We would like to share an important update concerning the current practice and expected developments in relation to the submission of Powers of Attorney ('POA') for new trade mark filings in the UAE.
Current Practice
Under UAE Federal Trade Mark Law No. 36 of 2021, the submission of a notarised and legalised Power of Attorney ('POA') is a strict requirement for filing new trade mark applications. The law does not provide for any grace period or permit the late filing of the POA. However, in practice, the UAE Trade Mark Office ('TMO') has issued an internal circular allowing applicants to submit the POA within 90 days from the application filing date.
This practical exception, introduced by the TMO as part of its evolving procedures, has helped applicants who need more time to notarise and legalise their POAs. It gives a short grace period to meet the requirement without the application being immediately rejected.
If the POA was not submitted within this 90-day window, the application would be rejected. However, applicants were permitted to appeal such rejections before the Grievance Committee ('GC') and many relied on this route to reinstate applications that had been rejected solely due to non-submission of the POA.
Anticipated Change
As part of ongoing procedural changes, the UAE TMO is in the process of updating its policy. Although the revised approach has not yet been formally announced, we understand from recent discussions with the IP Office that the new practice is already being applied in practice, with applications now being rejected for failure to submit the POA within the 90-day period. An official communication is expected to be shared with trade mark agents and users shortly.
Under the anticipated update:
- The 90-day grace period for late filing of POAs will remain in place.
- However, failure to submit the POA within the 90-day period will lead to final rejection of the application.
- No right of appeal will be granted in such cases.
This shift is being introduced in response to the growing backlog of appeal cases relating to non-submission of POAs, which have placed a burden on the TMO's internal processes.
Practical Implications for Applicants
It is crucial for applicants and their representatives to ensure that POAs are submitted well within the 90-day window to avoid irreversible rejection of trade mark applications. While the removal of appeal rights may appear rigid, the move underscores the TMO's intent to streamline examination procedures and reduce administrative congestion.
The requirement for a legalised POA continues to be a standing obligation under UAE practice, and the legalisation burden remains a known issue under discussion at various policy levels.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
