As an owner of a company in the UAE, trademark registration is necessary for legal protection against counterfeiting or infringement. You get the right to utilize your exclusive trademark, and no one else can use it without your permission. Anyone trying to violate your trademark can fall into serious trouble as the UAE follows a strict Trademark Law to protect unique brands like yours.
Trademark registration in UAE paves the way to legally secure your trademark and establish a stronger presence in the eyes of your clients and customers. Registering a trademark comes with several advantages, and one of the most significant ones is protection against infringement.
What is a Trademark Registration?
As you may know, a trademark is intellectual property, and registration of trademarks leads to the legal protection of the logo, name, or symbol of the company. Trademark registration also ensures that a brand gains recognition and helps maintain goodwill. Registering a trademark is not mandatory but it is highly recommended due to the above key advantages.
Once you have successfully registered a trademark, you can be assured that any violation leads to penalties and punishments, as trademarks in Dubai and UAE are protected by the strict Trademark Law prevalent in UAE. In other words, after successfully registering your trademark, the name of your brand, and your unique symbols, designs, and logos are protected.
What are the Benefits of Registering a Trademark in UAE?
There are indeed several benefits of opting for a UAE trademark registration, such as:
The most significant benefit a company gets from trademark registration in UAE is the protection of their brand. No one can use the same trademark as your trademark is protected under the strict Trademark Laws. Anyone violating these laws suffers heavy penalties.
Safeguarding your Business Identity
UAE boasts a dynamic business environment, and to thrive in this competitive scenario and stand out, it is essential to give your business or brand a unique identity. With trademark registration, a company can obtain a unique identity and safeguard its rights.
Solid Proof of Protection
Your trademark is your solid proof that your brand is protected legally. This proof can guide you in taking legal action against those who try to violate your trademark.
No Need to Rely on Common Laws
Common laws are not applicable to your company or business as every registration of a trademark is bound by the strict UAE Trademark Law. All seven emirates of the UAE comply with the Trademark Law.
A Valuable Asset
Your registered trademark is a valuable asset that can be sold, franchised, and also licensed.
Step-by-Step Process of Registering a Trademark in UAE
Trademark registration in Dubai, or any other emirate involves several steps which are the following:
Step 1: Check the Availability of the Trademark
The official portal offers the service of submitting a request to check if the proposed trademark is already registered and used by another party. This service facilitates the trademark registration process as it assesses whether the same or a similar trademark is already registered. The registering agent offers this service for a set price.
Step 2: Filing an Application
To register a trademark, the registering agent must fill in the application available on the official portal with the required details.
The required documents include:
- Personal information of the applicant (name, address, email address, telephone no..)
- Passport copy
- A list of goods/services to be covered by the application (to determine the class that the trademark belongs to out of the 45 classes available)
- Soft copy/Electronic copy of the mark (artwork or logo) to be registered
- Power of Attorney (Notarized by the Notary Public and legalized up to the UAE)
- Copy of trade license (in case it is a company)
A certified copy of the priority application (scanned via Email only) along with its simple English translation (if not in English Language), if priority is claimed (claiming priority can be made only within 6 months from the first filing date in a member state under Paris Convention).
However, the Trademark Office is accepting filing trademark applications with an undertaking letter issued from the registering agent’s end stating that the original legalized document should be submitted within 90 days from the filing date. The 90 days period is considered a non-extendable deadline.
Step 3: Payment of the Application
Once the application is filled in, the registering agent will pay the application fees on behalf of the applicant.
Step 4: Evaluation of the Trademark Application
Once the application is submitted, the Trademark Office conducts an examination process of the proposed trademark to impose any possible restrictions and amendments to prevent the confusion between the proposed trademark and an already registered trademark within 6 to 8 months which may vary based on the trademark registration office’s workload. And after such restrictions and amendments are announced, the applicant must respond to this notification within 30 days or else the application would be cancelled. In case the Trademark Office decides on the rejection or suspension of the registration, the registering office can file a grievance with the Trademarks Grievance Committee against such decision within 30 days of being notified of such decision. The decision of the Trademarks Grievance Committee may also be appealed within 30 days of being notified of such decision.
Step 5: Publication of the Trademark
Once the registration of the trademark is accepted, the Trademark Office will publish it in the trademark journal within 30 days of acceptance. A 30 days period from the date of publication is granted to file an objection against the registration of the trademark.
Step 6: Issuance of Registration Certificate
The Trademark Office issues the registration certificate within two to three months of publication of the trademark in the trademark journal without objection to its registration provided that the registering agent has paid the trademark registration fee on behalf of the applicant.
Your registered trademark is a valuable intellectual property that can help you thrive in the competitive environment and establish a distinctive identity.
Once you have successfully registered a trademark, you can enjoy numerous benefits including the ability to safeguard the identity of your brand and to protect it against violation.