How to fill out a Power of Attorney?

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In some cases to file your trademark in a country, we would require a Power of Attorney. The document is required in order to permit our local agent to represent you in Intellectual property matters. It might be required to file your trademark, respond to an objection, file an opposition or assign your trademark. In some countries the Power of Attorney (POA) must be simply signed, at the same time in other countries it must be legalized.

In many countries, trademark Power of Attorney is not required: the US, the UK, Australia, Singapore, Canada (not required to file a trademark), Hong Kong, New Zealand and some other countries. Your order is sufficient to authorize us to file a trademark on your behalf. However, the document might be required in these countries to assign (transfer) your trademark to another owner; respond to an objection; oppose another trademark.

Where trademark Power of Attorney is a must?

A simply signed POA is a must in these countries: Brazil (a scan is sufficient), Russia (original), China (original), Taiwan (original), Philippines (original), EU (scan), Germany (scan), Indonesia (original), ARIPO (original), etc. Your personal manager will fill out the document for you in order to let you to print the document, sign and send it to the attorney. 

It is common to demand a notarized trademark Power of Attorney: Malaysia, Bangladesh, Pakistan, etc. Please note, that a Notary Public, not a solicitor, must sign the document. Usually, it is not difficult to notarize a document; however, in some countries, there might be some difficulties. In China for an instance, some government notaries can notarize only one model of the POAs, which they have approved by the government. In Russia (as well as in many ex-Soviet countries) they cannot notarize documents in a foreign language. Our specialist will support you in these cases in order to overcome these obstacles. 

An POA legalized by Apostille should be presented along with your application in these countries: Greece, Chile, Argentina, Ecuador, etc. The document must be legalized by the Hague Apostille in the countries of the Hague Convention. There are special authorities, which can legalize these types of documents. In the US you can legalize your documents in the Departments of State, in the UK it is the Ministry of Justice/The Legalisation Office. First, you will have to get your documents notarized and then contact the local authority in order to get them legalized. However, we recommend hiring a specialist for these matters. Our agent in London will be happy to assist you (only for the documents originating from the UK).

In some rare cases, the local Consulate of the country of your interest must legalize the POA. This happens, if the country is not a part of the Hague Convention. Your personal Trademark Manager will support you in these matters; however, an assistance of a local specialist might be required. The process will be more complex than getting the Apostille. Our external agent in London is very experienced in legalizing documents for use abroad.

The process:

1. Get the document certified by a notary public

2. Get the signature of the notary confirmed by the local authority

3. Send the document to the Consulate of the country. They will certify the signature of the local authority (extra fee applies). 

4. Send the document to our attorney.

5. The attorney will perform the local legalization of the document and translate it if required (extra fees apply). 

This is a general process and there might be additional steps in some countries.

 

No matter what is the process, you can always rely on us. We will be happy to assist you and make the process of trademark registration as easy as possible. Contact us if you have any questions.

 

 

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