UAE Trademark Office Tightens POA Submission Rules, Eliminating Appeals for Non-Compliance
Dubai, UAE – The UAE Trade Mark Office (TMO) is implementing a significant procedural update regarding the submission of Powers of Attorney (POAs) for new trademark applications. This shift aims to streamline the application process and address the growing backlog of appeal cases related to non-submission of POAs.
Under Federal Trade Mark Law No. 36 of 2021, a notarised and legalised POA is a mandatory requirement for filing new trademark applications, with no statutory grace period for late submission. Historically, however, the TMO introduced an internal circular that allowed applicants a 90-day window from the application filing date to submit the required POA. Failure to meet this deadline typically led to the application’s rejection, though applicants previously held the right to appeal such rejections before the Grievance Committee (GC). This appeal mechanism often allowed for the reinstatement of applications rejected solely due to POA non-submission.
Upcoming Policy Revisions
While an official announcement is pending, discussions with the intellectual property office indicate that the revised approach is already being applied in practice. The core changes under the anticipated update are:
- Continued 90-Day Grace Period: The existing 90-day grace period for submitting POAs after the initial application filing will remain in effect.
- Final Rejection for Non-Compliance: Crucially, failure to submit the POA within this 90-day period will now result in the final rejection of the trademark application.
- Elimination of Appeal Rights: A key change is the removal of the right to appeal in cases where an application is rejected due to the non-submission of the POA within the stipulated 90-day timeframe.
This strategic move by the TMO is understood to be a direct response to the increasing volume of appeal cases, which have placed considerable strain on the TMO’s administrative resources and internal processes.
Implications for Trademark Applicants
This procedural tightening necessitates a more rigorous approach from applicants and their representatives. It is now imperative to ensure that all required POAs are prepared, notarised, legalised, and submitted well within the 90-day grace period to prevent irreversible rejection of trademark applications. The removal of appeal rights underscores the TMO’s intent to enforce compliance and enhance the efficiency of its examination procedures.
The obligation for a legalised POA continues to be a standing requirement under UAE practice, and the broader discussion surrounding the burden of legalisation persists at various policy levels.