Are electronic signatures valid?

Yes. Electronic signatures on a POA can be legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA when intent, consent, attribution, and retention are present; confirm exceptions for specific transaction types.

Does a POA need notarization?

Not always. Notarization depends on state requirements or corporate practice. Certain states or third parties may request notarization to strengthen evidentiary weight.

Who can sign for a company?

An officer or authorized representative may sign for an entity; maintain corporate records showing authority. Counsel often requests a board resolution or corporate authorization if questioned.

How do I change representative details?

File an updated POA or representative change with the USPTO and notify opposing counsel or licensees as appropriate; retain both old and new documents for the record.

Can an agent assign rights?

Only if the POA explicitly grants assignment authority. Absent clear authority, assignments typically require separate executed documents signed by the owner.

How long should I retain the POA?

Keep the executed POA for the active life of the matter plus several years after termination; retention periods are influenced by federal and industry rules and state variations.

Electronic Signature
Templates
Legal
Trademark Power of Attorney

Trademark Power of Attorney

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TRADEMARK POWER OF ATTORNEY

This Trademark Power of Attorney is made as of by Principal: , with a principal address at , and Attorney-in-Fact: , with an address for service at .

RECITALS

WHEREAS, Principal is the owner or applicant of certain trademark(s) and related registrations and applications described in Schedule A attached hereto and incorporated herein by reference; and

WHEREAS, Principal desires to appoint Attorney-in-Fact to act on Principal's behalf in connection with the prosecution, maintenance, enforcement, licensing, assignment, renewal, and other matters affecting such trademark rights before national and international trademark offices, tribunals, and other governmental or quasi-governmental bodies; and

WHEREAS, Attorney-in-Fact is willing and able to accept such appointment and to perform the acts and duties described in this Power of Attorney.

NOW, THEREFORE

Principal hereby appoints Attorney-in-Fact as Principal's true and lawful attorney, agent and representative, with full power and authority to act in Principal's name, place and stead for the purposes set forth in this Power of Attorney and to exercise all powers and authorities necessary, convenient, or incidental thereto, subject to the limitations set forth in this instrument.

1. GRANT OF AUTHORITY

Attorney-in-Fact is authorized to prepare, sign, file, prosecute, amend, abandon, reinstate, renew, record, maintain, defend, oppose, cancel, compromise, license, assign, and otherwise transact business with respect to all trademark applications and registrations identified in Schedule A or subsequently disclosed to Attorney-in-Fact. This authority includes, without limitation, the powers to:

(a) Execute and submit all pleadings, powers of attorney, declarations, affidavits, assignments, licenses, consents, amendments, and other documents required or desirable in the prosecution, maintenance or enforcement of Principal's trademark rights; and to pay fees, receive certificates, and accept service of process.

(b) Institute, prosecute, defend, settle, or discontinue oppositions, cancellations, appeals, proceedings and actions before trademark offices, administrative tribunals and courts, and to retain and instruct counsel, agents and experts as necessary.

2. SCOPE AND LIMITATIONS

The powers granted herein are broad and include every power which Principal could exercise if personally present, except that Attorney-in-Fact shall not have authority to convey, mortgage, pledge or encumber Principal's business assets other than by assignment or license of the trademarks themselves without the prior written consent of Principal. Attorney-in-Fact shall act in Principal's best interests and shall keep Principal reasonably informed of material developments.

The following specific enumerated acts are expressly authorized: filing new trademark applications, claiming priority, signing declarations of use, executing petitions and oppositions, entering into coexistence or license agreements, recording assignments of record, and executing powers of attorney to associate foreign counsel.

3. FILING, RECORDATION AND ASSIGNMENT

Attorney-in-Fact is authorized to prepare, sign and record assignments, declarations and other instruments necessary to effect transfers or other recordations of trademark rights, including the right to receive and disburse payments solely related to recordation or registration fees. Attorney-in-Fact may submit certified copies, certified translations and other supporting documentation as required to effect recordal.

4. POWER TO APPOINT AND SUBSTITUTE

Attorney-in-Fact may appoint and authorize such associate attorneys, agents or representatives as Attorney-in-Fact deems appropriate to perform any act authorized herein and may delegate authority, in whole or in part, provided that Attorney-in-Fact remains responsible for the acts of such appointees in accordance with applicable law.

