To protect the intellectual property rights of businesses in the jurisdiction of Dubai, the customs authority of Dubai formally known as ‘Dubai Customs’ issued a Custom Protection Purposes Policy in the year 2006. Aiming to support the custom regulations and provide protection to trademark registered businesses, the Dubai Customs advises law firms and intellectual property owners to get their trademarks recorded with the authority. The authority charges the administrative fees for file opening to monitor products transported through custom channels. On the basis of a recorded trademark, Dubai custom officials can seize and impound shipments of infringing goods within the emirates. With the implementation of a trademark recording system, Dubai Customs has also brought an ex officio border system into effect.
What is the Ex Officio Border System?
As compared to the standard border system, an ex officio border system is more efficient, quick and result oriented. Apart from maintaining all recorded trademarks into a central registry, the ex officio border system allow custom officials to detain the infringing consignment to enforce the trademark & copyright law by following the orders of judicial authority. The vital benefit of this system is that it transfers the power of taking action to custom officials to confiscate counterfeit and plagiarized goods by avoiding the delays traditional occur in quest of judicial action.
The Need to Record a Trademark with Dubai Customs
The primary goal of registering a trademark is to safeguard the interests and rights of inventors, authors or manufacturers from forgery & counterfeiting operations and monitor and curb all commercial fraud methods. This is ultimately done for the purpose of safeguarding the consumer from the harmful effects of fraud. Valid registration with the Ministry of Economy must be ensured to make the trademark recording with Dubai Customs more effective. Recording of a registered trademark with Dubai Customs ensures that there will be no movement of infringed material and product across custom channels.
Who can Register a Trademark with Dubai Customs?
A trademark owner, agent or legal attorney in the UAE can register the trademark with the Dubai Customs after ensuring that the mark has been duly registered in the Ministry of Economy. For the purpose of customs protection, the advocate office and the trademark owner are needed to register the trademark. This step needs to be executed prior to filing a complaint in case an infringement in the form of counterfeit products is detected.
A trademark owner can be defined as the individual who is the originator of the trademark’s concept and rightful owner. It is in his or her name that the brand is registered in the Ministry of Economy first and the Dubai Customs later.
A trademark agent is an individual who possesses the right to use the trademark within the UAE with lawful permission from the brand owner. Trademark owners can appoint an advocate or legal advisor to enforce trademark lawsuits.
Documents Required to Register a Trademark with Dubai Customs
The following documents are required to be submitted at Dubai Customs for trademark registration purpose
- Trademark registration Application Form
- ID copy of the trademark owner
- Copy of trademark registration certificate from the Ministry of Economy
- A duly notarized and translated copy of the Power of Attorney
Documents Required for Filing Trademark Infringement Complaints
Trademark infringements are not prevented just by registering the trademarks with the Ministry of Economy or Dubai Customs. Infringers can still operate to release counterfeit products by violating the intellectual property rights of the trademark owner. However, registering the trademark with Dubai Customs gives the brand owner an advantage while filing a lawsuit after detecting the infringement. The following documents are required to be submitted while lodging a complaint on trademark infringement
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Written Complaint
The complaint needs to be written in either Arabic or must be translated into Arabic. The trademark owner or a legal representative should submit the complaint during official working hours.
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Copy of Certificates
Copies of valid registration certificates of the trademark that has been infringed are required to be submitted along with the written complaint
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Copy of Power of Attorney
A copy of a duly authenticated and translated Power of Attorney must be presented to the Dubai Customs
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Written Assurance
Trademark owners are required to submit a written assurance to bear any costs of impoundment, inspection, storage or delay resulting from a complaint that’s found to be groundless upon investigation
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Fee for Lodging Complaints
The Dubai Customs office will levy a fee of AED 2010 for lodging complaints of trademark infringement. The trademark owner needs to make a deposit of AED 5010, which will be returned if the complaint is proven to be valid. An additional fee of AED 510 will be collected by Dubai Customs in case of urgent complaints and AED 1010 if the complaint is lodged on official holidays
How Jitendra Intellectual Property Can help?
While registering a trademark with the Dubai Customs, it is highly recommended that you hire the services of a trademark agent from a reputed intellectual property firm in Dubai, who can guide you in the step-by-step process of trademark registration and filing. Jitendra Intellectual Property (JIP) is a full-service Intellectual Property firm with an experienced team of trademark agents who are experts in getting the registered trademark recorded with the Dubai Customs complying with all legal requirements. JIP will assist you in all the required research and paperwork to ensure that your trademark is smoothly registered with the UAE trademark office and then with Dubai Customs. Our legal consultants will also guide you through the necessary legal process in case any infringement is detected.