Safeguarding the uniqueness of your brand, products, and services is paramount, and prevents competitors from encroaching on your exclusive rights. One effective measure to shield your brand from potential infringement by other entities in the UAE is through trademark registration.
Importance of Trademark Registration in the UAE
Trademark registration in the UAE assures holders exclusive rights to their trademark, encompassing symbols, specific words, designs, or signs that uniquely identify a company and its offerings. Beyond ensuring credibility, reputation, and the distinctiveness of products or services, trademarks elevate brand value, transforming into an asset for your business.
Logos and brand names serve as crucial identifiers in any market, representing your business’s intellectual and emotional aspects. Given the stringent trademark laws in the UAE, vigilance against infringement is essential, and holding a trademark provides the legal grounds to challenge any unauthorized use of your brand.
Who Can Submit a Trademark Application?
Any individual or business in the UAE seeking to distinguish their products or services through a trademark can submit an application for protection. However, eligibility criteria, as per the UAE’s Federal Law No. 36 of 2021 on Trademarks, includes:
- citizens of the UAE; natural or artificial entities practising any commercial, industrial, professional or service business;
- foreigners; natural or artificial entities practising any commercial, industrial, professional or service business in the UAE;
- foreigners; natural or artificial entities practising any commercial, industrial, professional or service business in any country on basis of reciprocity; and
- other artificial persons.
For clarification on eligibility, consulting with the legal professionals and lawyers of United Advocates is advisable.
Sectors Eligible for Trademark Registration
Entities operating in economic, technological, technical, or service sectors within the UAE are eligible to register trademarks.
What Can be Registered as a Trademark?
Trademark registration, according to the UAE’s Federal Law No. 36 of 2021 and Cabinet Resolution No. 57 of 2022, extends beyond conventional items like logos and business names. It includes signatures, titles, characters, seals, posters, engravings, names, paintings, and various labels that distinguish your brand from its competitors. Notably, the scope has expanded to cover smells, sounds, holograms, and Intellectual Property for safeguarding creative assets.
Certain exclusions from trademark registration encompass items violating public morals, public symbols, third-party names, titles, and direct translations of well-known trademarks.
Trademark Registration Process in the UAE
Conduct a Trademark Search
A thorough trademark search ensures that your chosen branding is not already registered by another company, a crucial step to prevent duplication, which results in the rejection of the application.
Complete Trademark Application
Utilizing the NICE Classification system, the trademark application requires specifying the appropriate classes for your trademark. Submit supporting documents such as representations of your trademark, trade license, and passport copies.
Payment of Trademark Registration Fee
Prior to the review process, the trademark registration fee must be paid in full.
Review of the Trademark Application by the Government
The Trademark Office typically grants trademark registrations within 30 days if there are no issues with the application.
Publication of Trademark
Approved trademarks are published in the official trademark journal, requiring an additional AED 1,000 payment. Publication in local Arabic-language newspapers is also mandatory and will be at your expense. These notices allow any members of the public to raise objections to the trademark.
Issuance of Trademark Registration Certificate
Upon resolution of objections, if any, and satisfaction of the Ministry of Economy, the trademark registration certificate is issued, granting legal rights across the UAE.
Duration of Trademark Validity in the UAE
Trademark validity in the UAE lasts 10 years, renewable for another 10 years with an associated renewal fee. Late applications for renewal incur fines and penalties.
Cost of Trademark Registration in the UAE
The cost for trademark registration in the UAE is AED 10,500, excluding additional legal or translation expenses. For an accurate quote tailored to your specific requirements, United Advocates can provide details on the filing process and the associated costs.