Trademark Registration In UAE

Trademarks are brand names, symbols, or logos that are used to identify a company’s goods or services. A trademark is a name, words, signature, letter, symbol, drawing, figure, inscription, picture, or advertisement that is used to identify a group of items, goods, and services as belonging to one owner or coming from one source.

Trademark[Picture Credit: Shutterstock]

There are numerous advantages to trademark registration in the UAE, including the protection of your brand and the assurance that other companies will not counterfeit or imitate your trademark. The Ministry of Economy of the United Arab Emirates is the official entity in charge of trademark registration, renewal, and revocation.

WHAT CAN BE REGISTERED AS A TRADEMARK IN THE UAE?

Despite the fact that a brand can be defined by a wide range of characteristics, rules govern which of those traits can be registered. Trademarks can be applied to signatures, titles, characters, seals, posters, engravings, names, paintings, and any other label that serves to differentiate one brand from another. Geographic names, currencies, information of honorary degrees, and markings that could deceive the public or really breach public order are not deemed trademarkable, according to Article 3 of Federal Law No. 37 of 1992.

Although trademark registration is not required in the UAE, it will help you secure exclusive rights to use and profit from the registered trademark. It would also protect the name from alleged infringers and give you the power to take legal action in the event of an infringement.

LIMITATIONS ON REGISTERING A TRADEMARK IN UAE

There are certain limitations to keep in mind when registering trademarks in the UAE. If you wish to register a United Arab Emirates trademark, it must not contain any of the following:

  • Offenses against public morals and religions
  • Public symbols (such as flags)
  • Symbols such as for Red Cross and Red Crescent
  • Names or titles of third parties
  • Direct translations of other well-known trademarks

There may be additional limitations to what you can include in your trademark, which you can find out by contacting the Ministry of Economy.

WHO CAN APPLY FOR A TRADEMARK IN UAE?

A person who wants to use a trademark to distinguish his or her goods or service should register it in the UAE as well as in the jurisdictions where they want to be protected.

However, not everyone employed in the UAE is eligible to obtain a trademark or file a trademark application. Under Federal Law No. 37 of 1992 on Trademarks, the following parties are eligible to register their trademarks:

  1. Citizens of the United Arab Emirates, as well as natural and artificial humans working in any economic, technological, or service-related field.
  2. Foreigners, as well as natural and artificial humans working in any economic, technological, or service-related field.
  3. Foreigners, both natural and artificial, who work in any economic, technological, or service area in another country on the premise of reciprocity.
  4. Other man-made people

TRADEMARK REGISTRATION PROCESS IN UAE

The procedure for trademark registration in the UAE is straightforward, however, it is critical to follow. If you want to register your company’s trademark in the United Arab Emirates, complete these steps:

  • Make sure the trademark is not already registered

The first stage in the UAE trademark registration process is to ensure that the trademark isn’t currently in use by another company. You will not be allowed to register a trademark if it is currently in use by someone else. You can accomplish this by using tools like Marcaria to look for the trademark online. After you’ve confirmed that the trademark isn’t already in use, you may go on to the next phases of trademark registration in the United Arab Emirates.

  • Fill out the application form on the ministry of economy

Fill out the online application form on the Ministry of Economy’s website, which is the official authority that oversees trademark applications, to register a trademark in the UAE. To do so, go to the website’s homepage and click on ‘Services,’ then ‘e-Services,’ from the dropdown menu. Once you’ve been linked to the other page, pick ‘Trademarks’ from the Services page and click ‘Trademark Registration’ under New Applications. Complete the application form and attach the necessary documents.

The following are the paperwork needed to register a trademark in the United Arab Emirates:

  • Trademark Logo
  • Copy of Trade Licence
  • Power of Attorney
  • Passport Copy
  • Priority Document
  • List of Goods and Services to be protected

Other documents may be required on a case-by-case basis. Once you have uploaded the necessary documents, you can submit the application.

