalf of the trademark owner oversees communicating with the trademark office, submitting required paperwork, addressing any issues raised, and overseeing the trademark.
They serve as the primary connection between the trademark owner and the Indian Trademark Office.

There could be various reasons why a trademark owner might want to change their power of attorney. It could be possibly due to dissatisfaction with current legal representation, a change in the business structure or location, finding a more specialized attorney for specific trademark issues, cost considerations, or changes in business relationships. Whatever the reason, it is the trademark proprietor’s right to change their legal representation at any time during the trademark process, whether the trademark is still pending registration or has already been registered.

The Process of Changing Power of Attorney

When an agent is authorized, serving any document related to the proceeding on the agent is considered as serving the person who authorized the agent. Communications meant for the person regarding the proceeding can be directed to the agent and appearances before the Registrar can be made by or through the agent. Usually, when the trademark agent is changed or the applicant withdraws the Power of Attorney, he should necessarily file an amendment application through relevant trademark forms for a record of such change in address for the service of the applicant.

1. Change of Power of Attorney Before the Registration of Trademark

If the applicant revokes the authorization in a trademark application where no principal place of business in India is mentioned, they must provide an address for service in India within two months of the revocation. If this address is not provided within the stated period, the application will be deemed abandoned. You can follow these given steps if you wish to change your legal counsel or trademark agent: -

(a) Determine the Change to be made Form TM-M is divided into three parts: - A, B, and C. Part B requires to opt for ‘Purpose of Request.’ You can Request for submitting Authorization of Agent under rule 19.

(b) Prepare application: Apply for such change through Form TM-M (along with supported documents). Attach a scanned copy of the Power of Attorney in favor of the new legal attorney or trademark agent must be provided. This document must be legally valid and give your designated attorney or agent the authority to act on your behalf for all trademark-related issues. The power of attorney should contain: -

Your complete name and address (or your company's details if the trademark belongs to a business) The extent of authority you are conferring
The name and address of your new attorney or agent
The trademark application number
Your signature (or an authorized representative's signature if the trademark belongs to a company).

(c) File the application: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 1000 for physical filing; and INR 900 for E-filing.

2. Change of Power of Attorney After the Registration of Trademark

Form TM-P is used to make requests for substantial post-registration changes for the trademarks such as change of name, description of registered proprietors, change in address, or address for service, etcetera. You can follow these given steps if you wish to change your legal counsel or trademark agent: -

(d) Determine the Change to be made Form TM-P is divided into three parts: - A, B, and C. Part B requires to opt for ‘Purpose of Request.’ You can Request for Amendment in the Proprietor / Registered user’s details.

(e) Prepare application: Apply for such change through Form TM-P (along with supported documents). Attach a scanned copy of the Power of Attorney in favor of the new legal attorney or trademark agent must be provided. This document must be legally valid and give your designated attorney or agent the authority to act on your behalf for all trademark-related issues. The power of attorney should contain: -

Your complete name and address (or your company's details if the trademark belongs to a business) The extent of authority you are conferring
The name and address of your new attorney or agent
The trademark application or trademark registration number
Your signature (or an authorized representative's signature if the trademark belongs to a company).

(f) File the application: Apply to the Registrar of Trademarks. Pay the prescribed fee of INR 1000 for physical filing; and INR 900 for E-filing.

Conclusion

Your trademark is more than just a logo or a name – it is a representation of your brand identity and the quality of goods or services you provide. As such, it is important to treat it as an asset and protect it accordingly. This means ensuring that you have the right legal representation on your side to protect your trademark from infringement or misuse.

Changing the power of attorney for your trademark may seem like a daunting task, but with the right guidance and attention to detail, it can be a smooth and easy process. It is important to follow the proper procedures outlined by the governing law while updating your address for service or new legal representation. If you are feeling uncertain about any part of the trademark process, it is always advisable to seek professional advice.

Frequently Asked Questions

Can I change the power of attorney for my trademark?

Yes, it is possible to change the power of attorney for your trademark in India.

When can I change my trademark's power of attorney?

You can change your legal representation at any time during the trademark process, whether the trademark is pending registration or already registered.

Why might someone want to change their trademark's power of attorney?

What is the purpose of Form TM-M?

Form TM-M is used to submit Authorization of Agent under rule 19 before trademark registration.

What is Form TM-P used for?

Form TM-P is used to request substantial post-registration changes in trademarks, including name changes, description of registered proprietors, address, or address for service.