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Chapter XIII - Miscellaneous

Section 145

Section 145: Authorised representatives

Specified acts before the Registrar may be done through a duly authorised legal practitioner, registered trade marks agent or sole and regular employee.

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Need advice on Section 145?

This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is—

(a) a legal practitioner, or

(b) a person registered in the prescribed manner as a trade marks agent, or

(c) a person in the sole and regular employment of the principal.

Rule and business relevance

The permission is subject to the rules and prescribed authorisation. Making an affidavit is expressly excluded from this substitution provision.

Limits and related provisions

Do not treat any consultant as an authorised statutory agent solely because the consultant offers filing services. Verify eligibility, authority and the affidavit exception.

Hypothetical business example

Hypothetical example: A company authorises a registered trade marks agent for Registry work while ensuring the person giving factual evidence makes the required affidavit appropriately.

Practical decision flow

Check the representative’s eligible category.

Complete the prescribed authorisation.

Separate representational acts from making an affidavit.

Applying the Act and current procedure

Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.

Practical checklist

Do

  • Check the representative’s eligible category.
  • Complete the prescribed authorisation.
  • Separate representational acts from making an affidavit.

Avoid

  • Do not treat any consultant as an authorised statutory agent solely because the consultant offers filing services. Verify eligibility, authority and the affidavit exception.

Glossary

Duly authorised person
An eligible representative with the prescribed authority.
Affidavit exception
The act excluded from this permission to act through another person.

Frequently asked questions

Can a sole and regular employee qualify?

Yes, subject to the rules and proper authorisation.

Does the section permit the representative to make every affidavit instead of the principal?

Making an affidavit is expressly excluded from this provision.

Is prescribed authorisation needed?

Yes. Eligibility alone is insufficient.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026