One of the essential works you need to perform before setting up a company in the UAE, or anywhere for that matter, is to investigate the competitors and the business environment. The chances are that you may find businesses similar to yours that deliver identical goods or services. In such a case, you will need to showcase the distinct qualities of your business and try to differentiate your business so that it is better able to attract its customers.
You can easily do this with a brand or a logo of your choice, making your business easily recognizable and attracting customers. However, if your company gets the traction you anticipated, people will start imitating your brand, which can hamper the business's goodwill. Thus, you will have to protect the brand so that no one else can utilize the brand without your express permission.
In recent times, fast-growing countries like the UAE have needed trademark registration services. This is because of the inflow of all the business and the competition in the local markets. This blog article will inform you how you can better protect your business in the face of all the competition.
What is a Trademark?
A trademark is a symbol, a word or a group of words representing a company or a product. Since it is legally registered, no other business can copy it or use it for its purpose without explicit permission. The recognisability of the mark helps in distinguishing the product or service from other competitors. Ministry of Economy is the competent authority that oversees all the trademark registrations in the UAE.
Who can Register for a Trademark in UAE?
According to Federal Law No. 37 of 1992 on Trademarks as amended (Arabic), the following persons can register their trademarks:
- The UAE citizens and natural and artificial persons practising any commercial, industrial, professional or service business
- Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business
- Foreigners and natural and artificial persons practising any commercial, industrial, professional or service business in any country on basis of reciprocity
- Other artificial persons
Which Trademarks can be Registered in UAE?
There are certain limitations to keep in mind when registering trademarks in the UAE. If you wish to register a United Arab Emirates trademark, it must not contain any of the following:
- Offences against public morals and religions
- Public symbols (such as flags)
- Symbols such as for Red Cross and Red Crescent
- Names or titles of third parties
- Direct translations of other well-known trademarks
There may be additional limitations to what you can include in your trademark, which you can find out by contacting the Ministry of Economy.
Steps for Trademark Registration in Dubai
Registering the trademark for your company may take a bit of time, but it is necessary to protect the company from imitators. The following steps will give a detailed overview of the trademark registering process:
1.Enquire about Current Trademarks
Before registering a trademark, the first step is to for a UAE trademark search to know if the trademark we want is already in use or not. This can be found out by searching online. If it is found to be in use by a different business entity, the particular trademark cannot be used by you. Only after choosing the appropriate trademark the procedure of registering a trademark begins.
2.Fill out the Application
The application to register a trademark needs to be downloaded and then filled in. The form can be downloaded online from their e-services website. You would require the following documents while filing for registration:
- Power of Attorney
- Trading License
- Contact Details of Applicant
- A Sample of Trademark Design
- ID or Passport of Person who will Sign the Application
- List of Goods and Services to be Protected
3.Pay the Required Amount
After acquiring the necessary documents, you will be required to pay a trademark registration fee. This payment can be made online in the e-services portal of the Ministry of Economy. The total estimated cost of registering a trademark in the UAE is around $10,437. You may need to incur some extra legal charges or an extra translation fee.
4.Evaluation by the Ministry
After the payment is made, the MOE will evaluate your application. Any problem such as an unfilled query or any wrong answer will result in the rejection of your trademark application. If your application is rejected, you have the right to appeal and then make the necessary changes in the application. If there are no problems with your application, you will receive approval for the trademark within 30 days.
5.Publishing in Newspaper
After giving you the approval, the Ministry will publish the document in two different national newspapers. It is to be noted that publishing the announcement in the two newspapers will be borne by the applicant. If anyone has any objections to the trademark, they can voice their complaint within thirty days of publishing the application.
If there is no complaint against the trademark at the specified time, the Ministry of Economic will provide you with a registration certificate. This would include the registration number, date of the application, name of the business and the owner's name, your trademark and the description of your product, goods and services that are categorized under it.
These are the six steps that need to be followed by you to get your trademark registered. Once the trademark is registered, it would be valid for ten years, which can be further renewed after a specified amount. We also need to keep in mind that this registration process would only protect your trademark in the UAE and not outside the country. Trademarks are only a part of a larger umbrella group called Intellectual Property Rights.
Trademark UAE Validity
A trademark registered in the UAE has a validity of 10 years, after which it must be renewed for an additional cost. Bear in mind that registering your trademark only protects it in the seven emirates of the UAE, and not anywhere else in the world.
Register Trademark in UAE with Commitbiz
The process mentioned above may look simple enough, but even a single mistake in the application process can result in the rejection of the trademark. Thus it would be beneficial to hire a firm that would ensure that your application has all the relevant information needed. If you are looking for such a firm, then look no further as our advisors at Commitbiz can help you in this matter. We will take care of all the problems you face by providing customized solutions for your business. If any query on the various services we provide, do contact us – we'd be happy to help.
What are the types of Intellectual Property rights in UAE?
Inventions (rights in trade secrets, patents, supplementary protection certificate)
Brands (certification marks, hallmarks, rights to prevent unfair competition)
Other Creations Technology and Proprietary interests (coprights, design rights, database rights)
What are the remedies in case of any infringement of any intellectual property in UAE?
Monetary relief will be determined by the courts based on the scale of loss.
You can file a petition in the Supreme Court requesting the confiscation of the infringing party’s assets like - infringement products along with the equipment that was used to manufacture it.
The Court has the power to order the demolition of the infringed products.
In case of any Infringement, What is the cost of the enforcement proceedings?
In case of any civil claims, the cost before the Court is around AED 40000 (USD 10889.98). When you’re making a claim for the damages done more costs will get added to it.
What all is required for establishing the infringement of any Intellectual Property right?
When a person or a party violates any of the copyright rules set by the owner without his/ her consent. For example - copying, adaptations, or reproducing of the copyright owner’s work.
When someone violates the patent laws by copying the invention or its creation process.
When a party is using the same trademark or something very similar to it and, uses as its own & uses it for commercial purposes.