Complete Guide to Trademark Registration in UAE

Trademark Registration in UAE

Trademark registration in the UAE is a critical step for businesses looking to protect their brand identity and intellectual property rights in this dynamic market. With the UAE's strategic location, booming economy, and growing business landscape, safeguarding your trademarks is essential to maintain a competitive edge and prevent unauthorized use by others. This comprehensive guide explores the details of trademark registration in the UAE, covering everything from the registration process and required documentation to costs, benefits, and legal considerations. Whether you're a startup, multinational corporation, or individual entrepreneur, understanding the trademark registration process in the UAE is vital for establishing and preserving your brand presence in the region. It's important to note that the trademark law of the UAE applies uniformly across all seven emirates, Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Umm Al Quwain, Fujairah, and Ajman.

What can be registered as a Trademark in UAE

A diverse array of brand assets, including names, words, signatures, titles, letters, figures, characters, seals, posters, engravings, paintings, or labels, can be legally protected as a brand signature when trademarked. These elements help distinguish one brand from another, solidifying a company's identity.

According to Article 3 of Federal Law No. 37 of 1992, under the scrutiny of legal authority, certain items such as geographic names, banknotes, honorary degree details, and any marks that might mislead the public or breach public order are excluded from trademark services and cannot be trademarked.

While not obligatory, trademark registration in UAE empowers businesses with exclusive rights to their brand and legal power of attorney. This not only safeguards the registered trademarks from potential infringers but also provides a solid foundation to pursue legal action if trademark infringement occurs.

What cannot be registered as a Trademark in UAE

There are specific considerations to keep in mind when filing for trademark registration in the UAE. The trademark services in the region stipulate that the trademark must not encompass prohibited content, ensuring compliance with UAE regulations.

• Violations of public morals and beliefs.
• Symbols in the public eye (such as flags).
• Red Cross and Red Crescent symbols, for example.
• Third-party names and titles.
• Other well-known trademarks translated directly.

Navigating the complexities of trademark registration can involve additional stipulations, which should be reviewed with a legal authority or a seasoned trademark attorney to ensure full compliance with the official regulations.

Who can apply for Trademark Registration

Any individual or organization aiming to set their products or services apart should initiate the process to register trademark in UAE, ensuring their brand is legally recognized. To safeguard their interests in the global market, it's essential for businesses to file for trademark registration in UAE and in any other jurisdictions where they wish to protect their products or services. Utilizing trademark registration services ensures comprehensive protection of intellectual work.

However, trademark registration in UAE is not available to just anyone, only certain parties are eligible to register trademarks. Federal Law No. 37 of 1992 on Trademarks outlines who can utilize trademark services to secure their branding rights.

1. Eligible parties for trademark registration include UAE nationals, as well as natural and legal entities active in any economic, technological, technical, or service sector, affirming their right to trademark .

2. Foreigners and both natural and legal persons involved in economic, technological, technical, or service sectors are also entitled to pursue trademark registration, securing their trademark in the UAE.

3. Additionally, foreigners and natural or legal entities active in economic, technological, technical, or service sectors abroad can seek trademark registration in the UAE based on reciprocity, ensuring access to trademark services.

4. Other artificial persons.

Trademark rights are allowed in the United Arab Emirates under the Trademark Law. This legislation has been in effect since 1992, and it was amended in 2002.

Documents Required for Trademark Registration in UAE

One must keep these documents in hand before initiating the trademark application process.

Trademark Registration Process in UAE

How to register trademark in UAE?

While the process to register a trademark in the UAE may appear straightforward, it can become quite intricate. Any error during the examination process of the application can lead to rejection. The average duration to successfully complete trademark registration is approximately 6 months.

6 easy steps to UAE Trademark Registration

Outlined here are the six pivotal steps for securing your trademark registration.

1. UAE Trademark Search

   Prior to initiating the registration process, it's crucial to perform a thorough trademark search to verify that the proposed trademark is not already taken or infringing on existing trademarks. Engaging in a detailed trademark search in the UAE is a proactive step to circumvent future legal complications.

2. Preparing the Application

   After completing the trademark search, the subsequent phase involves compiling the trademark registration application. This application must include all vital details, including the applicant's information, a clear depiction of the trademark, and specification of the goods or services the trademark will represent.
   
   To start the application process, you must first obtain the online application form from the MoE website and fill it out carefully. The form is readily accessible on the Ministry of Economy's e-services platform, and it's imperative to attach the previously mentioned required documents.

3. Submitting the Application

   Submit the registration application (trademark registration request), and pay trademark registration fees, to the UAE Ministry of Economy via their dedicated trademark registration portal. Accuracy and completeness of the application details are essential to prevent any hindrances or disapprovals in the registration journey.
   