5. DURATION; REVOCATION

This Power of Attorney shall become effective as of the date first written above and shall remain in force until revoked by Principal in a signed writing delivered to Attorney-in-Fact, or until terminated by operation of law. Revocation shall not affect actions taken by Attorney-in-Fact in good faith prior to receipt of notice of revocation.

6. RATIFICATION; INDEMNIFICATION

Principal hereby ratifies and confirms all lawful acts performed by Attorney-in-Fact pursuant to this Power of Attorney. Principal agrees to indemnify and hold Attorney-in-Fact harmless from any claims, liabilities or expenses (including reasonable attorneys' fees) arising from actions taken in good faith under the authority granted herein.

7. NOTICES

All notices, demands or other communications required or permitted under this Power of Attorney shall be in writing and delivered to the addresses set forth below or to such other address as either party may designate by written notice to the other.

Principal Notice Address Attorney-in-Fact Notice Address

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Power of Attorney shall be governed by and construed in accordance with the laws of the jurisdiction selected by Principal below, without regard to principles of conflicts of law. This instrument constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Power of Attorney is held invalid or unenforceable, the remainder of this Power of Attorney shall remain in full force and effect.

Governing Law Jurisdiction

9. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Power of Attorney shall be effective unless in writing and signed by both Principal and Attorney-in-Fact. The failure of either party to enforce any provision shall not constitute a waiver of that provision. This Power of Attorney may be executed in counterparts and by electronic or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

10. CERTIFICATION AND ACCEPTANCE

Principal certifies that the undersigned has full power and authority to execute this Power of Attorney and to grant the powers contained herein. Attorney-in-Fact hereby accepts the appointment and agrees to perform the duties conferred by this instrument in accordance with applicable law.

Principal Entity Type (check all that apply)

Individual Corporation Limited Liability Company Partnership Other:

SCHEDULE A — TRADEMARK(S) AND APPLICATION/REGISTRATION INFORMATION

ADDITIONAL INSTRUCTIONS

IN WITNESS WHEREOF, the parties hereto have executed this Trademark Power of Attorney as of the date first written above.

Principal:

By:

Date:

Attorney-in-Fact:

By:

Date:

What the Trademark Power of Attorney Is and when it matters

A Trademark Power of Attorney (POA) is a written authorization that appoints an agent or attorney to act on an owner's behalf in trademark matters before the United States Patent and Trademark Office (USPTO) and in related administrative tasks. The POA can permit an attorney to prosecute applications, respond to office actions, receive correspondence, and execute filings. A properly completed POA clarifies who may make procedural and strategic decisions for a trademark portfolio, and it is frequently submitted with new filings or later when representation changes.

Why a Trademark POA simplifies trademark administration

A signed POA centralizes responsibility and ensures filings and responses proceed without delay, reducing the risk of missed deadlines or misdirected communications.

Typical users and stakeholders for a Trademark POA

Organizations and individuals use POAs to designate who will handle trademark prosecution, maintenance, and correspondence.

Corporate IP teams and in-house counsel who manage multiple marks across classes.
Outside trademark attorneys who need explicit authority to act before the USPTO.
Business owners or founders delegating routine filings to a designated agent.

Use a POA whenever representation changes, when delegating recurring administration, or when you submit filings that require an appointed representative.

Core parts of a professional Trademark Power of Attorney

A complete POA contains clear identification of the principal and agent, scope and limitations of authority, effective date, signatory blocks, and any notarization or witness details required by applicable practice rules.

Principal

Full legal name and business entity type of the trademark owner; exact spelling and entity form avoid mismatches in USPTO records or assignment tracking.

Designated Agent

Agent name, firm, bar number and contact information; include a U.S. mailing address and email to ensure USPTO correspondence reaches the right representative.

Scope of Authority

Specify the powers granted (e.g., file applications, sign submissions, receive notices). Limitations and exclusions should be explicit to prevent overreach.

Effective Date

The date the POA becomes operative; this determines when the agent may legally act and affects who can sign or respond to pending matters.

