Introduction
A trademark is a symbol, word, or group of words that represents a company or a product. When securing your trademark in the UAE, the process begins with an application submitted to the Ministry of Economy. The Ministry of Economy is the competent authority overseeing all UAE trademark registrations. Trademark registration is essential, as it is your key to setting your business or brand apart from the competitors, enhancing its overall value, and wielding a powerful marketing tool to fuel growth. Not to mention, it’s a shield of protection for your business in the UAE’s dynamic landscape. The federal laws of trademark in UAE stand guard over any trademark registered within its borders, ensuring a level playing field that benefits both customers and companies.
The trademark registration in the UAE covers all seven emirates. Trademark matters in the UAE are thriving, with businesses seeking protection for their brands and distinctive assets. In addition, if you plan to expand your business internationally, it’s essential to consider trademark registration not only in the UAE but also in countries where you anticipate doing business, such as trademark registration in the United States. International trademark registration can help protect your brand on a global scale and secure your intellectual property rights beyond the borders of the UAE. If you are knowledgeable about trademark registration procedures, experienced in handling trademark disputes, and dedicated to providing top-notch legal counsel to clients, we invite you to become part of Legamart’s global team of lawyers.
UAE trademark laws and regulations
The relevant legislation governing trademarks in the UAE is the UAE Federal Law No. 37 of 1992, amended by the UAE Federal Law No. 19 of 2000 and Law No. 8 of 2002, collectively referred to as the “UAE Trademark Law.” Ministerial Decision No. 6 of 1993 also outlines implementing regulations for Law No. 37 of 1992, with subsequent amendments in 1995 and 2001, known as the “UAE Trade Mark Implementing Regulations.” These laws define the procedures for trademark registration and outline penalties for non-compliance.
There is also the UAE trademark infringement law, designed to safeguard registered trademarks and prevent unauthorized use of registered trademarks or similar marks that could confuse consumers or diminish the distinctive identity of the original mark. This legal framework is primarily governed by Federal Law No. (37) of 1992 on Trademarks, as amended by Federal Law No. (8) of 2002.
Under UAE trademark infringement law, any individual or entity using a registered trademark or a similar mark without the owner’s consent is deemed infringing on the owner’s rights. The law also prohibits registering a mark that is identical or closely resembles an existing registered trademark.
What Can be Registered as a Trademark in the UAE?
In the UAE, a wide array of elements can be registered as trademarks, including:
- Words: Unique words or combinations that distinguish a product or service.
- Title: Specific titles relevant to products or services.
- Name: Any distinctive name associated with a brand.
- Figures: Distinctive graphical or pictorial representations.
- Signature: Distinctive and stylized signatures serving as brand identifiers.
- Posters: Unique visual representations in the form of posters.
- Letters: Unique letter combinations forming a recognizable trademark.
- Characters: Unique characters or mascots associated with a brand.
- Seals: Custom seals designed for brand recognition.
- Engravings: Custom engravings representing the brand.
- Paintings: Artistic representations used for brand identification.
- Label: Specific labels designed to distinguish one brand from another.
What Cannot be Registered as a Trademark in the UAE?
Certain types of possessions are not eligible for trademark registration in the UAE. Ensuring that your trademarks adhere to the following guidelines helps maintain the integrity and appropriateness of the registered marks within the legal framework of the UAE. thus, authorities prohibit the registration of:
- Descriptive Marks or non-distinctive marks
- Flags resembling those of countries, international organizations, or governments
- Use of Geographic names causing origin confusion
- Emblems and logos of a similar nature
- Marks against public morals or public order
- Marks resembling symbols with purely religious character
- Logos resembling the Red Cross, Red Crescent, or similar organizations
- National Medals, International Medals, Banknotes, coins
- Translated versions of well-known or already registered trademarks if they cause consumer confusion
Who Can Register a Trademark in the UAE?
Generally, anyone who wants to use a trademark to distinguish their goods or services from others can register it in the UAE and other jurisdictions where they want it protected. However, under UAE laws, not everyone employed can obtain a trademark or file for a trademark application. The UAE Federal Law No. 37 of 1992 on Trademarks allows the following parties to be eligible for trademark registration.
- Citizens of the UAE, natural and artificial persons working in any economic, professional, technological, or service-related field.
- Foreigners, natural and artificial persons working in any economic, professional, technological, or service-related field.
- Foreigners, both natural and artificial, work in any economic, professional, technological, or service area in another country based on reciprocity.
- Other artificial persons.
