Qatar issues updates on POA for trademark prosecution
08 July 2024
On June 25, 2024, the Qatari Intellectual Property Department issued an official circular outlining significant updates to the requirements for Powers of Attorney (POAs) needed for trademark prosecution. One major change is that POAs legalized abroad by the Qatari embassy now require local attestation by the Qatar Ministry of Foreign Affairs. In addition, any POAs not originally drafted in Arabic must be accompanied by a certified Arabic translation.
The new requirements also stipulate that Powers of Attorney older than three years from their issuance date must obtain a validation stamp from the Qatar Ministry of Justice. These updates are critical for maintaining compliance with the latest regulations and ensuring smooth and timely trademark prosecution.
Jehad Ali Hasan, CEO, JAH Intellectual Property, Doha
“The process of acquiring local attestation of POAs by the Qatar Ministry of Foreign Affairs (MOFA) is designed to be both fast and streamlined,” said Jehad Ali Hasan, CEO at JAH Intellectual Property in Doha. “For Powers of Attorney already legalized by the Qatari embassy abroad, the attestation of MOFA can be secured within a remarkable timeframe of 24 hours, maximizing efficiency. This streamlined approach eliminates the need for a complex series of steps; rather, an existing POA can be presented directly to the MOFA’s attestation section, where it will be promptly legalized.”
Hasan also emphasized the critical role of ensuring the accuracy and acceptability of certified Arabic translations for POAs not originally drafted in Arabic. This process is crucial for clear communication and avoiding potential delays in trademark prosecution.
To achieve high-quality translations, Hasan enumerated several key measures: “Firstly, we prioritize collaboration with highly reputable translation agencies that specialize in legal document translation. These agencies have a rigorous selection process in place, guaranteeing that their translators are not only native Arabic speakers but also possess a deep understanding of legal terminology. This ensures that the nuances and intent of the original POA are faithfully conveyed in the translated document.
“Secondly, the translations themselves undergo a multi-layered review process. This meticulous approach guarantees that the translated document accurately reflects the original POA in every detail. This multi-step review eliminates the risk of any inaccuracies or misunderstandings that could arise during the trademark application process.
“Finally, we take proactive steps to eliminate common pitfalls that might affect the accuracy of translation. One key measure is partnering with established agencies, which effectively eliminates the risk of working with unqualified translators who may misinterpret
legal terms and such translations are also reviewed by JAH specialized team before accreditation.”
By implementing these comprehensive measures, Hassan assured that the certified Arabic translation would be accurate and fully accepted by the Qatari Intellectual Property Department.
Mohcine Fattah, an IP Senior Director at the same firm, said that while the new regulations require a validation stamp from the Qatar Ministry of Justice for Powers of Attorney exceeding three years from their issuance date, the process itself is designed to be straightforward and have minimal impact on trademark prosecution timeline.
According to Fattah, the following steps should be carried out to obtain a Validation Stamp:
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Documentation Preparation. This necessitates the review of the POA and ensures that it has exceeded three years from its legalization date.
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Ministry Submission. The POA is submitted to the designated attestation department at the Qatar Ministry of Justice. The ministry has streamlined procedures for processing these requests, ensuring a swift turnaround.
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Validation and Return. Once the ministry verifies the POA’s authenticity and validity, they will affix the validation stamp. The timeframe for this process is typically within 48 hours, minimizing any delays in your trademark prosecution.
Fattah said: “The validation process is designed to be as efficient as possible, with a minimal impact on your overall trademark prosecution timeline. In most cases, acquiring the validation stamp adds only 48 hours to the process.”
He added: “The recent regulations for POAs in Qatar introduce a more standardized approach to trademark prosecution. While there are some additional steps involved, the ultimate goal is to create a more efficient and transparent system for companies. The impact on cost and timeline is minimal.”
Additionally, Fattah listed the strategies that companies can employ to efficiently comply with these updated regulations:
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Dual Language POA: Obtaining a POA drafted in both English (or the applicant’s local language) and Arabic can potentially avoid the need for certified translations in Qatar.
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Local Attestation: The process for local attestation of POAs exceeding three years by the Ministry of Justice or POAs attested by the MOFA is generally considered easy and fast.
