This year, the Indian Trade Marks Office has increasingly begun raising objections on the ground of insufficiency of stamp duty on Powers of Attorney filed in trademark matters.
For many trademark practitioners, this has become a recurring procedural issue during prosecution.
Historically, it was fairly common practice to affix a nominal stamp duty of INR 100/- on trademark Powers of Attorney. However, with stricter scrutiny now being undertaken by the Registry, practitioners are increasingly being required to ensure that the document carries the correct stamp duty as applicable under the relevant state law. This has created practical challenges because stamp duty on Powers of Attorney is not uniform across India.
Therefore, in a welcome development, IP India has now introduced a dedicated “Stamp Duty for POA” tab on the official IP India website.
The resource appears intended to assist applicants and practitioners in identifying the applicable stamp duty requirements for trademark Powers of Attorney on a state-wise basis.
This is a particularly useful procedural development because it helps reduce:
- Administrative back-and-forth with clients and foreign associates.
- Uncertainty regarding applicable stamp duty;
- Risk of objections for insufficient stamping;
- Delays caused by refiling or re-execution of documents; and
- Administrative back-and-forth with clients and foreign associates.
As procedural compliance continues to receive greater scrutiny from the Indian Trade Marks Office, tools that improve clarity and reduce avoidable objections are a welcome development for both practitioners and brand owners.