Trademark Registration Requirements in the UAE
The trademark registration process in the UAE involves the submission of specific documents, varying based on the applicant’s type. These documents ensure that the application is properly substantiated, covering individual applicants, companies/businesses operating within the UAE, and foreign companies seeking trademark registration in the region. Here are the required documents:
For Individual Applicant:
- Scanned copy of Passport
- Complete home address
- Trademark in PDF format
- Power of Attorney (Notarized by the Notary Public & legalized by the UAE)
For Company/Business:
- Scanned copy of Trade License
- Trademark in PDF format
- Scanned Passport copy of the Authorized Signatory
- Power of Attorney (Notarized by the Notary Public & legalized by the UAE)
For Foreign Company:
- Scanned copy of the certificate of incorporation
- Scanned Passport copy of the Authorized Signatory
- Trademark in PDF format
- Power of Attorney (Notarized by the Notary Public & legalized by the UAE)
Procedure of Filing a Trademark in UAE
While the procedure for registering a trademark in the UAE is indeed straightforward, strict adherence is paramount as it can unveil its complexities and a single misstep in the trademark application process could lead to your trademark being rejected. If you’re considering trademark registration in the UAE, the legal experts at Legamart can provide guidance on the associated costs and support you through the entire registration process. If you are aiming to register your company’s trademark in the UAE, here are some step-by-step guides to follow:
Conduct a trademark search
This is essential to ensure that the trademark you wish to register is not already in use by another entity. Attempting to register a new trademark name already used by someone else will not be permitted. Once you have confirmed the availability of your desired trademark, you can proceed to the subsequent phases of trademark registration in the UAE. The official registration process kicks off only when your chosen trademark is confirmed to be available. However, it is important to note that a trademark search in the UAE is not a mandatory requirement.
After the trademark search, the trademark attorney/applicant will apply for trademark registration at the trademark Office. The United Arab Emirates Patent Office uses Arabic and English as its official procedural languages.
Fill out the trademark application form
To initiate the process of claiming a trademark, your first step is to download the application form and complete it. You can find the application form available for download on the Ministry of Economy’s e-services website. Here’s a step-by-step guide to get started:
- Visit the Ministry of Economy’s website.
- Navigate to the homepage and locate the ‘Services’ option in the menu.
- Click on ‘e-Services’ from the dropdown menu.
- Once redirected to the e-Services page, look for the ‘Trademarks’ section.
- Under ‘New Applications,’ click on ‘Trademark Registration.’
- Access the application form and ensure you fill it out accurately.
- Don’t forget to attach all the required documents and the completed application form.
Anyone applying for a UAE trademark application must include the following documents required:
- Incorporation certificate
- Trademark Logo
- Applicant identity proofs
- Power of attorney
- Business description
- Priority document
Payment of the trademark registration fees
Once you have successfully submitted your trademark registration application, the next step involves covering the necessary expenses associated with trademark registration in the UAE. These costs can be conveniently paid through the Ministry of Economy’s website. Please note that the trademark registration fee in the UAE amounts to AED 6,509 (USD 1,773), exclusive of professional and miscellaneous charges. Additionally, you might encounter additional expenses to pay, such as court fees or translation charges.
Review of the application by the ministry
Upon receipt of the filed application, the Ministry of Economy will review and verify the application as per UAE trademark law. This service enables the registrar to issue an order to accept or reject a trademark application. For trademarks related to examining certain products, the Ministry of Economy department shall verify the minister’s approval based on the same. It is, therefore, crucial to be meticulous and accurate while filling out your application, as any missing or incorrect details could lead to its rejection. In case your application faces rejection, you do have the option to file an appeal and make the necessary amendments as required for the minister’s approval.
Publication in two local Arabic-language newspapers
The trademark would be published in two local Arabic newspapers within 30 days of the approval letter. At the time of approval, the applicant has to pay the official fee for publishing the trademark in the official gazette.
The objection period is 30 days, and the statutory opposition period begins after the trademark is published in the official gazette.
Receive the trademark registration certificate
Upon the successful completion of the review period, if there is no opposition raised within the objection period against your trademark, the Ministry of Economy will proceed to issue a certificate of registration for your trademark in the UAE. This certificate will contain essential details, including the trademark registration number, the trade name, the owner’s name, the trademark itself, and a comprehensive description of the goods and services covered by the trademark.
What are the Associated Trademark Renewal Fees in the UAE?
