The diversified economy in the UAE is a reason why foreign investors are choosing the UAE to expand their business. The robust IP protection measure is a key reason why you can start a business in the UAE. Business and innovators can secure their creative works by registering them in the UAE. If you are entering the UAE business market, then you should be aware that brand identity plays a crucial role in the success of your business. A foreign investor should be aware of the IP laws in the UAE to stay competitive. In this blog, we will discuss why and how a foreign entity can register its trademark in the UAE.
Is it possible for a foreign entity to register its trademark in the UAE?
Yes, foreign entities and individuals can register their mark in the UAE. The trademark law in the UAE is designed to protect foreign and domestic applicants. In the UAE, the Federal Decree-Law No. (36) of 2021 governs the trademark registration and protection in the country. Businesses should be aware of the importance of registering their trademark. By registering your trademark, you can secure brand ownership, and it will also help you to secure your mark from infringers and counterfeiters. Businesses can improve the value of their assets through trademark registration in the UAE, and it can also help establish customer trust. International business should register their trademark in the UAE to obtain legal protection.
Trademark registration of a foreign company in the UAE:
Article 6 of the UAE trademark law outlines that a natural or legal person has the right to register their trademark. Foreign applicants need a local representative to register and monitor their trademark in the UAE. This will ensure that the proper handling of the document and registration procedure is followed. Also, the agent should be appointed with a formal Power of Attorney (POA). Jitendra Intellectual Property is the major trademark service provider in the UAE, and their professionals can guide you through the registration process. Trademark registration can be a challenging process for a foreign applicant. To stay compliant with the registration procedure, the business should seek the guidance of trademark professionals.
Before choosing a trademark, a business should know what qualifies as a trademark in the UAE and what does not. You can choose names, slogans, logos, symbols, patterns, numbers, sounds, and images as your trademark. The chosen mark should not be descriptive, and it should not be against social morals. It shouldn’t be religious words or signs. UAE trademark law requires the use of a registered trademark agent for foreign investors when applying.
Trademark registration process in the UAE:
Choose a strong trademark
The chosen mark should be unique; if your trademark can stand out in the market, then it will be good for business.
Trademark search
A trademark search is necessary to determine if there is any similar mark to yours. A thorough trademark search can prevent objections and costly legal disputes.
Trademark classification in the UAE
UAE follows the NICE classification system, which comprises 34 goods classes and 11 service classes. Businesses should select the right classification based on their activities.
Documents required for trademark registration in the UAE:
- Certified copy of the Power of Attorney
- Arabic translation of the documents
- Copy of trade license and business incorporation certificate
- Image of the trademark
- Passport copy of the applicant
- ID proof of the local agent in the UAE (for foreign applicant)
- List of goods and services as per the Nice classification.
Examination and publication
The registrar will examine your application, and if it is approved, it will be published in the official gazette.
Issuance of trademark certificate in the UAE
If there are no objections during the publication period, then you will receive the trademark certificate.
How can Jitendra Intellectual Property help foreign investors with trademark registration in the UAE?
Trademark registration is a complex process, and as a foreign applicant, you won’t be familiar with the rules and requirements of the registration. First, conduct a trademark search to determine if a similar mark exists. Then you need to apply with the relevant documents and select the right class based on your business activities. If you fail to choose the right trademark class, it may lead to rejection, or the registration won’t be useful for your business.
Jitendra Intellectual Property can help enterprises with trademark registration in the UAE. Our professionals can help you choose the right trademark class based on your business requirements; also, if there is any opposition, we can help you with it. Additionally, we can help businesses with trademark monitoring and enforcement in the UAE.