   In the UAE, the cost for trademark registration is set at AED 6509 (USD 1773), not including professional or other additional charges. Applicants should be prepared for additional expenses such as professional fees, court fees, legal and translation fees, etc.

4. Examination and Publication

   Following submission, the trademark office under the Ministry of Economy scrutinizes the application to confirm adherence to all mandatory requirements. Should the application satisfy all criteria, it will be slated for trademark publication in the UAE's official gazette.

5. Opposition Period and Publication of the Trademark in the Official Gazette and 2 Local Newspapers

   The application, once it passes the formal examination phase, enters the Opposition Period, during which it is announced in the official gazette and two local newspapers. This phase is critical, and applicants should be aware of the publication fees associated with these notices.

   Following its initial approval, the trademark is published, allowing a set period for any party to contest the registration in the official trademark journal. Should the timeframe lapse without opposition, the trademark advances towards finalization. Objections to the above trademark applications are to be filed within a 30-day window post-publication.

6. Registration and Trademark Certificate Issuance

   In the absence of any oppositions, the trademark registration process concludes with the issuance of a trademark certificate. This document is a testament to ownership and confers legal safeguards to the holder, detailing the registration number, filing date, company and owner's names, the trademark itself, and a catalogue of associated goods and services.

A trademark registered enjoys protection period of a decade of validity in the UAE, with the option for a decade-long trademark renewal upon fee settlement. It's pivotal to recognize that these trademark services safeguard rights exclusively within the UAE, as trademarks form just one aspect of the expansive realm of Intellectual Property Rights.

Trademark Registration Cost in the UAE

The trademark registration cost in the UAE stands at AED 6509 (USD 1773) covering the trademark registration fee exclusively. However, there are additional charges such as professional fees, bank fees, court fees and translation fees.

Other Trademark Registration Fees

Below are the types of fees involved in the registration of trademarks:

• Application Fee

  The payment for filing a trademark application is due at the time of submission. The total required fees may fluctuate based on the number of classes for which the trademark is filed.

• Examination Fee

  Upon submission, the trademark office conducts a thorough review of the application to ensure it meets all criteria, levying an examination fee for this trademark service.

• Publication Fee

  Should the trademark application clear the examination phase, it is then published in the UAE's official gazette, necessitating a publication fee for this part of the trademark publication process.

• Registration Fee

  Following the publication, should there be no challenges against the trademark, it is imperative to pay the stipulated registration fees to complete the trademark registration process.

Trademark Renewal Fees: Trademark validity in the UAE is 10 years. Upon expiration, the trademark protection can be extended for another decade by settling the required trademark renewal charges.

How to Renew a Trademark in the UAE

To successfully renew a trademark in the United Arab Emirates (UAE), it's essential to adhere to the specified steps and procedures.

1. Determine the Renewal Date

   To maintain your trademark registration, pinpoint the renewal date. In the UAE, the validity of trademark extends for a decade from the initial application date or the most recent renewal.

2. Prepare the Renewal Application

   Before the renewal deadline approaches, compile an application for trademark renewal, ensuring all necessary documentation is included.

   • Trademark registration number
   • Applicant's details
   • Representation of the trademark
   • Class(es) under which the trademark is registered
   • Power of Attorney

3. Submit the Renewal Application

   Dispatch the filled-out renewal application, along with the required documents, to the UAE Ministry of Economy's Department of Intellectual Property. To avoid delays, it's wise to pay the renewal fees and submit the application well before the renewal date.

4. Review and Processing

   Upon receipt, the Department of Intellectual Property, under the Ministry of Economy, will scrutinize the renewal application. Once verified, the service delivery is executed, extending the trademark registration for an additional ten-year term.

5. Certificate of Renewal

   Once approved, the UAE Ministry of Economy's Department of Intellectual Property will issue an e-certificate, which serves as a valid registration certificate for the renewed trademark. This digital registration certificate is a testament to the legal acknowledgment of the trademark's extended validity.

What are the Benefits of Trademark Registration in UAE

Trademark registration endows owners with numerous benefits related to use and security, including a legal presumption of ownership that empowers brand owners with the freedom to utilize their brand assets. By registering trademarks, you gain the ability to protect your name and prevent the use of similar marks, thereby safeguarding your brand assets.

1. Legal Protection

   Securing trademark registration in the UAE offers robust legal protection against infringement and counterfeiting, granting you exclusive rights to your trademark. This ensures that no one else can use your brand without your explicit permission, safeguarding your legal interests.