Once the application form for renewal is submitted, the applicant will be required to pay the renewal cost of AED 6,700. However, in case of any delay after the expiration of the three-month window period, there will be a fine for delay applicable for each month the renewal is delayed. Each month the renewal is delayed will incur a fine of AED 1,000 to pay.
How to Maintain Your Trademark Registration?
United Arab Emirates trademark law provides no regulations for maintaining a trademark. Typically, this information is provided through written submissions and supporting documentation before the UAE trademark officials and the court hearing the first appeal or objection level.
Hence, copies of the certificate of registration, advertisements, invoices, purchase orders, etc., will suffice. Any time the authenticity of the documents is in doubt, the trademark owner may be required to provide a notarized copy or other documents legalized at the UAE Embassy.
How to Renew Trademark Registration in the UAE?
After a trademark registration’s validity is over, the owner is given a three months window period from the date of expiry to renew the same. Renewing a trademark registration in the UAE involves the following steps:
- Determine the Renewal Date: Identify the renewal date of your trademark registration. Trademarks in the UAE are typically valid for ten years from the application date or the last renewal date.
- Prepare the Renewal Application: Before the renewal date, compile the necessary information for the renewal application. This includes details such as the trademark registration number, applicant’s information, representation of the trademark, registered classes, and a valid Power of Attorney.
- Submit the Renewal Application: Submit the fully completed renewal application to the UAE Ministry of Economy. Include all required supporting documents and remit the prescribed renewal fees. It is advisable to submit the application well in advance to ensure timely processing.
- Review and Processing: The Ministry of Economy will then review the renewal application, verifying the provided details. If everything is in order, the renewal process will proceed, extending the trademark registration for another ten years.
- Certificate of Renewal: Upon approval, the UAE Ministry of Economy will issue an e-certificate of renewal. This certificate serves as official proof of the renewed trademark registration
How can a Registered Trademark be Cancelled in the UAE?
A trademark can be cancelled online through the Ministry of Economy website. The website has a trademark page that directs users to Modification and Maintenance Services and later ‘Cancel Registered Trademark By Owner Request’. Anyone who wishes to cancel their trademark registration can use these services by filling out an application form and submitting the appropriate document, including a copy of the old registration certificate and other relevant documents, which may vary depending on the situation.
Once the required cancellation fees have been paid and the application approved, a publication will be made regarding the cancellation in two local Arabic-language newspapers, and thereafter, the process will be complete.
What to do if Someone Infringes on Your Trademark Rights?
There are two ways to handle a situation where you find out someone is infringing your trademark. First, trademark owners can send legal notices to someone they believe is copying their trademark, notifying the other party that they must stop using their trademark illegally.
In case the potential infringer does not respond to the legal notice or is reluctant to stop using the marks, the owner of the infringed trademark can file a complaint with the UAE Ministry of Economy. A trademark infringement case can be brought in three jurisdictions:
If a judge of the committee has ruled on the decision and the party accused of contravening the plaintiff disagrees with the decision, the case will be brought before a court of competent jurisdiction, the trial court.
The judge has decided in the trial court, and if the other party still does not consider it a fair decision, they can appeal before the appellate court.
The court of final trial of the competent jurisdiction shall be the court of cassation, where the award shall be ratified or set aside, and the judgment of the judge of this jurisdiction shall be final and accepted by both parties.
Conclusion
Trademarks are valuable intellectual property. It is a sign that can distinguish the goods or services of a company from those of other companies. As a trademark owner, one needs to be familiar with trademarks. A trademark search is very crucial before filing a trademark application. One must always consult a trademark specialist before applying for registration.
Trademark laws in the UAE protect the trademark by abiding by strict law. Companies must remain vigilant and defend against the region’s trademark infringement. A trademark infringement is a serious offence, and the individual trying to infringe the trademark may be liable for imprisonment, a fine, or both. For comprehensive protection and insights into safeguarding your intellectual property, consider the process to Trademark a Logo in the UK.
Frequently Asked Question
Is trademark registration a compulsory requirement in the UAE?
No, registering your trademark in the UAE is not obligatory. However, it comes highly recommended. This is because registering a trademark empowers you with exclusive rights to certain products that operate and prosper under the umbrella of your registered trademark. It acts as a protective shield, warding off potential infringers and granting you the authority to take legal action should any infringement occur.
Is proof of use required for trade mark registrations and/or renewal purposes?
Proof of use is not mandatory during filing, registration, or renewal. However, proof of use may become necessary in cases involving cancellation due to non-use of previously registered, disputes regarding ownership, or claims of trademark infringement as required by specific circumstances.
