Late submitting of Legalized Power of Attorney for Trademark Purposes and Precedence Doc – Mental Property
United Arab Emirates:
Late filing of legalized power of attorney for trademark applications and priority document
June 03, 2021
United Trademark & Patent Services
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By an official notice published on April 11, 2021 by the UAE Trademarks and Copyright Works Department – Ministry of Economy, the late filing of the legalized power of attorney became “PoA” for new Trademark registrations. If the legalized PoA is not available at the time of filing the trademark application, the applicant or their trademark agent may submit a commitment that the legalized PoA will be filed within “thirty” days from the date of filing the trademark application. There is no official fee for late submission of the PoA.
This notification came at an opportune time, particularly due to the pandemic, with many applicants facing delays in legalizing the PoA, which was imperative at the time of filing a trademark application. This flexibility is also of great importance for claiming priority from trademark owners who were unable to do so due to a lack of PoA.
In accordance with the applicable procedures and in accordance with the rules of the Paris Convention, the priority document can be filed within 3 months of the filing date of the priority application in the UAE. No official fee will be charged for late filing of the priority document.
The official announcement is silent about the possibility of late filing of the legalized PoA for trademark renewal or post-registration registrations. On the contrary, the notice states that late filing of the PoA is not allowed for filing appeals and complaints with the Department of Commerce and that a fully legalized PoA is required at the time of filing such complaints.
As PoA legalization procedures take long in many jurisdictions, it is important for trademark owners to get POA legalized as soon as possible as there are certain local procedures for foreign applicants, such as the UAE Ministry of Foreign Affairs and a certified Arabic translation of the same required.
While local applicants are required to only provide PoA certified by the notary in the UAE.
The content of this article is intended to provide general guidance on the subject. Expert advice should be sought regarding your specific circumstances.
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