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tonmoy (advocate)     09 March 2020

Power of attorney

Does Power of Attorney remain valid even after the Managing Director of the Company expired.


Quick Summary
This discussion explores the validity of a Power of Attorney (POA) granted for trademark registration in the Middle East after the company's Managing Director (MD) passed away. The core question is whether the POA, executed by the MD on behalf of the company, remains effective or is automatically invalidated by the MD's death. It also touches upon the potential for misuse of the POA for actions like assignment or withdrawal of the trademark.

 5 Replies

Joy Bose   09 March 2020

Hello,
Can you please state the full facts of the case. 
Was the Managing Director the holder of the Power of Attorney?

Regards,
Joy Bose

tonmoy (advocate)     09 March 2020

Dear Joy, POA was executed and duly notarized for registration of trademark in middle East countries. During the process of application the MD of the company expired. Now I want to know does the POA is still valid. Can they mis use the POA for other purposes like assignment of trademark or withdrawal of trademark.

tonmoy (advocate)     09 March 2020

Yes, the MD is the holder of POA.

kavksatyanarayana (subregistrar/supdt.(retired))     09 March 2020

If the MD gave the POA to someone else, and during the process expired, then automatically the POA is not valid.

ANAMIKA VICHARE (LAWYER)     23 March 2020

The POA exists until the deathj of anyone giver or holder.  Or if the POA is changed


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