Trademark registration in UAE, before starting, let us understand what a trademark is. A trademark is something that represents the business or the product manufactured or services provided by the company, for instance, the name, symbol, pictures or logos.
Consumers always identify the business through their trademark, so it should be something that always stays fresh in people’s minds.
The UAE has the designated authority to take care of trademark registrations and renewals. The Federal Law on Trademarks (No. 36 of 2021) is the primary law regulating trademarks.
This blog article will inform you how you can better protect your business in the face of all the competition.
Back to topWho can do Trademark Registration 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 practise 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 the basis of reciprocity.
- Other artificial persons.
Which Trademarks can be Registered in UAE?
There are certain limitations to keep in mind when you register trademark in Dubai, 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 the 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.
Back to topHow to Register Trademark in UAE?
Trademark registration in Dubai, UAE, may take a bit of time for your company, but it is necessary to protect the company from imitators. The following steps will give a detailed overview of the trademark registration process:
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Enquire about Current Trademarks
Before registering a trademark, the first step is to do a UAE trademark search to know if the trademark we want is already in use or not. This can be found 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 does the procedure of registering a trademark begin.
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Fill out the Application
The application for brand registration in UAE needs to be downloaded and then filled out. 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 the Person who will Sign the Application
- List of Goods and Services to be Protected
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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 through the Ministry of Economy's e-services portal.
The total estimated cost of trademark registration in UAE is around $10,437. You may need to incur some extra-legal charges or an extra translation fee.
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Evaluation by the Ministry
After the payment is made, the MOE will evaluate your application. If they found any incorrect information in your application that can lead to rejection.
After rejection, you can appeal and make the required corrections to your application, and if this time everything goes well, you will receive the trademark in 30 days.
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Publishing in Newspaper
The next after you get the approval, the authority will publish your document is two different newspapers to announce and check if anyone has any objection to the approved trademark.
Whoever has an objection should file a complaint within thirty days of publishing the application.
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Final Registration
If the ministry has not received any complaints within thirty days, you will be given a registration certificate that includes:
- Registration number.
- Date of the application.
- Business Owner’s name.
- Trademark and the description of the goods and services.
Note: This trademark is only for the UAE, and this will not work in any other nation. Trademarks are only a part of a larger umbrella group called Intellectual Property Rights.
Back to topValidity of Trademark Registration in UAE
The validity of trademark registration in UAE is ten years. After the given time period, you need to renew your trademark with the relevant authority.
Back to topRegister Trademark in Dubai, UAE, with Commitbiz
This process might take time. It is better to proceed with the process with the help of experts like Commitbiz. Even a small mistake can lead to bigger penalties and rejection.
If you are looking for such services, then look no further; contact us.
Back to topWhat 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?
Copyrights -
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.
Patents -
When someone violates the patent laws by copying the invention or its creation process.
Trademarks -
When a party is using the same trademark or something very similar to it and, uses as its own & uses it for commercial purposes.