Signature Block

Authorized signer name, title, signature and date; ensure the signer has corporate authority and that the name matches official records to avoid rejection.

Notarization

If required by state law or counsel, include a notarization block. Some parties prefer notarization to strengthen evidentiary weight in disputes.

Step-by-step: completing a Trademark POA

Follow these sequential steps to complete, sign, and submit an effective POA for trademark matters.

01

1. Identify parties: Record owner and agent full legal names.
02

2. Define scope: List exactly which powers are granted.
03

3. Add dates: Enter effective date in MM/DD/YYYY format.
04

4. Sign and authenticate: Obtain appropriate signature, notarization if required.

How a completed POA is used in trademark workflows

A completed POA is attached to filings, uploaded to USPTO correspondence, or retained in counsel files to document authority during prosecution and maintenance.

Filing attachment: Attach to new trademark applications as needed.
Representative changes: File with the USPTO when changing counsel on record.
Document retention: Keep with trademark file for evidence of authority.
Dispute support: Use to demonstrate valid authority in oppositions or assignments.

Suggested digital workflow settings for online completion

Configure your eSignature workflow to collect the right fields, authentication, and a retained audit trail for USPTO and corporate records.

Field	Configuration
Owner Legal Name	Required text field; exact-match validation recommended
Agent Registration	Optional field for USPTO bar number
Signature	Signature block with signer name and date
Authentication	Email plus SMS or ID verification for attorney signers

Technical and security considerations for eSigning a POA

Ensure the signing platform provides a tamper-evident audit trail and supports required authentication levels.

Audit Trail: Record timestamps, IP, and signer actions
Authentication: Use email plus SMS or higher assurance
Document Formats: Support PDF and preserved signature metadata

Choose workflows that permit export of a signed PDF with embedded audit history and secure storage to meet recordkeeping obligations.

Common mistakes to avoid when preparing a Trademark POA

Using an informal signature image without an audit trail can undermine proof of execution when authority is disputed.
Leaving the scope ambiguous creates disputes over whether the agent could prosecute, settle, or assign a mark.
Entering inconsistent owner names between the POA and USPTO filing leads to processing delays and record mismatch.
Failing to record an agent change with the USPTO after counsel departure can cause missed notices or deadline exposure.

Consequences and risks from an incorrect or missing POA

Invalid Authority: Agent actions may be voidable

Missed Notices: Correspondence may not reach owner

Filing Delays: Processing can be postponed

Increased Costs: Corrective filings may incur fees

Litigation Risk: Authority disputes may lead to litigation

Record Mismatch: Trademark ownership records may be inconsistent

Key data elements and security handling notes

Owner Name: Exact legal name

Agent Identity: Attorney name and registration

Contact Email: Deliver notices securely

Signature Evidence: Audit trail required

Document Format: Use PDF for preservation

Access Controls: Restrict to authorized users

eSignature solution comparison for executing a Trademark POA

When choosing an eSignature provider for POAs, compare starting price, trial availability, bulk send, audit trail, and HIPAA support across vendors.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (plan dependent)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	Varies	Varies

Frequently asked questions about Trademark Power of Attorney

Answers address validity, eSigning, authority, and recordkeeping for Trademark POAs in U.S. practice.

Need help? Contact support

Are electronic signatures valid?
Yes. Electronic signatures on a POA can be legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA when intent, consent, attribution, and retention are present; confirm exceptions for specific transaction types.
Does a POA need notarization?
Not always. Notarization depends on state requirements or corporate practice. Certain states or third parties may request notarization to strengthen evidentiary weight.
Who can sign for a company?
An officer or authorized representative may sign for an entity; maintain corporate records showing authority. Counsel often requests a board resolution or corporate authorization if questioned.
How do I change representative details?
File an updated POA or representative change with the USPTO and notify opposing counsel or licensees as appropriate; retain both old and new documents for the record.
Can an agent assign rights?
Only if the POA explicitly grants assignment authority. Absent clear authority, assignments typically require separate executed documents signed by the owner.
How long should I retain the POA?
Keep the executed POA for the active life of the matter plus several years after termination; retention periods are influenced by federal and industry rules and state variations.

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