Guidelines for the Review of Notarial Certification of Signatures on Power of Attorney and Letter of Appointment
Preamble
On June, 17 2026, Trademark Office Division of Department of Intellectual Property (DIP), Thailand, issued Guideline concerning the examination of trademark registration applications in cases where a Power of Attorney or Letter of Appointment is submitted with signatures certified by a Notary Public.
This guideline clarify how notarized Powers of Attorney and Letters of Appointment will be examined in the registration process, particularly in relation to the validity period of notarial certifications and the status of Notary Public, thereby promoting consistency and legal certainty for applicants.
Key Provision
- Where the Document Expressly Specifies the Validity Period of the Notarial Certification
If the Power of Attorney or Letter of Appointment contains an express validity period in the notarial certification (e.g., “effective from [date] to [date]” or “valid for [number] years from the date of certification”), and such validity period has expired prior to the filing date, the document will be regarded as not having a valid notarial certification as of the filing date.
In such cases, the Registrar will instruct the applicant to rectify the deficiency by submitting either:
- the previously executed Power of Attorney with a renewed notarization; or
- a newly executed Power of Attorney duly notarized by a Notary Public.
- Where the Notary Public’s Seal or Certification Refers to an Expiry Date of the Notary Public’s Status or License
Where the Notary Public’s seal or certification contains a reference to an expiry date concerning the Notary Public’s status or license, such reference shall be construed as relating solely to the Notary Public’s professional standing and authority to act in an official capacity, and not to the validity period of the notarized signature.
Accordingly, provided that the Notary Public is duly authorized and in good standing at the time of notarization, the notarization shall remain valid, even if the Notary Public’s status or license expires after the date of execution but prior to the filing date. In such circumstances, the Power of Attorney or Letter of Appointment shall remain valid and effective.
Conclusion
For applicants and practitioners, the key takeaway is the need for timely and properly certified documentation to avoid delays or rejection. With these rules in place, trademark filings can proceed with greater confidence, provided that certification requirements are carefully observed.
How ILAWASIA assists you
ILAWASIA remains committed to assisting applicants in navigating this government authority’s guideline in Trademark practices. Our team reviews and verifies Power of Attorney or Letter of Appointment for compliance, advises on certification validity and corrective measures, coordinates directly with the relevant entities to secure timely certifications, and applies cross‑border expertise to harmonize trademark practices across ASEAN jurisdictions. This comprehensive support ensures efficient, compliant, and risk‑free trademark registration both in Thailand and across the region.