   
   
2. Asset Formation

   A trademark is a pivotal brand identity element for your business, with its value directly linked to your service's market reputation. Trademarks facilitate cross-industry expansion, and trademarks themselves can be traded, acquired, or even leveraged as collateral for business financing.

   
   
3. Brand Recognition

   Organizations that pursue brand registration in UAE solidify their market identity and enhance their brand name in UAE, fostering trust and credibility among consumers and competitors alike. This strategic move strengthens the firm's market presence and ensures smoother operations, free from the hurdles faced by unregistered entities.

   
   
4. Independent existence of the Business

   A trademarked logo empowers a brand to fully capitalize on its products and services' renown, transforming these goods into valuable brand assets. This intangible asset is primarily linked to the company's reputation, something that products with an unregistered trademark can never achieve.

   
   
5. The Credibility of the Firm Rises

   Businesses that invest in trademark services not only elevate their brand identity but also secure their integrity for the long haul. The unique emotional and intellectual attributes embedded in the brand image and logo are preserved under trademark law, fostering a distinguished reputation that prompts customers to recognize and remain loyal to the company.
   
   By skillfully crafting content that mirrors the company's brand identity, it successfully conveys a quality image to the target audience. This strategic presentation positively impacts the brand's perceived value, ultimately elevating its stature among consumers.

   
   
6. Right to use ‘Registered’ or ® in the brand name

   Upon successful trademark registration, the corporation gains the right to use the trademark registered symbol “®” alongside its trademark. This symbol serves as a clear indication that the associated products and services are uniquely linked to one enterprise, effectively notifying others of the company's trademark rights.

7. Business Expansion

   Securing a registered trademark can be a pivotal step in penetrating the global market. It bolsters your business's credibility and reputation, thereby smoothing the path for forging new business relationships and broadening your commercial footprint.

The benefits of trademark registration for your business in the UAE are manifold, particularly when considering international growth. It not only aids in safeguarding your company's name globally but also ensures your brand is well-protected as your company scales.

Why Should You Register Your Trademark as a Business Owner

Experiencing theft can leave anyone feeling vulnerable and exposed, prompting actions to bolster personal protection and ensure customer protection. However, many overlook the theft of intellectual property, a critical asset that requires vigilant safeguarding.

To safeguard your brand and innovations against unauthorized use, trademark registration is essential. This legal measure extends protection across your products and trademarks, guaranteeing that your intellectual creations are secure and that all rightful profits are yours.

Seeking to secure your trademark in the UAE? Our seasoned business consultant and trademark registration agent are at your service, ready to guide you through the cost implications and the entire registration process. Reach out to us for expert assistance by dropping us an email at connect@abounaja.com or give us a call at +971 4 282 2677. Alternatively, you can schedule a complimentary consultation with us here.

Frequently Asked Questions

What is a Trademark?

Trademarks are distinctive elements of a brand such as logos, slogans, hallmarks, packaging, names, words, signatures, letters, figures, graphics, titles, seals, patterns, announcements, packs, or symbols that distinguish it from its competitors.

What can be registered as a Trademark in the UAE?

Signatures, titles, characters, seals, posters, engravings, names, paintings, and any kind of label that serves to distinguish a brand from another, can all be trademarked. According to Article 3 of Federal Law No. 37 of 1992, geographic names, banknotes, details of honorary degrees, and marks that could deceive the public or actually violate public order are not considered trademarkable.

Who can apply for Trademark Registration?

An individual or organization who desires to differentiate his/their products or services by means of a trademark should file for trademark registration in the UAE as well as in those jurisdictions where they want their products or services to be protected.

How can I register a trademark in the UAE?

To register a trademark in the UAE, you must first confirm that the trademark is not already in use. This can be done through a trademark search. Then, you must fill out the trademark application form, submit the required documents, and pay the trademark registration fee.

How long is a trademark valid in the UAE?

The trademark's validity lasts 10 years and can be extended for another 10 years upon renewing the trademark.

Who is eligible to register a trademark under Federal Law No. 37 of 1992 on Trademarks?

People of the United Arab Emirates, as well as natural and artificial persons engaged in any economic, technological, technical, or service sector; foreigners, as well as natural and artificial persons engaged in any economic, technological, technical, or service sector; foreigners, as well as natural and artificial persons engaged in any economic, technological, technical, or service sector in any other country on the basis of reciprocity; and other artificial persons, are all eligible to register a trademark under the law.

Is trademark registration mandatory in the UAE?

No, trademark registration in the UAE is not mandatory. However, it will assist you in securing exclusive rights to operate and benefit under the registered trademark and protect the name from alleged infringers, giving you the power to take legal action in the event of an infringement.