Trademark Law permits the registration of new trademarks if they are not the same as or substantially similar to any trademarks that have previously been registered or requested from the Ministry of Economy. The department must confirm that the minister has consented to trademarks connected to the monitoring or testing of certain items.
Submitting the Power of Attorney is one of the most crucial requirements for a new trademark application in the UAE. The document, as mentioned above, effectively gives the agent(s) or advocate(s) the right to represent and speak on behalf of an application before the Trademark Office, which the Ministry of Economy runs. It must be bilingual i.e. in English and Arabic, or it must be in Arabic. If it is headquartered outside UAE, it must also be notarized by a notary public and authorized up to the UAE consulate in the applicant’s country.
However, only a signed Power of Attorney may be presented with an application at the time of filing; the legally verified legalized Power may be submitted afterwards.
What is a Power Of Attorney?
A power of attorney (POA) is a notarized instrument that enables you to choose a person (an agent) to handle your financial and property affairs if you lose mental capacity or must go abroad for an extended time and are unable to do it yourself. You must be above 21 and have a sound mind to select someone as your agent.
What distinguishes a special POA from a standard POA?
A general POA enables an agent to represent you, the principal, in a range of circumstances. A general POA gives the agent broad authority to handle your affairs while you are out of the UAE or incapable of managing them yourself.
A Special POA only gives the agent the authority stated in the POA agreement.
Our attorneys will explain each kind to you to help you choose the POA that will best meet your requirements. They will next ensure the document is well written, giving the agent clear and concise authority.
All You Need To Know – How to give Power of Attorney for A Friend
Power of Attorney for Trademark Registration in the UAE
A power of attorney is a legal instrument that grants someone the authority to handle another person’s funds or property. Under the new Federal Decree No, the government has announced new executive rules relating to trademark law, which necessitates POA and trademark application. (36) of 2021. A necessary power of attorney is an additional requirement for applicants planning to submit a trademark.
Additionally, the applicant may be required to pay fees to receive POA. Furthermore, as our top attorneys in Dubai have said, this procedure necessitates additional administrative work, which may deter start-ups, small and medium-sized businesses, and those with a minimal operating budget. It will have a detrimental effect on new trademark applications.
Application Filing Requirements for Trademarks in the UAE
- Address and the full name of the applicant
- The applicant’s Power of attorney has been properly notarized by a Notary Public and legalized until the UAE consulate. A power of attorney should be submitted together with the trademark application.
- A list of the products and services the application will cover.
- Electronic or soft copy of the trademark that will be registered.
- If priority is claimed, a certified copy of the priority application (claiming priority can be made only within six months from the first filing date in a member state under the Paris Convention).
The period for the submission of Power of Attorney for Trademark Registration in the UAE
A fully authorized Power of Attorney could previously only be used to support a trademark application if given outside of the United Arab Emirates. Due to the lengthy legalization process, this has always presented problems. With the promise that the legalized POA for Trademark Registration in the UAE would be provided within 30 days, the UAE Trademarks Office accepted the practice in April 2021, enabling trademark applications to be filed without one.
A 30-day undertaking and a copy of the duly executed Power of Attorney will no longer be accepted, according to a new circular from the Ministry that was published on June 3, 2021. Instead, the applicant must include the Power of Attorney’s translation. Within 30 days of applying, the legalized Power of Attorney must be turned in. The application will be turned down if the legalized Power of Attorney is presented after the deadline.
Despite the simplified processes, it is advised to apply with the legalized Power of attorney to prevent cancellation of the application should the legalization of the Power of attorney be postponed for any reason. This method only applies to trademark applications; it does not apply to trademark renewals, third-party oppositions, or the recording of transfers, licenses, or owner information.
You may want to know: Misuse Of A Power Of Attorney And Its Effects In The UAE
How may Notary Public Dubai assist you?
To register a trademark in the UAE, among the essential papers that multinational firms must present is the POA. Additionally, it is a requirement for other procedures such as license renewals, changes in ownership, and the recordation of assignments. Our lawyers at Notary Public Dubai may advise you about the requirement of Power of Attorney for Trademark Registration in the UAE.
For any query related to Power of Attorney for Trademark Registration in the UAE, please don’t hesitate to contact Notary Public Dubai highly skilled staff in the UAE. Ensure your trademark is protected in the UAE by consulting with our lawyers.
Manal Elysyed carries with her an extensive experience of 20 years across a full range of notarial and legalization matters. It is this experience that helps her in delivering the right notary solutions to clients from diversified industries.