Trademarks assist and offer the businesses and their goods and services a unique image. It enables the customers to distinguish the goods/services of the same or similar nature. When a company/business gives a trademark to its goods/services, they try to make that trademark a brand and expect that it become famous worldwide. There are several benefits of a trademark for business. The owner has the right to sue the infringer in case of trademark infringement. For making a trademark get acknowledged worldwide it is necessary to frame a trademark intelligently. Here, we will be discussing the Trademarks in the UAE and its Application process.
The Ministry of Economy is in charge of Trademark Registration in Dubai. Entities that aim to use trademarks can apply for trademark registration by the trademark laws. The initial step in the process of trademark registration is Trademark Search, which needs the utmost attention to avoid the refusal or opposition of trademark.
Legislation of Trademark in the UAE
The Trademark Legislation in UAE is Federal Law No. 37 of 1992 on Trademarks (as revised by Law No. 19 of 2000 and Law No. 8 of 2002), mainly referred to as the Trademarks Law. The Law consists of 7 Chapters. Some of them are Registration of Trade Marks and their Striking Off, Contracts Licensing the Use of a Mark, Transfer of Ownership and Mortgage of Trade Marks, and many more.
Registrable Trademarks in UAE
The following are the registrable trademarks in the UAE:
- Any form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or any other marks or group of the mark.
- Sound can also be a part of a trademark if it accompanies it.
A thorough Trademark Search is required before applying for trademark registration.
Also Read: Types of Trademarks
Non-Registrable Trademarks in the UAE
The following are non-registrable Trademarks in the UAE:
- Marks that are similar or identical to symbols that have a purely religious character.
- Geographical names, if they will create confusion to consumers about the origin of goods and services.
- Any mark which breaks the public morals or violating the public order.
- Descriptive or non-distinctive marks.
- Public emblems, flags, and other logos, of the state, the Arab, or international organization or an institution or any foreign country except by its authorization. As well as an imitation of flags, logos, or such emblems.
- Logos of the Red Cross or the Red Crescent and such other similar marks and symbols being an imitation thereof.
- Marks that are owned by natural persons or legal entities with whom dealing is prohibited.
- The name, title, picture, or logo of a third party unless he/she or his/her heirs approve its use beforehand.
- Marks that may mislead the public or include misstatements concerning the origin of the source of products or services or their properties, as well as marks that include a fictitious, imitated, or forged trade name.
- National and foreign medals, coins, and banknotes.
- Marks including the following words or expressions: concession; concessionaire; registered; registered drawing; copyright; imitation is considered forgery; or similar words and expressions.
- Marks, the registration of which, for some products or services, would result in diluting other products or services distinguished by such mark.
- Marks which are only a mere translation of well-known marks or another registered mark if registration would confuse the consumers.
- Trademarks having international goodwill beyond the boundaries of the mother country, may not be registered unless authorized by the owner.
Process Of Registering Trademarks in UAE
The process of trademark registration is as follows:
A careful Trademark Search is required before starting the process of Trademark Registration in Dubai.
- The applicant files an application for registration at the Ministry of Economy.
- The Ministry of Economy gives its decision on the application within 30 days from the date of submission.
- If the Ministry of Economy approves a trademark, it shall announce in its bulletin and two Arabic newspapers. These publication charges are paid by the applicant.
- Any interested person can file an objection to the registration. He would have to submit a written objection to the Ministry of Economy within 30 days from the date of the announcement.
- If anyone files an objection, the Ministry notifies the trademark applicant with a copy of the trademark objection. This is done within 15 days from the receipt of such an objection.
- If no one objects, the registration is complete. Upon registration, the trademark owner is provided with a certificate containing:
- Registration number of the trademark in the UAE
- Date of application and registration
- The trade name or the owner’s name, place of residence, and nationality
- Copy of the trademark
- Description of the products, goods, or services that are listed under the trademark.
Documents required for applying for registering trademarks in the UAE
The documents for trademark registration are:
- A soft copy of the image of the trademark which the company wants to register is required in the black and white. And a digital copy of the image of the trademark in jpeg format is also necessary.
- The detailed description of goods and services which the company will trade under the trademark is also required.
- A Power of Attorney is also required for trademark application filing.
- A copy of the certificate of incorporation of an applicant’s business is required.
- If the trademark has been registered in any other country, then that certificate of trademark registration is required.
- Translation of trademark from any language to Arabic is also mandatory.
- The required fees.
How Goods and Services are described for Trademark Registration in UAE?
- The international classification of goods and services, under the Nice Agreement, which consists of 45 classes has been adopted in the United Arab Emirates (the exceptions are classes 32 and 33).
- The applicant cannot seek a trademark for the protection of alcoholic beverages.
- An applicant needs to file a separate application for different classes of the trademark.
- It might be possible to protect similar trademarks with the main trademark (as associated trademarks for the same owner). This may be possible where the main elements are similar and the differences are irrelevant.
Must Read: Trademark Classification
Timeframes
For Registration:
- The estimated timeframe for the registration of trademarks in the UAE is between 10 months.
- The actual timeframe will depend upon the facts of each application for registration.
For Validity:
- Trademarks in the UAE are valid for 10 years.
- After the expiry of the trademark period, the owner needs to seek trademark renewal.
Also Read: Trademark Application Status
Refusal/Opposition of Registration in trademark
If the owner of the trademark does Trademark Search intensively, the chances of refusal/opposition of registration are minimum. However, the Trademark Registration in Dubai can face refusal on the following grounds:
- If the Trademark is not distinctive.
- If the Trademark is misleading.
- The applicant for the Trademark has no intention to use it.
- If the trademark gets registration in bad faith.
- If the owner obtains the trademark unlawfully.
- Names of chemical substances, use of the Coat of Arms of UAE, use of any emblem or title such as President or Governor without the appropriate authority.
- If the Trademark is scandalous, contrary to law or morality.
- The use of words like ‘Patent’, ‘Copyright’, ‘Registered’, ‘Registered Design’, ‘Red Cross’, and like terms’ cannot be registered.
- If the applicant is not the actual owner of the trademark.
- If the Trademark is identical or confusingly similar to a previously registered Trademark.
Must Read: Trademark Protection
Territorial limit of Trademark Registration in the UAE
Trademark Registration in Dubai has a territorial limit comprising of seven emirates:
- Abu Dhabi
- Ajman
- Dubai
- Fujairah
- Ras al-Khaimah
- Sharjah
- Umm al-Quwain
CONCLUSION
The trademark registration in Dubai has an indifferent process from any other country. A careful Trademark Search is required before starting the process of Trademark Registration in Dubai. Business executives are now well aware of the importance of Trademark Registration and know that registering your Trademark can help the business in reaching the heights of success.
If you are also planning to give your business a boost by providing a trademark to your business, give us a call at +91 8750008585 and our experienced experts will provide you all the information regarding your queries. For further information, please visit our website Trademark Cart.
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