UAE. A country known for luxury living, the fastest growing economy, and is now on the path to becoming one of the world’s commercial hubs.

In the wake of this commercialization, the number of brands and eventually trademarks has grown exponentially, and therefore, people find it difficult to decide which trademark to use for your brand. Here’s our complete guide on how to check the trademark availability for trademark registration in the UAE.

Introduction

Over time, trademarks become synonymous with the company name, and you no longer need to know the name of a company to identify it.

Imagine the bitten apple shape that Apple uses as its logo, the swoosh logo that Nike highlights on all of its products, Google search engine, and Amazon written in a way depicting the absolute message that they sell everything from A to Z.

Therefore, whenever one comes up with a potential trademark to be registered, they may think that such a trademark has never been used before or can never be thought of by someone else. We often think that our ideas can never be thought of by someone else; this is where a Trademark search comes into the picture.

A trademark is a word, design, or symbol that distinguishes a product from other products of the same nature. It is considered part of intellectual property rights.

Trademark law in UAE prevents a company from using a name that could be confused with that of a competing company. If you choose a business name that is too similar to a competitor’s, you may end in legal trouble for trademark infringements and may have to change their name and pay damages. 

There’s only one way to ensure one is not infringing on someone else’s trademark rights by researching whether another company has been using the same or similar name as the one you want to use. Trademark search uncovers similar/identical registered and unregistered trademarks, allowing trademarks to identify and assess the viability of proposed trademarks and any risks regarding their registration.

Limitations to be Aware of while Checking the Trademark Availability

If you wish to register a trademark in UAE, it must not contain any of the following: 

1. Violation of public ethics and religion 
2. Public symbols
3. Symbols like Red Cross and Red Crescent 
4. Name or title of the third party 
5. Direct translations from other famous brands

Most Common Types of Trademark Searches

1. Identical trademark searches: Identify visually or acoustically identical brands or devices. 
2. Similar trademark Search: Identify marks that are identical and confusingly similar. 
3. Trademark Search with Advice: includes attorneys’ recommendations for identical or similar trademark search results based on their review of pre-defined trademarks. 
4. Search by index: Identify companies with similar/similar names to the search term.
5. Examining trademarks in use: check that the third party with prior rights is correctly using their trademark rights, which could be grounds for objection to registration and 
6. Trade Name Search: Identify trade name rights that may conflict with your desired trademark, and identify businesses with similar/similar names to search terms.

Steps to Registering a Trademark in UAE

One can complete the trademark registration process online on the Ministry of Economy website. This reduces the administrative work required in the past and the processing time from application to issuance of a trademark certificate to less than 6 months. Currently, it includes the following steps:

1. Ensure the trademark is not already in use, registered, or in the registration process. 
2. Fill out the online application form on the website, and attach the bellow mentioned documents.
3. Logo of trademark
   • Copy of Trade license 
   • Power of Attorney 
   • Copy of passport 
   • Priority document 
   • List of protected goods and services

3. Payment of fees for trademark registration
   • Search for trademark – AED 350
   • Submission of Application – AED 750
   • Publication – AED 750
   • Registration of trademark – AED 5,000
   • Renewal of trademark – AED 6,500
   • Assignment – AED 2,000
   • Change of name/address – AED 1,100
   • Opposition – AED 7,500
   • Hearing – AED 350
   • Obtaining replacement certificate – AED 150

4. The Ministry of Economy will review the trademark application in UAE once it is submitted.
5. Once a trademark registration in UAE has been approved, it is advertised in the official gazette as well as in two local Arabic newspapers.
   • The public has 30 days to object to a trademark after its publication in two Arabic-language newspapers in UAE. If someone objects to a trademark during this time, the Ministry of Economy will review, reject, or notify the applicant.
   • If no objection is received to a trademark within 30 days of publication, the Ministry of Economy will issue you a certificate of trademark registration in UAE. The trademark registration certificate consists of the registration number, trade name and owner’s name, the mark itself, and a description of the goods and services.

6. UAE registered trademarks remain protected for 10 years. Trademark owners can renew their trademark registration in UAE every 10 years by applying for the procedure. When the validity of the trademark registration ends, a renewal must be filed within three months from the expiration. However, for each month you delay in renewing your trademark in UAE, you will have to pay a fine of AED 1,000.

7. After receiving the trademark renewal application in UAE, the Trademark Office will review the application. If the application is properly filed as per the rules and regulations, the office will formally approve the extension. 

8. Details of the renewal of trademark registration in Dubai, United Arab Emirates, will be published in the Official Gazette as well as in two Arabic newspapers. In this case, the publication is for informational purposes only, and other parties are not allowed to object to the renewal of the trademark in UAE.

Conclusion

A trademark search is vital before filing a trademark as it ensures that a similar or same mark is not already used. Sometimes such marks are not registered. In this situation, one must search such trademarks through other sources to check whether the goods and services of the existing non-registered trademark are not the same as yours.

UAE has given certain limitations while filing a trademark. Therefore, one must always be careful while filing a trademark. If one doesn’t do a thorough Trademark Search, they may end up infringing the existing trademark. To be on the safer side, always consult with a trademark attorney.