General
Legal
Policy document regarding Power of Attorney
In accordance with the provisions laid down by article 15 of the 1995 National Ordinance on Trademarks (National Gazette 1996, No. 188), when effecting a registration, making the petition for renewal of it, on submitting a request as contemplated in article 12 and with any petition for an entry to be made in the register, he who has no seat or residence in the Netherlands Antilles should elect domicile at a proxy’s office. As of October 10, 2010 when effecting a registration, he who has no seat or residence in Curaçao should elect domicile at a proxy’s office.
Article 3 of the National Decree on Trademarks provides that, if the registration is effected by a proxy, the latter should submit a power of attorney to such effect. In this connection the Bureau has decided to make some requirements with regard to the general power of attorney.
A general power of attorney should include the following:
Such power of attorney will be valid for two years. After two years a new signed power of attorney should be submitted to the Bureau.
This policy will take effect on January 15, 2005.
December 2004
Updated: October 2010
Article 3 of the National Decree on Trademarks provides that, if the registration is effected by a proxy, the latter should submit a power of attorney to such effect. In this connection the Bureau has decided to make some requirements with regard to the general power of attorney.
A general power of attorney should include the following:
- Full name of the Trademark Holder:
- Natural person – full name and surname (no initials)
- Legal person – should state the name, seat and the country by the law of which the incorporation was effected;
- Full address:
- The street name or a similar indication provided with the house number insofar as available, and also the place of residence provided with the postal code, if applicable. A P.O. Box number may be stated, but cannot take the place of the street name or any similar address indication provided with the house number. (art. 1, paragraph 1 i of the National Decree on Trademarks)
- The name/names of the proxy (proxies) registered with the Bureau;
- The name and address of the proxy’s office;
- The date on which the power of attorney was signed;
- The signature:
- Authentication of the signature is not required. (art.13, paragraph 5 of the National Decree on Trademarks)
- It is not permitted for the trademarks consultant to sign on behalf of the trademark holder.
Such power of attorney will be valid for two years. After two years a new signed power of attorney should be submitted to the Bureau.
This policy will take effect on January 15, 2005.
December 2004
Updated: October 2010
