Trade Mark and IP Documents — Notarisation for Foreign Filing

Protecting intellectual property across borders is essential for Irish businesses. When filing trade mark or patent applications abroad, the foreign IP office typically requires notarised documentation from the applicant.

Overview

IP rights are territorial — an Irish trade mark does not automatically protect you abroad. Foreign IP offices require authenticated documentation including powers of attorney, assignments, declarations, and corporate authorisations.

Trade Mark Documents

• Power of attorney for foreign trade mark agents
• Declarations of use or intent to use
• Assignment documents transferring ownership
• Consent to registration by third parties
• Licence agreements for recording at foreign IP offices
• Affidavits of distinctiveness

Patent Documents

• Power of attorney for foreign patent agents
• Declarations of inventorship
• Patent assignment documents
• Priority documents and small entity declarations

IP Assignments

Transferring IP ownership between entities frequently needs notarisation — particularly for intercompany transfers, recording at foreign IP offices, corporate acquisitions, and founder-to-company transfers. The assignment must clearly identify the IP, assignor, assignee, and be signed by authorised representatives.

Notarisation Process

Hugh Phelan, Notary Public in Cork, notarises IP documents for worldwide filing. The authorised signatory attends with ID, documents are signed before the notary, and the seal is affixed. Office: East Douglas Street, Douglas, Cork. Phone: (021) 489 7134.

Key Jurisdictions

• USA (USPTO): Some filings accept declarations under penalty of perjury; notarisation may be needed for assignments
• China (CNIPA): Notarised and legalised powers of attorney required
• Brazil (INPI): Notarised and consularly legalised powers of attorney
• India: Notarised powers of attorney for patent and trade mark offices
• Middle East: Full authentication chains required

Apostille

After notarisation, apostille for Hague countries; embassy legalisation for others. See our apostille services page.

WIPO Madrid System

The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows trade mark owners to seek protection in multiple countries through a single international application. While the Madrid System itself streamlines the process, individual designated countries may require notarised powers of attorney or other authenticated documents during the examination or opposition phase. This is particularly common when responding to office actions from countries like China, Brazil, or Mexico.

Filing in China

China (through CNIPA, the China National Intellectual Property Administration) has specific requirements for foreign trade mark and patent applicants. Powers of attorney must be notarised and then legalised by the Chinese Embassy. For trade mark applications, the power of attorney authorises a Chinese trade mark agent to act on behalf of the Irish applicant. For patent applications, a declaration of inventorship and assignment documents may also need the full authentication chain.

The Chinese Embassy legalisation process can take 2–4 weeks, so factor this into your IP filing timeline. Some IP agents recommend maintaining a standing power of attorney that covers multiple filings, reducing the need for repeated authentication.

IP Enforcement Abroad

When enforcing intellectual property rights in foreign jurisdictions — through court proceedings, customs recordals, or administrative actions — notarised and authenticated documentation is essential. This may include notarised evidence of trade mark ownership, patent grants, licence agreements, and corporate authorisations to bring enforcement proceedings. Having your IP documentation properly authenticated in advance means you can respond quickly when infringement is discovered.

Domain Name Disputes

Domain name disputes under the UDRP (Uniform Domain-Name Dispute-Resolution Policy) or country-specific dispute resolution procedures may require notarised evidence of trade mark rights, company existence, and authorisation to bring the complaint. While not always required, notarised documents can strengthen a complaint by demonstrating the authenticity of the evidence submitted.

Frequently Asked Questions