Ghana: New Regulations on Power of Attorney (POA) Requirements in Trademark Filings

The Industrial Property Office of Ghana has recently issued an important notice concerning the submission of Powers of Attorney (POA) in trademark applications. According to the authority, several POAs filed in recent times did not comply with the Powers of Attorney Act, 1998 (Act 549) and Regulation 1 of the Trademarks (Amendment) Regulations, 1972 (L.I. 792).

This non-compliance may result in trademark applications being delayed or refused, directly affecting the trademark protection process in Ghana.

1. Mandatory Requirements for POA in Ghana

To ensure acceptance, a POA filed in Ghana must comply with the following conditions:

• Be printed on the applicant company’s official letterheadand affixed with its stamp or seal, if available.
• Clearly state the personal name, designation, and signature of the authorized signatory or proprietoron the POA document.
• Clearly state the name and signature of the witness, ensuring transparency and legal validity.

These requirements are mandatory and legally binding, designed to prevent forgery, lack of clarity, or disputes during the registration and enforcement of trademark rights in Ghana.

2. The Importance of Compliance with POA Formalities

Preparing a valid and complete POA is not merely an administrative formality but a critical element in the trademark registration process in Ghana. An invalid POA may lead to:

• Applications being refused or subjected to additional requirements, causing processing delays.
• Legal risks for the applicant in proving trademark ownership.
• Increased costs and time due to corrections or re-submissions.

Therefore, businesses should pay particular attention to POA compliance to avoid unnecessary obstacles in the protection of their trademarks.

ANLIS – Supporting Businesses with Trademark Matters in Ghana

At ANLIS, we closely monitor and stay updated on intellectual property regulations in Ghana and other jurisdictions. With extensive experience in international trademark matters, we can assist clients to:

• Better understand the legal requirementswhen preparing a POA.
• Minimize risksassociated with trademark application filings.
• Receivetailored guidance suited to their specific circumstances.

ANLIS is ready to support businesses in their trademark protection in Ghana, while noting that each case may involve particularities that should be assessed individually before proceeding.

📧 Email: ip@anlis.vn

📞 Phone: +84 899 88 6060

📱 Mobile/Viber/Whatsapp: +84-366 469 436

🌐 Website: https://anlis.vn