UAE has become one of the best commercial hubs because of its hassle-free business setup, advanced infrastructure, and unlimited business opportunities with a huge customer base. A trademark is used to distinguish the goods or services of a company from the goods or services of other companies.
Trademark registration is vital because it helps protect your company's name and logo so that no other businesses can use a similar name or logo as yours. Trademark protection in the UAE is 10 years starting from the date of filing the trademark application, and it is renewable.
To keep your brand name and logo safe from unauthorized usage by competitors, UAE trademark registration is important. According to the sources of the World Bank, the total number of trademark applications in the UAE was 8281 in 2021 alone. Wondering what is the process for trademark registration in the UAE? Scroll down to find out.
What to know about trademark registration
A trademark is usually a company name, brand logo, or a company's symbol and is a unique identifier for businesses and their products or services. They can be names, symbols, words, drawings, signatures, logos, pictures, seals, sounds, engravings, colors or any other mark used to differentiate between the goods or services of a company from other companies. Additionally, trademarks are important for businesses because they help consumers to distinguish between different brands and to make informed purchasing decisions.
Trademark registration in UAE gives the trademark owner exclusive rights to use the trademark in commerce. The trademark owner may license, franchise and sell his trademark. Since your trademark is legally registered, no other company can utilize or copy it without your exclusive permission. However, if another company infringes the rights given to the trademark owner, the trademark owner can seek provisional measures by obtaining an order on a petition from the Magistrate of Summary Justice at the Civil Court.
It is important to know that not everything can get trademark registration in the UAE. Here are some things that one cannot register as a trademark, which include:
● Names, logos, and other marks that are not distinctive enough.
● Marks that look the same or are similar to religious symbols.
● Public symbols of the UAE such as flags, coins, banknotes, etc.
● International organization symbols or logos.
● Marks that include logos or names of third parties without their consent.
● Geographical names and data that would create confusion between them and the original source.
It is important to note that trademark registration in UAE is not required, but helps you protect your brand and prevent third parties from using it without your consent.
In the UAE, the Ministry of Economy is responsible for registering trademarks.
Both natural and legal persons may apply for trademark registration.
Step-by-step guide to register your trademark in the UAE
Getting your trademark registered may seem like a complicated process, which is not the case. Here is a detailed step-by-step guide that explains how to register your trademark in the UAE legally and quickly through a registered trademark agent.
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: Filling the trademark application
To register a trademark, the registering agent must fill in the application available on the official portal.
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 the 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-day 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-day 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.
Registering your trademark in the UAE is beneficial as it helps you to legally protect your company's name, logo, or symbol. Furthermore, you will have the exclusive rights of your trademark and can sue in case of trademark infringement issues. Trademark registration in the UAE is a simple process.
All you have to do is check the availability of the trademark, fill in the trademark application, pay the fees, wait for the completion of the examination process, publish the trademark in the trademark journal, and obtain the trademark registration certificate. Trademark registration in the UAE has never been easier, click here to fill in the application and protect your rights!