How to: Notarisation and legalisation of IP documents

When it comes to trademarks, these documents are regularly required not only when initially applying, but also for renewals, assignments and litigation.

The path to legalisation: the document passes through many hands

1. Execution of the document (in case of a legal entity: by the authorised representatives; in case of a natural person: by the person themselves).
2. Notarisation of the signature (and signing authorisation, if applicable).
3. Certification by the competent Regional Court.
4. Authentication by the Ministry of Foreign Affairs.
5. Legalisation by the consulate/embassy of the destination country.
6. In some countries further local legalisation is necessary.

What needs be considered when legalising a document?

Apart from knowing which authorities to approach and what requirements they apply, our experience has shown us that the timing is especially important:

• The original documents need to travel: postal routes and messenger routes for document submission and collection should be taken into account
• Often appointments at the relevant authorities (Ministry of Foreign Affairs, embassy or consulate) are required; waiting times vary widely
• In some cases, legalisation is only possible via embassies or consulates abroad
• Additional documents such as forms, passport copies or company register excerpts may be required, triggering further timing issues

Thus, one should allow sufficient time for the legalisation process. In case of upcoming deadlines (such as for the renewal of a trademark registration or in pending proceedings) these steps should be started at an early stage.

The Hague Apostille Convention

Many countries are already member states of the Hague Apostille Convention. This allows for a simplified legalisation via the "Hague Apostille" – at least if no exceptions apply. For example, legalisation by apostille between Austria and the Philippines was not possible until recently, even though both countries are members of the Hague Apostille Convention, because Austria raised an objection against the Philippines' accession to the treaty (since withdrawn). The apostille replaces the traditional method of legalisation. It is issued by the competent Regional Court, rendering further processing by the Ministry of Foreign Affairs and foreign embassies/consulates obsolete. The document then fulfils the legalisation requirements of the destination country.

authors: Melanie Gall, Michael Woller