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If you’re an entrepreneur looking to establish a business presence in the UAE, registering a trademark is essential in protecting your brand name and identity.
A trademark is any unique visual representation that distinguishes your goods and services from those of others, indicating the source of origin.
It is essential to register your trademark in the UAE. This will help protect your brand from being copied or used by others without permission. It also helps keep your brand’s reputation and credibility safe.
With the recent issuance of Federal Decree-Law no. (36) of 2021, the protection of trademarks in the UAE has been strengthened. This law outlines the necessary measures for enforcing and protecting registered trademarks.
According to the Federal Decree-Law No. 36 of 2021 on Trademarks, a trademark can be a word, phrase, symbol, design, or combination thereof.
These marks must be distinctive or unique enough to identify your business and services from others.
The UAE Trademark Office follows the 11th Edition of the Nice Classification of Goods and Services.
The office has implemented the Single Class System, meaning each class’s trademark application should be filed separately. This system helps streamline the registration process and ensures the effective allocation of resources.
The UAE law states that any individual or company that uses a trademark within the UAE without registering it will not be protected under the law.
However, once a trademark is registered with the relevant authorities, it grants the trademark owner exclusive rights to use and protect the trademark across all seven emirates that make up the UAE.
Therefore, it’s crucial to take the necessary steps to register your trademark to avoid any legal issues down the line.
In this blog post, we’ll guide you through registering your trademark in the UAE.
We’ll cover all the essential steps, documents required, and the fees associated with trademark registration.
Trademark System in the UAE:
In the UAE, the primary principle for trademark protection is the “First to File” system. This means that the individual or business who first files a trademark application with the UAE’s trademark authorities will generally be granted priority and rights to use that trademark in the UAE.
In this context, it’s essential to register your trademark as soon as possible to secure exclusive rights to its use in the UAE. Relying solely on prior usage without registration may not provide the same level of protection under the UAE’s current trademark laws.
Documents Required:
– Trademark logo
– A copy of the commercial license: If you are applying in the name of a company or organization, you must have a commercial license.
– Power of Attorney: If you use a registered trademark registration agent to submit your application, you must give them legal power of attorney.
– Priority document
– Passport copy
Requirements:
|
Company |
Individual |
|
– Trademark in PDF file – Scanned copy of Trade License – Scanned Passport copy Power of Attorney |
– Trademark in PDF file – Scanned Passport copy – Home address – Power of Attorney |
Process:
Trademark search
Before registering your trademark, check if someone else already has it. Look in the Federal Institute of Intellectual Property database to find out.
If someone else has it, pick a different one. If not, you can go ahead and register your trademark.
Filing of a Trademark Application
To register a trademark, you must apply with the Ministry of Economy. Go to the website moec.gov.ae/en and look for the button that says “eServices.” Click it to get started with your application. This is where you can upload all the other required documents mentioned above.
Payment:
After you submit your application, you must pay the trademark registration fee.
Right now, it is AED 8,700, but this subject to change. If you want to register more than one trademark or in multiple classes, you must pay extra fees.
The Ministry of Economy will look at your application for a trademark in the UAE.
Sometimes, mistakes or misspelled words could lead to the application being rejected.
If this happens, don’t worry.
You can either appeal or change the information you have already given. Usually, it takes 30 days to get an answer.
Publishing Fees for Trademark Registration
After your trademark is accepted, you must pay extra fees to get your trademark published in two local Arabic newspapers for one day.
After your trademark is published in two local newspapers, it might still not be accepted.
Someone may object to it within 30 days. If they do, the Ministry of Economy will look at their objections and decide if your trademark can keep being used according to the law.
You are now ready to get your official registration certification from the trademark office, which will include your registration number, the date of the application, name of the business, owner’s name, the trademark and a description of your product, goods, and services.
Trademark Validity:
The validity of a registered trademark in the United Arab Emirates (UAE) is ten years from the date of filing the trademark application. After the initial ten-year period, trademark owners have the option to renew the trademark for subsequent ten-year periods.
How we can help:
At D’Andrea & Partners, our team of experienced legal professionals provides comprehensive and expert assistance in registering trademarks in the United Arab Emirates (UAE), such as advising on registration through search report, selection, preparing and prosecuting trademark applications and advising on registration in relevant trademark classes based on the type of business.
Disclaimer
The content and the writing of the present document did not enjoy any other input in addition to the ones specifically mentioned. D’Andrea & Partners reserves the right to update the information included in the present document at any time, according to any change in the relevant Rules or updated information. The use of the present document is strictly reserved to the recipient only. Any transfer or any total or partial reproduction is strictly forbidden unless previous authorization from D’Andrea & Partners.
