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Trademark Registration in UAE
UAE Trademark Laws
Trademarks are names, logos, or short slogans that help distinguish a ‘good’ or ‘service’ from other goods and services in a particular geographic area. The Federal Laws of the United Arab Emirates provide protection for registered trademarks. The laws intend to safeguard the interests of both businesses and consumers in the country. The UAE Trademarks Laws cover the following main areas:
- Definition of trademarks
- Signs that can and cannot be registered as trademarks
- Registration and cancellation procedures for trademarks
- Transfer of ownership of trademarks
- Licensing others to use trademarks
- Penalties for trademark law infringement and general and transitory provisions.
Requirements for Trademark Registration in UAE
The Ministry of Economy is responsible for registration of trademarks in the UAE. Anyone aiming to use trademarks to distinguish goods, products or services from others can apply for registration in accordance with the trademark laws. The documents required for filing an application for trademark registration in the UAE are:
- Soft copy of your trademarks image in black and white and Digital Copy of the logos in jpeg format.
- Description of goods/services.
- Power of attorney for filing the application.
- Copy of the applicant’s certificate of incorporation (for corporate entities only).
- Certificates of Trademark registration if registered in any other countries.
- Legal translation for the wording which might be included in your trademark. We require translation from your language of origin to English and Arabic. The translation from English to Arabic can be arranged by Legal Inz.
- The required fees.
The international classification of goods and services which consist of 45 classes has been adopted in the United Arab Emirates (the exceptions are classes 32 and 33). The trademark protection cannot be achieved for alcoholic beverages). A separate application is required to be filed for each class of trademark. It may be possible to protect similar trademarks with the main trademark (as associated trademarks for the same owner). This may be possible where the main elements are similar and the differences irrelevant.
Process of Trademark Registration in UAE
Legal Inz aims for transparency in its services, so clients know how we deliver results. If you want to know how to register a trademark in UAE, the application process includes the following steps:
- The application for registration of the trademark is filed at the Ministry of Economy.
- The Ministry of Economy gives its decision on the application within 30 days from the date of submission.
- If the Ministry of Economy approves a trade mark, it shall be announced in its bulletin and two Arabic newspapers before the registration at the expense of the applicant.
- Any interested person can file an objection to the registration of the trademark by submitting a written objection to the Ministry of Economy within 30 days from the date of the last announcement. If anyone files an objection, the Ministry of Economy notifies the applicant with a copy of objection to his application within 15 days from the receipt of such an objection.
- If there is no objection raised, the registration is finalised. Upon registration, the trademark owner is given a certificate containing:
- registration number of the trademark in the UAE;
- date of application and registration;
- trade name or the owner’s name, nationality and place of residence
- copy of the trademark; and
- description of the products, goods or services that come under the trademark.
The estimated timeframe for the registration of a trademark in the UAE is between 8 to 12 months. The actual timeframe will depend upon the facts of each application for registration.
Duration of registered trademarks in UAE
Registered trademarks in the United Arab Emirates are valid for 10 years and starts with filing date. The registration is renewable for periods of 10 years. Legal Inz can also automatically provide you with reminders and keep you up to date of your status after you file your trademark application.
What is a trademark?
A trademark is typically a brand name that is used in a business as an identification sign to distinguish the goods or services from other companies. A trademark could be a name, sign, picture, signature, colour, word, shape or combination of any of these.
What are the benefits of trademark registration?
You will enjoy the following main benefits by registering your trademark:
- Protect your brand by restricting the use of your mark by others
- Capture maximum value of your business
- Use the registered mark as a marketing tool and grow your brand
- Sue someone who copies your trademark
What is a trademark class system?
Trademarks are registered under a ‘class’ system in the UAE. Each trademark class covers different products and services. There are 45 international classes and it is possible to register trademarks in 44 classes in the UAE. A separate application is required for registration of trademark in each class. It may be costly and unnecessary for you to register your trademark in classes that are not relevant to your goods or services. Thus, choosing the correct class is critical for necessary protection and avoiding unnecessary costs. Legal Inz takes this responsibility when filing your application.
Difference between a trademark and other intellectual property
A trademark is only one form of intellectual property and is typically associated with the logos and brand names. The other forms of intellectual property that can be protected by companies are:
- Patents: These are used for new technology, inventions, ideas, processes and methods
- Copyrights: These are used for literary, artistic, dramatic works, musical works or computer software
- Industrial designs: These are used for shapes, patterns or ornamentation applied to an industrially produced objects
Common Questions
Trademark search at the Trademark Registry helps you find out whether anyone else has prior rights to your proposed trademark. This essentially helps you determine if your application will have chances for success. This step is highly recommended before any trademark application is filed in the UAE.
A trademark registration in the United Arab Emirates is valid for 10 years. The registration is renewable for further periods of 10 years each.
Any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks if they were used or intended to be used either to distinguish goods, products or services from whatever sources or to indicate that certain services, goods or products belong to the owner of the trademark because of their provision, manufacturing, selection or trading.
A patent protects new inventions, ideas and covers the processes and methods used in creating such inventions. The owner of a patent has protection under the law. Registration of a patent provides the owner necessary protection from use or exploitation by others.
A copyright is a protection given by law to the authors, creators, and writers for their work, including dramatic, musical, artistic, literary and other intellectual work.
Typically, you would not be able to register a proper name such as yours, as a trademark. The only exceptions may be if you can show that your name has become identified in the minds of public with your specific goods and/or services.
There is no one system of global trademark registration. Hence, applications are required to be filed separately for each jurisdiction, save in cases where some countries allow for one application through a treaty. An example is Madrid Protocol which covers multiple jurisdictions. UAE is not a party to the Madrid Protocol.
A registration of a trademark can be challenged by a third party who may claim prior rights to the trademark. Typically, this happens at the time of publication of the trademark in Trademark Journal and local newspapers as part of the registration process. In case of a challenge, necessary process is required to be followed before an application can be finally successful.
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