The UAE's strict trademark registration system aids brand growth globally, ensuring protection and goodwill within its borders and facilitating recognition in chosen regions.
UAE, for years, has been following a strict trademark registration process for individuals and businesses to help brands thrive in a competitive global market. The Trademark registration ensures protection to brands within borders and helps maintain goodwill. Trademark registration marks the stepping stone for a brand to build recognition across regions of their preference.
About UAE Trademark Registration
A reputable member of the Paris Convention for the Protection of Industrial Property since September 19th, 1996, the United Arab Emirates or UAE is a part of several international treaties that protect intellectual property rights. UAE also follows the standards of the International Classification of Goods and Services (11th Edition), also recognized as 'Nice Classification' for the trademark registration process.
The strict Trademark Law of UAE is followed by all seven Emirates, including Dubai, Abu Dhabi, Sharjah, Fujairah, Umm All-Quwain, and Ras Al-Khaimah; thus, with only one application, you can get a trademark license for all these Emirates. Separate applications are only required for listing different goods and services and their classification.
After Filing A Trademark Registration
Opposition: After filing a trademark application, it is passed for examination. The Registrar examines the documents and the criteria, and the accepted applications are published in Trademark Journal. A notice of opposition can also be filed by an interested party within 30 days of the publication.
The Registrar then views the opposition, and a decision is taken. If necessary, the Registrar may appeal the opposition to the Trademark Office Committee, and the Committee's decision can be further passed to the court. In case of the absence of opposition, a trademark can be registered, and the relative registration certificate is issued.
Payment Of Registration Fee: The payment of the registration fee is required to be made within 30 days of the expiry of the opposition period. The date of decision received from the Trademark Office regarding an opposition (if any) is also considered. Based on the dates, a registration invoice is generated and issued at the filing stage in order to attend to the payment of the official fees to the Trademark Office.
The Renewal Period: Upon the completion of trademark registration, the license is valid for ten years from the date of the application. Prior to expiry, the trademark registration can be renewed by paying a minimal renewal fee. This fee needs to be paid during the final year of the protection period and not after that.
Just in case you are late to pay the renewal fee, a grace period of 3 months is allowed; however, a fine is applicable. The applications for the renewal of trademark also find a place in Trademark Journal.
One of the reasons the trademark registration and renewal process is considered easier in the UAE is because the ownership of a registered trademark can be assigned with or without the goodwill of a commercial enterprise. Also, unless an assignment has been recorded in the register and published in the Trademark Journal, the assignment will not have any effect on the vis-à-vis third parties.
Changes in Records: Changing of names and addresses of the applicants are possible, but it must be recorded for the protection of rights. Other than these rectifications, any registered user agreement, licenses and amendments which do not affect the mark's identity substantially, limitation of the list of goods and services protected by a trademark registration can also be recorded.
Using of Trademarks: For maintaining the registration in force or filing applications for registration, the use of trademarks is not mandatory. The cancellation of trademark registration is also possible if an interested party appeals to the court or if an owner in UAE fails to use and maintain the trademark for five consecutive years from the date of registration.
Unauthorized Or Illegal Registered Trademark
All the seven Emirates of UAE are very strict about their Trademark laws; thus, any violation can lead to penalties and punishments. The illegal or unauthorized use of a registered trademark by any third party, or the use of a fake service mark or conducting counterfeit trade, is considered offensive. Any good bearing deals with fake counterfeit trademarks, using of registered goods of other parties in bad faith, rendering services and counterfeit services under fake names, and illegal use of unregistrable marks are all punishable under the strict Trademark Law prevalent in the UAE.
Trademark Registration in the UAE is important for companies who are aiming to safeguard their brand identity, whether it's a symbol, name, or logo, against unauthorized usage. This registration process helps in enabling Business owners, and manufacturers to set apart their goods and services effectively. A trademark can take various forms, such as a name, title, word, signature, symbol, letter, seal, tax stamp. figure, image, advertisement, or a creative fusion thereof. Ensure to Safeguard your brand's authenticity and the establishment of a unique identity through trademark registration in the UAE.
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 our 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.
*You will receive your trademark search results within 24 hours upon successful payment.
Once we receive the instructions, we can submit the trademark registration application(s) within 48 hours. The investigation process conducted by the Trademark Office usually takes between 6 to 8 months, which may vary based on the trademark registration office’s workload. After obtaining the notice of acceptance, there is a 30-day window to initiate the applications for publication. Following publication, the opposition period concludes after thirty days. Now that the application is ready to be put together for registration, and the issuance of the registration certificate will take around two to three months’ time.