Requirements & Restrictions of Registration of Trademark in UAE

23rd April 202422nd April 2024 by deepthi

Are you thinking about filing for a trademark in the UAE? Then you need to get to the appropriate location. This blog may be a complete instruction manual for registering your Trademark in the UAE. Let’s start now!

A trademark is a logo, phrase, or combination of words that identifies a business or its goods. After being registered, a trademark cannot be duplicated or used by another company without their explicit consent. All trademark registration in UAE is under the jurisdiction of the Ministry of Economy. All seven emirates of the UAE are included in the trademark registration.

Who Is Eligible to Own a Trademark in the UAE?

According to Federal Decree-Law No. 36 of 2021 on trademark registration in the UAE, every natural person or legal entity has the right to register their Trademark in line with its requirements. According to UAE trademark law, the owner of a trademark may be either a UAE citizen or a foreign person. A registered firm doing any economic activity in the UAE may also be the Trademark’s owner.

UAE Trademark Registration Restrictions

1. It shouldn’t be disrespectful to accept religious beliefs or public values.
2. It shouldn’t have any visible symbols (such as flags)
3. Red Cross and Red Crescent symbols, for example, are not permitted.
4. No third-party names or titles may be utilized.
5. Additionally prohibited are direct translations of other well-known trademarks.
6. There can be further restrictions imposed by legislation.

Before starting the registration procedure, a brand or business must make sure its mark is distinctive. Confirming that this brand is already using the Trademark is crucial. Another application for the same brand is prohibited under the exclusivity clause associated with trademark registration. When you are sure that the Trademark you have filed for is new, you should begin the registration procedure. Several internet tools also enable you to cross-check the already registered trademarks.

Also Read : How to Benefit from Trademark Licensing in the UAE

Requirements of Trademark Registration in the UAE

1. The Ministry may impose whatever restrictions and amendments it sees fit to differentiate the Trademark from other marks already registered or for which a previous application has been lodged for registration.
2. Suppose the applicant for registration doesn’t contact the Ministry within (30) thirty days after receiving information of the limitations or changes put in place by the Ministry to distinguish the Trademark and avoid confusion with another Trademark. In that case, he is presumed to have relinquished his application.
3. Suppose the registration application satisfies the requirements outlined in this Decree-Law and its Implementing Regulation. In that case, the Ministry must decide within (90) ninety days of the date on which it was filed.
4. If the Ministry declines to register a trademark for any reason, or if the registration is subject to restrictions or amendments, the applicant or his representative must be informed in writing of the Ministry’s decision. Such warning may be sent by modern technical means.

This Decree-Implementing Law’s Regulation must outline the processes and other safeguards for registering trademarks.

Documents Requirement to Register a Trademark in UAE

The following paperwork is needed for trademark registration in the UAE:

1. A certificate of incorporation
2. Proofs of applicant identification
3. Power of Attorney
4. Business description
5. Priority document
6. Classification following UAE Trademark Register Laws
7. The trademark or logo’s image in digital copies (color – black and white )
8. The certification of trademark registration, if registered abroad
9. translation of the Trademark’s wording
10. Other application-specific documentation.

Procedure for Trademark Registration in the UAE 

The application will be reviewed by the registrar following UAE trademark legislation when it is received.

1. The registrar provides a directive to approve or disapprove a trademark application.
2. Within 30 days of receiving the approval letter, the Trademark would appear in two regional Arabic newspapers. The applicant must pay the standard fee for publishing the Trademark in the official gazette at the time of approval.
3. The statutory opposition period starts once the Trademark is published in the official gazette and lasts for 30 days.
4. A certificate of approval will be issued by the Ministry of Economy if there are no objections to the Trademark within the set time frame. 
5. The certificate contains the registration number, filing date, the names of the firm and the owner, trademarks, and a list of eligible goods and services.

Also read: Registering A Trademark of a Foreign Company In UAE

Obtain Advice From the Top Trademark Experts in the UAE

Before applying for UAE trademark registration, companies must ascertain who the rightful owner of their trademarks is. We are one of Dubai’s top companies and have a proven track record of assisting companies in the GCC area with trademark registration. Our trademark experts provide services, including trademark registration, renewal, watch, search, guidance on trademark infringement claims, etc. Our trademark experts at Farahat & Co. have begun to guide the Madrid Protocol of international trademark registration. To register a brand without any legal problems, use our trademark experts.