Trademark
Trademark Form 48: Power of Attorney for IP India
Why your trademark agent needs this authority on record before anything gets filed, and what the Registry expects today
4 min read
Power of Attorney
The written authority for one person to act for another. Its power comes entirely from how it is worded, which is why the difference between a general and a special one is the first thing to settle.
- The powers granted written narrowly enough to be safe
- Duration, revocation and what happens on incapacity all addressed
- Guidance on stamping, notarisation and registration for your state
- Drafted by experienced lawyers, general or special as the situation needs
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What a power of attorney is
A written authorisation for one person to represent or act on another’s behalf in private, business or legal matters.
A power of attorney, sometimes called a letter of attorney, is a written authorisation to represent or act on another person’s behalf in private affairs, business, or some other legal matter. The person granting the authority is the principal, grantor or donor of the power; the person receiving it is the attorney or agent.
With a power of attorney you can give somebody the ability to write cheques, sign official documents and handle other legal matters on your behalf. It is used where you are not available, where you fall ill suddenly, or where you simply want someone to act for you in a specific situation.
There are different forms of it, and choosing between them is the first decision. A general power of attorney grants broad authority across your affairs; a special power of attorney grants authority for one defined purpose and ends when that purpose is served.
- Granted by
- The principal
- Also called the donor
- Granted to
- The attorney
- Or agent
- Two forms
- General or special
- Broad, or one purpose
- Stamp duty
- Set by the state
- Notarisation
- Usually expected
- Registration
- For some property powers
- Ends on
- Revocation or death
- Or when the purpose is served
Why have one drafted
- A lawyer helps you choose between a general and a special power first
- The powers granted written to cover what you need and nothing more
- Duration and revocation dealt with, rather than left open-ended
- Guidance on stamping, notarisation and registration for your state
- Thousands of customers served across every state in India
What the drafting covers
- A consultation call about what you need the attorney to be able to do
- A power of attorney drafted from scratch, general or special
- The powers listed specifically, with the limits on them written in
- Duration, revocation and substitution dealt with
- Guidance on stamping, notarisation and, where needed, registration
A power of attorney is only as narrow as its wording. Anything the document does not restrict, it permits.
General or special
A general power of attorney
Broad authority across your affairs: banking, property, litigation, business. Useful when you are going to be away or unreachable for a period, and dangerous when granted for a single transaction.
A special power of attorney
Authority for one defined purpose: selling a named property, appearing in one case, operating one account. It ends when that purpose is served, and it is what most people actually need.
Choose the narrower one
If the task is specific, grant a special power. A general power granted for a single property sale authorises the holder to deal with everything you own, and that is how these go wrong.
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What is the difference between a general and a special power of attorney?
A general power grants broad authority across the principal’s affairs. A special power grants authority for one defined purpose and ends when that purpose is served.
Where the task is specific, a special power is almost always the right choice, because it limits what can be done with the document if it falls into the wrong hands.
Does it need stamping or notarisation?
Stamp duty is payable at the rate the state sets, and notarisation is generally expected, because banks, registrars and courts usually ask for a notarised document.
Both are confirmed for your state as part of the drafting rather than assumed.
Does a power of attorney for property have to be registered?
Some property-related powers have to be registered, and the position varies with the state and with what the power authorises.
It is worth settling before the document is executed, because a power that should have been registered and was not is one a sub-registrar will refuse to act on.
How does a power of attorney end?
It can be revoked by the principal, it ends when the purpose it was granted for is served, and it is generally revoked by the death or insolvency of the principal.
Where you want the authority to survive your incapacity, say so on the call. That has to be dealt with deliberately in the drafting rather than assumed.
Can I grant one to somebody outside India?
Yes, and it is common. A power executed abroad usually has to be attested at an Indian mission or apostilled, and then stamped in India within a period of it arriving.
Tell us where the attorney is on the call, because it changes how the document is executed.
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