Trademark in UAE

How to Get a Trademark in UAE in 2022?

Do you plan to register a trademark in the UAE? Then you have to come to the right place. You can use this blog as a comprehensive guide to registering your trademark in UAE. Let’s get started!

A trademark is a symbol, word, or group of words that represents a company or product. Once the trademark is registered, it may not be copied or used by any other company without express permission.

The Ministry of Economy is the competent authority overseeing all UAE trademark registrations. The trademark registration in the United Arab Emirates covers all seven emirates.

The Procedure of Filing a Trademark in UAE

A trademark search in the United Arab Emirates is not a mandatory requirement, but it would be wise to get it registered and own its protection against being stolen.

After completing 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. 

Apply for the Registration of a Trademark in UAE; Required Information

Anyone applying for a UAE trademark application must include the following information to obtain a filing date: 

  1. Incorporation certificate
  2. Applicant identity proofs
  3. Power of attorney
  4. Business description
  5. Priority document
  6. Classification as per norms as per the Trademark register laws of UAE
  7. The image of the trademark/logo in soft copies in black and white
  8. If the trademark has already been granted in another country, the certificate of trademark registration
  9. Translation of words in the trademark
  10. Other documents unique to the application

Upon receipt of the file, the registrar will review the application as per UAE trademark law. 

The registrar issues an order to accept or reject a trademark application.

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 opposition period is 30 days, and the statutory opposition period begins after the trademark is published in the official gazette.

If there is no objection to the trademark within the agreed period, the Ministry of Economy will issue a certificate of approval. The certificate includes the registration number, filing date, company and owner names, trademarks, and a list of eligible products, products, and services.

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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 trademark 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, legalized at the UAE Embassy.

What to Do if Someone Infringes on your Trademark Rights?

There are two ways to handle a situation where you find out someone else is infringing your trademark.

  1. Trademark owners can send legal notices to someone they believe is copying their trademark, notifying the other party that they must stop their illegal actions of using someone else’s trademark.
  2. 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 UAE Ministry of Economy. A trademark infringement case can be brought in three jurisdictions:
    1. 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. 
    2. In the trial court, the judge has made a decision, and if the other party still does not consider it a fair decision, they can appeal before the appellate court. 
    3. 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 the 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 continue to be vigilant and defend against the region’s trademark infringement. A trademark infringement is a serious offense, and the individual trying to infringe the trademark may be liable for imprisonment, a fine, or both.

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