On 17 June 2026, the Trademark Office of Thailand’s Department of Intellectual Property (DIP) issued a written circular clarifying how examiners are to treat powers of attorney (POAs) and appointments of agent that bear a notary public certification. The circular confirms that the expiry of a notary’s own commission or licence — the familiar “My Commission Expires on [date]” wording found on most US notarial seals — does not affect the validity of the notarisation, provided the notary held valid authority on the date the document was signed.

The clarification removes an unnecessary procedural obstacle that had been causing avoidable cost and delay for foreign applicants, and brings Thai examination practice into line with the governing law and with international norms.

The background

Powers of attorney filed in support of Thai trademark matters are frequently executed abroad and notarised in the applicant’s home jurisdiction. In the United States — the source of a large share of inbound filings — a notary public’s seal almost always carries the phrase “My Commission Expires on [date].” That date refers to the term of the notary’s own appointment by the relevant Secretary of State. It is a transparency disclosure about the notary; it has nothing to do with the validity period of the notarised document, which under US law and practice is fixed at the moment of notarisation.

In a number of recent matters, however, deficiency orders were being issued on the basis that, where this commission-expiry date fell before the date the POA was filed in Thailand, the notarisation was no longer “valid” and a freshly notarised POA had to be submitted. That interpretation conflated two entirely distinct things: the validity of the notarial act (assessed at the moment of signing) and the ongoing term of the notary’s commission.

The circular is a welcome and well-reasoned clarification that reflects on the DIP’s willingness to align its examination practice with both Thai law and international norms. It removes a source of unnecessary cost and delay for foreign rights holders and reinforces Thailand’s standing as a jurisdiction whose procedural requirements are predictable and consistent with international practice — a consideration of growing importance as Thailand moves toward accession to the Apostille Convention, which will bring further change to the treatment of foreign public documents.