  • Pay the trademark registration fees in UAE

After you’ve filed your application, you’ll need to pay the necessary costs for trademark registration in the UAE. In order to register a trademark or brand in the UAE, applicants must pay AED 8,700. This trademark registration cost in the UAE does not include any possible legal or translation fees. Applicants can pay the cost of trademark registration in the UAE on the Ministry of Economy’s website.

  • Wait for your application to be reviewed by the ministry of economy

Your application for trademark registration in the UAE will be reviewed by the Ministry of Economy after it has been submitted. When filling out the application, you must be careful and precise, since any missing or incorrect information can result in your application being rejected. Applicants can, however, challenge or revise their applications as needed if this occurs.

If there are no concerns with your application, the Ministry of Economy will usually approve it within 30 days.

  • Publish the announcement in two local arabic-language newspapers

After your trademark registration in the UAE has been approved, you must have an announcement of your trademark published in the official journal as well as two local newspapers. To get your trademark published in the official trademark journal, you must pay the Ministry of Economy AED 1,000, which will be published on your behalf. However, applicants will be forced to pay an extra fee to have the trademark announcement published in two local Arabic-language publications.

Members of the public have 30 days to object to your trademark after it has been published in two Arabic-language publications in the UAE. If someone files an objection to your trademark during that time period, the Ministry of Economy will consider it and either reject it or notify you.

However, applicants should be aware that the Ministry of Economy only releases the notification at the end of each month, so they may have to wait nearly two months to have their trademark registered in the UAE.

  • Receive the trademark registration certificate

If no objections to your trademark have been received during that time period, the Ministry of Economy will issue you a certificate of registration for your trademark in the UAE. The trademark registration number, the trade name and owner’s name, the trademark itself, and a description of the goods and services that fall under it will all be included in the certificate.

  • Trademark validity in the UAE

A trademark registered in the UAE has a 10-year validity period, after which it must be renewed for a fee.

Keep in mind that trademark registration only protects your brand in the UAE’s seven emirates, not anyplace else in the globe.

  • Trademark registration charges in the UAE

The cost of trademark registration in the UAE is AED 8,700, with an extra AED 1,000 for trademark publication in the official journal. Additional charges for translations and legal assistance, as well as the cost of publishing the trademark in two local publications, may be incurred.

You can also hire a trademark registration company in the UAE to help you with the process, but this will be more expensive.

RENEWAL OF YOUR TRADEMARK REGISTRATION IN THE UAE

After the validity of a trademark registration has expired, you will have three months from the date of expiry to renew it. However, you will be fined AED 1,000 for each month you postpone renewing your trademark in the UAE.

In the United Arab Emirates, trademark renewal follows the same procedure as trademark registration. Select Modification and Maintenance Services from the Ministry of Economy’s website’s Services page after selecting ‘Trademarks’ from the Services page. Then, from the selection list, select ‘Trademark Renewal.’ You will also need to submit a copy of your old registration certificate in addition to the application form. Your trademark registration will be renewed within 30 days after paying the renewal price.

TRADEMARK RENEWAL FEES IN THE UAE

Once you have submitted the application form, you will need to pay the renewal cost, which is AED 6,700.

CANCELLATION OF A TRADEMARK REGISTRATION IN THE UAE

Do you want to revoke your trademark registration in the United Arab Emirates? You can do so on the website of the Ministry of Economy. ‘Cancel Registered Trademark By Owner Request’ is a service under Modification and Maintenance Services on the ‘Trademarks’ website. Those who want to cancel a trademark registration can use this service and fill out the application form and submit the appropriate papers. A copy of the former registration certificate is the principal document necessary to cancel a trademark registration, while other documents may be required on a case-by-case basis.

After you’ve filed your application, you’ll need to pay the AED 1,500 cancellation fee. If your application is approved, you must then print an announcement of the cancellation in two local Arabic-language publications, which will finish the procedure.

Author: Anuja Saraswat – a student of  B.A.LL.B (Hons.) from NMIMS Kirit P. Mehta School of Law (Mumbai), in case of any queries please contact/write back to us via email chhavi@khuranaandkhurana.com  or at Khurana & Khurana, Advocates and IP Attorney.

Leave a Reply

Categories

Archives

  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010