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Basic steps for registering a trademark in UAE

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00

68

Trademark Registration, Trademark Law, Trademark Search, Trademark Application, Trademark Registration Certificate

For entrepreneurs and investors traveling across the world to conduct business, the UAE is the most talked-about location. It is considered as the catalyst of innovation, and with this high demand on the market, competition among companies is rising. Due to the high level of competition and potential for misuse of a brand name or emblem, protection is required. This is why a brand name or logo needs to be registered as a trademark in a major international market like the UAE.

As per Article 2 of the Federal Decree-Law No. 36 of 2021 on Trademarks, a Trademark can be of the following kind: names, words, signatures, letters, symbols, numbers, addresses, seals, drawings, pictures, engravings, packaging, graphic elements, forms, color, or any mark, representing the products or services of one entity that distinguishes the goods or services of another entity. Non-conventional marks such as sound, and smell can also be trademarked based on the latest amendment to the Trademark Law.

Following the Federal Decree-Law No. 36 of 2021 on Trademarks read with Cabinet Decision No. 57/2022 on Executive Regulations, certain steps that are required to keep in mind for trademark registration in the United Arab Emirates are as follows:

  1. Trademark Search

 The first step is to conduct trademark research. It is of utmost importance to check the availability of trademarks to avoid legal issues in the future since trademark rights are territorial. A trademark search can be conducted by accessing the Ministry of Economy website, for which an Intellectual Property Lawyer or a law firm can guide you. It enables the IP Agents to strategize on how to protect a trademark.

  1. Nice Classification

After researching trademarks, the next step that an individual or a company should keep in mind is to determine the class containing the goods or services that we wish to introduce in the demanding market. To determine the goods and services, the World Intellectual Property Organization (WIPO) website provides a list called the Nice Classification.

  1. Filing of Trademark Application

Based on the Classes chosen from the Ministry of Economy website, one must submit an application for the registration of a trademark.

To file the trademark application, the documents required are as follows:

  • Power of Attorney (POA) executed on behalf of the Applicant/Company duly legalized up to the UAE Consulate. The UAE Trademark Office allows late filing the trademark applications with an undertaking to file the legalized and attested POA within 30 days from the date the application is filed;
  • Copy of the Trade License is required if the Applicant is a Company;
  • Priority Document, if any;
  • Clear representation of the mark;
  • List of goods or services;
  • Contact Details of the Applicant.

Once the Application is filed, along with attaching the required documents, the Applicant shall pay the fees. Currently, the UAE follows a single-class filing system only.

  1. Examination of the Application

The Trademarks Committee will review the Trademark Application, and the Examiner will decide whether to approve or deny it depending on the situation.

  1. Publication of Trademark Application

If the Application is accepted, a period of 30 days is required to publish the Application in the Official Trademark Bulletin of the Ministry of Economy website. It is issued twice a month.

In the previous Trademark Law, it is necessary to publish the accepted trademark application in two Arabic daily newspapers. But as of now, the publication of the accepted trademarks shall take place in the Trademark Bulletin only. 

Once the Trademark Application is published, an opposition period of 30 days is open for anyone who wishes to dispute the Application.

  1. Issuance of Trademark Registration Certificate

If there is no opposition, the opposition period expires, and the Applicant shall settle the registration fees within 30 days from the date of expiry of the publication period. Therefore, the trademark registration certificate will be issued accordingly.

The process from filing a trademark application to its registration usually takes 4 - 6 months approximately.

For any enquiries or information, contact ask@tlr.ae or call us on +971526443004

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