According to S.18 of the Trademark Act, 1999, any person claiming to be the proprietor of a trade mark used or proposed to be used by him, and wants to get it registered, shall apply in writing to the Registrar for getting his trademark registered. The section further specifies that a single application may be made for registration of a trademark with respect to different classes of goods and services along with requisite fee payable for each such class of goods or services. Hence, only a proprietor or owner or an agent on behalf of him/her is entitled to file a trademark application in respect of the desired specification of goods or services.
A trademark agent is an individual or lawyer or firm registered with the Indian Trade Marks Registry. Such agents can file a trademark application on behalf of the applicant or proprietor of a firm. The application must indicate the trademark, the goods/services, name and address of the applicant and agent along with a power of attorney and the period of use of the mark. The application can be made in either English or Hindi.
S. 145 of the Act states that an agent can be either a legal practitioner, a person registered in the prescribed manner as a trade agent or person under the sole or regular employment of the principal. S.146 states that no agent of the registered proprietor or representative of the agent can register a trademark without the authority of the proprietor.