The Industrial Property Office of Ghana has issued a notice reminding applicants and agents to strictly comply with the requirements for Powers of Attorney (POA) under the Powers of Attorney Act, 1998 (Act 549) and Regulation 1 of the Trade marks (Amendment) Regulations, 1972 (L.I. 792). The reminder follows observations that several POAs recently submitted were non-compliant.

Key requirements for POAs

The Registrar has clarified that all POAs must include the following mandatory elements:

1. Official letterhead and seal
2. The POA must be issued on the applicant company’s official letterhead and bear its stamp/seal, if available.
3. Authorized signatory details
4. The personal name, designation, and signature of the authorized signatory or proprietor (the donor) must be clearly stated.
5. Donor’s signature and witnesses
6. If the donor signs the POA directly, it must be witnessed by one witness.
7. If an authorized person signs on behalf of the donor, it must be witnessed by two witnesses.
8. The names and signatures of all witnesses must be clearly indicated.

Implications for applicants

Failure to comply with these formalities may result in delays or rejection of filings. Applicants are strongly advised to ensure that POAs are prepared in strict conformity with the law to avoid setbacks in trade mark prosecution.

For further information on POA preparation and trademark formalities in Ghana, please contact info@cfllegal.com.