Trademark Registration UAE

Trademark Registration in Dubai, UAE

Trademark Registration is one of the most effective and indispensable systems designed for business owners to protect the identity of business products. According to UAE Federal Law No. 37 of 1992 on Trademarks, a trademark can be any distinctive form of symbols, words, logos, signs, names, labels, designs, pictures, titles, hallmarks, seals, patterns, announcements, packs or any other marks or group of marks. Trademarks are registered to distinguish products, goods or services for a particular business or brand owner either individual or organization. Businesses register trademarks to designate that certain products, goods or services are associated with the owners of the trademarks. It helps businesses to enjoy the goodwill & reputation of the brands in the market that is created by maintaining the quality of the goods or services.

UAE Trademark Registration With the Ministry of Economy

The first and foremost process to protect the brand in the UAE is to register a trademark with the UAE Ministry of Economy by filing the application with the trademark office. Apart from that few are aware of the recording of a trademark with Dubai customs and Intellectual Property Protection services launched by Dubai Economy. Many businesses think registering a trademark with the UAE Ministry of Economy and getting a trademark certificate will protect their brands from being copied and sold in the grey market. No, that is not sufficient. Once the trademark certificate is issued in UAE, brand owners should register their brands with the UAE Customs and Dubai Economy for further protection.

The following information helps businesses to avail the services of Dubai Customs and Dubai Economy to protect their brands from fake goods entering the UAE and to lodge a complaint to Dubai Economy if still fake goods are found in the grey market:

Trademark-registration-with-dubai-customs

Trademark registration with Dubai customs

Recordal of a Registered Trademark With UAE Customs
Trademark registration with UAE customs ensures customs protection of UAE registered trademarks. It allows the trademark owners to file complaints with custom authority on violating imports…

Trademark Protection with Dubai economy

Recordal of a Registered Trademark With UAE Customs

Protection of a Registered Trademark With Dubai Economy

IP gateway by Dubai Economy works to protect registered trademarks in the emirate of Dubai. It allows the business owner to lodge a complaint to restrict the trademark or agency infringement…

Brief Overview of the UAE Trademark Law

In the UAE, the Trademark Office work under the Ministry of Economy. Federal Law No. 8 for the year 2002 amended some articles of the Federal Law No. 37 for the year 1992. The law covers all seven Emirates of the United Arab Emirates i.e. Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Ajman, Fujairah and Umm Al Quwain. The Registration Certificate of Trademark in UAE is valid for all 7 States. Although, the United Arab Emirates (UAE) has been a member of the Paris Convention for the Protection of Industrial Property since September 19, 1996, but still global trademark application under Madrid protocol not yet started although Bahrain and Oman have started.

Trademarks come under the broader spectrum of Intellectual Property (IP) rights but are different from patents and copyrights. Registration of patents offers protection to inventions, while copyright registration safeguards an original work of authorship.

What Cannot Be Registered as a Trademark in the UAE?

Following are the types of possessions that the authorities in the UAE prohibit from registering as trademarks:

Descriptive Marks or marks that are not distinctive
Any mark that is against public morals or public order
Flags that bear similarities to flags of any country, international organizations, governments
Emblems and logos of a similar nature
Logos of the Red Cross or the Red Crescent or any other imitation of such similar organizations
Marks that look similar to symbols having a purely religious character
Use of Geographic names that may cause misunderstanding as to the origin of a product or service
National Medals, International Medals, Banknotes, coins
A translated version of a well-known mark or an already registered trademark if such it confuses the consumers

Trademark Registration Requirements in the UAE

The following documents are required to file the application of trademark registration in the UAE:

For Individual Applicant

Trademark in PDF file
Scanned Passport copy
Complete home address
Power of Attorney (Notarized by the Notary Public & legalized by the UAE)

For Company/Business

Trademark in PDF file
Scanned copy of Trade License
Scanned Passport copy of Authorised Signatory
Power of Attorney (Notarized by the Notary Public & legalized by the UAE)

For Foreign Company

Trademark in PDF file
Scanned copy of the certificate of incorporation
Scanned Passport copy of Authorised Signatory
Power of Attorney (Notarized by the Notary Public & legalized by the UAE)

Process of Filing an Application for Trademark Registration in the UAE

1

Trademark Search

Trademark search in the UAE is not a mandatory requirement but highly advisable to check before filing the application for the prior identical or similar application/registration.

2

Filing of a Trademark Application

After completing the trademark search, trademark agents file the application of registering a trademark with Trademark office (Note: Foreign companies/individual cannot file a trademark application without approved trademark agents in UAE)

3

Application Examination

After receiving the files, registrar examine the application pursuant to the UAE trademark law

4

Issuance of Acceptance or Rejection Order

In accordance with the law, registrar issue acceptance or rejection order against a trademark application

5

Publication of Trademark in Local Newspapers

In case of acceptance, the trademark is published into two local Arabic newspaper within 30 days count from acceptance letter. Official fees of publication of trademark into official gazette are also required to be paid at the same time Note: Official gazette in UAE published every last day of the month.

6

Opposition Period

The opposition period is for 30 days, legally opposition period will be started after the publishing of trademark into the official gazette.Note: Official gazette in UAE published every last day of the month.

7

Time Frame for Final Registration Fees

In case of no opposition from any other person or entity on the trademark within the legal time period, trademark application becomes matured for final registration fees, automatically. Trademark office does not issue any special notification for the payment of final registration fees. The deadline to pay the final registration fees count from the date of last day of the opposition period. Deadline is 30 day

8

Registration Certificate

Trademark office issue the registration certificate at the same of paying the final registration fees. Trademark registration certificate is valid for 10 years count from the date of filing the application.

Key Points to be Remembered While Applying for Trademark Registration in the UAE:

UAE Trade Marks Office follows the 11th Edition of the Nice Classification of Goods and Services
Class 33; related to wine and Alcohol is banned for registration in UAE
Trademark Office follows the single-class system
Trademark Application can be filed under Individual Name and or Company Name
Companies under free zones and Offshore are also eligible for trademark registration in UAE
Foreign Companies/individuals can apply for registration of Trademark in UAE only through approved Intellectual Property firms (Trademark agents in UAE).
Registration Certificate is valid for ten years and can be renewed before the expiry of the deadline

Why Choose Trademark Registration Services by Jitendra Intellectual Property?

Jitendra Intellectual Property (JIP) is a full-service IP firm established in 2001. JIP’s team of trademark agents in UAE can assist you by offering the following Services:

Advise on the registration through search report, selection and retention of trademarks
Prepare and prosecute trademark applications
Advise on the registration in relevant trademark classes based on the type of business
Handle trademark rights maintenance including payment of renewal fees
Record amendments to a trademark including change of name, change of address, assignment merger, mortgage, licensing and franchising of rights
Provide an on-going watch service to monitor the relevant jurisdictions for acts of trademark infringement
Provide market investigations to detect potential acts of counterfeit and piracy
Provide assistance on filing the complaint against trademark infringement across the UAE
File application of recording of a registered trademark with custom authorities in UAE
File application of trademark protection with Dubai Economy
Assist in product registration with municipality bodies in the UAE
Assist in filing for administrative actions against fake goods
Amendment in Registered Trademark
Renewal of a registered trademark
Recordal of change of assignment (change of ownership)
Cancel or oppose the grant of registrations before national offices

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