When it comes to protecting the intellectual property, registration for trademark is a crucial step. A trademark registration ensures that your brand name and identity, are legally protected, giving you exclusive rights to use them in the market. The process of UAE trademark registration is well-defined and designed to safeguard the interests of businesses and entrepreneurs. In the UAE, trademarks are regulated by Federal Decree Law No. 36 of 2021 on Trademarks, which defines the conditions and procedures for protecting and registering trademarks in the country.
The Ministry of Economy is the competent authority to administer and register for a trademark in the UAE. The registration for trademark grants the owner the exclusive right to use, exploit, and prevent others from using the mark without authorization for a period of 10 years, renewable for a similar periods.
What is a Trademark?
A trademark is a distinctive sign that identifies certain goods or services, as those produced or provided by a specific person or enterprise. A trademark can be a name, word, logo, symbol, slogan, design, or any combination of these elements. Trademarks help consumers recognize and choose products or services that match their expectations and preferences. Trademarks also protect the reputation and goodwill of businesses that offer quality goods or services under their marks.
Also read : What is the Scope of Copyright Protection
Trademark and Registration:
The synergy between a trademark and registration is vital. Merely having a unique brand name isn’t enough; you must go through the formalities of registering trademark to establish legal ownership. The UAE offers a robust trademark registration system that allows businesses to safeguard their brands effectively. The trade mark registry oversees the entire procedure, from brand name registration in the UAE to granting the official trade mark status.
Registration for Trademark in the UAE
When registering trademarks in the UAE, it’s vital to adhere to the guidelines outlined by the trademark registry. This ensures that your brand name is protected, providing you with the legal recourse to address any potential infringements. The UAE trademark registration process is a simple, step-by-step procedure. The process involves the following main steps:
1. Conduct a trademark search in the UAE:
Before applying for trademark registration, it is advisable to conduct a trademark search in the UAE on the Ministry of Economy’s website to ensure the desired brand name isn’t already in use. A trademark check in the UAE trademark database is a prudent initial step before initiating the trademark registration process.
2. Fill Out the Trademark Registration Application:
The next step is to fill out an online application form on the Ministry of Economy’s website.
The form requires basic information about:
- The applicant, such as name, address, nationality, and contact details, and
- Details about the trademark, such as its description, class, and specification of goods or services. The applicant can also upload a copy of the trademark logo if applicable.
An application can be submitted for a single class or multiple classes, adhering to the international classification of goods and services.
3. Attach Supporting Documents to the Application:
The application must be accompanied by some supporting documents that prove the identity and ownership of the applicant and the trademark. These documents include:
- A duly certified copy of a power of attorney translated into Arabic whenever the application is submitted by a registered agent,
- Certified translations for non-Arabic language trademarks,
- Musical notes and mp3 files for sound marks, and
- Written descriptions for scent marks.
These documents must be uploaded on the Ministry of Economy’s website along with the application form.
4. Wait for Your Application to be reviewed by the Ministry of Economy:
The application will be reviewed by the Ministry of Economy to verify that the trademark application meets all the legal requirements and does not conflict with any existing trademarks. They will either accept your application, reject it, or ask you to make some changes or fulfill some conditions.
The examination process may take up to 90 days. If the application is accepted, the applicant needs to pay the trademark publication fees of AED 750.
5. Publication of a Trademark in the Ministry’s Bulletin:
After the Ministry approves the trademark registration application, it will publish it in its bulletin at the applicant’s cost, and the bulletin will indicate the deadline for filing an opposition against the trademark registration in the UAE.
The publication takes place within 30 days from the date of notification of the acceptance of the application. The trademark will be published in an electronic bulletin issued by the Ministry.
6. Opposition to a Trademark Registration:
Any interested party may file an opposition against the trademark registration within 30 days from the date of its publication in the bulletin issued by the Ministry.
The Ministry will notify the applicant of the opposition, and the applicant has to reply within 30 days or else they will lose their application. The Ministry may hold a hearing for both parties to present their evidence and arguments.
The Ministry will issue a decision on the opposition and inform both parties of it. The decision can be appealed to the Complaints Committee within 30 days of its notification.
7. Receive the Final Acceptance of Registration:
The decision to accept registration is final after the lapse of 30 days from the publication in the relevant bulletin issued by the Ministry without submitting an opposition to its registration, or based on a final verdict issued by the competent court regarding the said trademark.
The applicant is required to pay the trademark registration fee of AED 5000 within 30 days from the expiry of the opposition to trademark registration period.
8. Receive the Trademark Registration Certificate:
The registration of the trademark shall be effective as of the filing date as recorded in the Trademark Register. The trademark owner will receive a trademark registration certificate that includes the following information:
- The number of the trademark registration,
- The number and date of the priority, and the country where the application was filed (if any),
- The date of submitting the application, the date of registering the trademark, and the date of expiration of the protection period, the name, surname, residence, and nationality of the trademark owner,
- A copy of the trademark, and
- Details of the goods or services and the class for which the trademark is registered.
How long is a Trademark Valid in UAE?
A trademark registration is valid for 10 years from the date of filing and can be renewed for another ten years. The renewal process requires paying a renewal fee of AED 5,750 and submitting a renewal application during the last year of the protection period and for the next six months. If not renewed within this period, the registered trademark will be cancelled.
What are the Benefits of trademark Registration in the United Arab Emirates?
Registering trademarks in UAE have several benefits for businesses and individuals who want to protect their brand identity and reputation in the market. Some of these benefits are:
- Exclusive Right: Registering a trademark grants the owner the exclusive right to use, exploit, and prevent others from using the mark without authorization for the goods or services covered by the registration. This helps to avoid confusion and deception among consumers and differentiate the products or services from those of competitors.
- Legal Protection: Registration for trademark provides legal protection against any infringement, imitation, or misuse of the mark by others. The owner can take legal action against any violator and claim compensation for damages. The UAE has a strong legal system and a specialized court for intellectual property disputes that can enforce trademark rights effectively.
- Value Creation: A UAE trademark registration adds value to the business and its products or services. It enhances the brand image, recognition, and loyalty among customers and potential customers. It also increases the market share, profitability, and goodwill of the business. A trademark can also be licensed, assigned, or franchised to generate additional income.
- International Recognition: A trademark registration in UAE can facilitate the registration of the same mark in other countries that are members of international treaties and conventions on intellectual property, such as the Paris Convention, the Madrid Protocol, and the GCC Trademark Law. This can help to expand the business and its reach globally.
How may Farahat & Co. can assist you?
If you are looking for a reliable and professional trademark registration in Dubai, you may consider hiring a trademark expert at Farahat & Co. Farahat & Co. is a leading firm that specializes in intellectual property matters and offers comprehensive trademark registration services, including:
- Trademark searches: They can help you conduct a thorough trademark search in the UAE on the Ministry of Economy’s website and other databases to check the availability and uniqueness of your trademark.
- Trademark filings: They can help you fill out and submit the online application form, pay the fees, and provide all the required documents to the Ministry of Economy.
- Trademark monitoring: They can help you monitor your trademark and alert you of any potential infringements or oppositions from other parties.
- Trademark renewals: They can help you renew your trademark registration before or after the expiry date and pay the renewal fee to the Ministry of Economy.
By hiring a trademark expert at Farahat & Co., you can save time and money, avoid mistakes and rejections, and ensure the legal protection of your trademark in UAE. Call right now and secure your brand name.
Understanding what a trade mark is fundamental for any business operating in the UAE. From trademark search in UAE to the final trade mark registration, every step is vital. Protecting your brand name through UAE trademark registration is an investment in your business’s future, ensuring long-term success and brand recognition in the market.