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S. Srinath (Trademark Agent)     11 December 2009

Execution of Power of Attorney

What are the procedures for execution of the Power of Attorney if the client is abroad and wishes to file a trademark application in India.

Would it need to be legalized or notarized? How is it to be stamped?



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 6 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     11 December 2009

 FIRST SEND A RS.100/- NJ STAMP TO UR FRIEND IN ABROAD AND GET IT SIGNED IN ALL PAPERS (EXTRA TWO BOND PAPERS) AND DULY ATTEST BY INDIAN EMBOSSY OR NOTORY PUBLIC IN BLANK.

THE BELOW ATTACHMNT  IS THE MATTER, U CAN MODIFY AS PER YOUR REQUIREMENT.


Attached File : 13 13 power of atterny for courts.doc downloaded: 303 times

Sandeep Kumar Pathriya (Associate)     11 December 2009

Dear Mr.Srinath, for filing a TM application for a foreign client send him the prescribed Form TM 48 on plain paper given in TM Act, and instruct him to execute it and get it notarized in his country and on receiving this POA in India attach a Rs.50/- stamp paper mentioning on it that it forms part of that POA. This is the only requirement for the Trade Marks Registry.

A V Vishal (Advocate)     11 December 2009

DEAR PJR

A NJ CANNOT BE ATTESTED BY A INDIAN EMBASSY ABROAD OR A FOREIGN NOTARY PUBLIC. THE PROCEDURE IN CASE OF SUCH POA IS DIFERENT

Vedaa Mirazkar (98457 02459) (Lawyer)     15 December 2009

Print the POA on plain paper and send it to your friend abroad.  After his signatures (in case of a company, signature of authorized signatory + company's seal is required), he has to get it notarized in his country.  After execution and notarization, he may send back the papers.  You may get the papers franked here with the Registrar of your jurisdiction. 

S. Srinath (Trademark Agent)     16 December 2009

Thanx for the reply. Are you sure that it is necessary to get notarized?

Vedaa Mirazkar (98457 02459) (Lawyer)     18 December 2009

Yes. Notarization there is necessary. We are following the same procedure for our clients who are based abroad, and as such I'm sure.


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