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Trademark Registration Dubai, UAE
In the UAE, the registration of trademarks and other intellectual properties is made at the Trademark Section of the Ministry of Economy and Commerce. The application must be filled by an individual/company/organization with a registered address in the UAE. Trademark applications are filed in Arabic, together with 14 specimen drawings of each mark. The application may register by locally licensed legal consultants in Dubai, UAE. We have our offices in Dubai to registering your trademark application. A trademark which is registered in Dubai is also registered in all the 7 emirates.
The Ministry will carry out the required checking to the application of trademark registration and will issue an examination report that will indicate whether further information must be given or whether there are any provisions, conditions or restrictions in connection with the prospective of trademark registration. The Ministry usually calls upon the applicant to respond to such reports within a specific period.
The license is valid for 10 years and it can be renewed after for the same amount of time. Our expert team will make sure that your chosen trademark can be used and registered in the right class. The chosen trademark is published in the UAE Trademark Bulletin and, if there are no problems and the trademark is accepted, the applicant gets a trademark registration certificate.
Trademarks need verification of original creation and not a copy of somebody else’s since trademark infringement can happen automatically. In the UAE, a trademark search must be done before the application is even transferred to the concerned Dubai trademark registration office authority.
If you want to register a trademark in Dubai, with legal assistance – Trademarkcart is the best service provider of Trademark Registration. Our advisors can assist you to submit the application using a power of attorney issued especially for this purpose. Take help from our expert team they will help to register online easily and hassle-free service.
What Can Be Trademarked?
Who Can Apply For Trademarked ?
Any person or business claiming to be owner can apply for a trademark including :
It is preferable that you apply for the trademark as an individual. In a case of a proprietor or company, if you close or change the name of the business, your trademark will become invalid. However, in a case of individual, this problem won’t arise.
U.A.E Trademark Law
Federal Law No. (37) Of 1992 on trademarks was published to see the importance and benefits of trademark protection for a well-to-do local economy. The law, which was revised by Law No. (19) Of 2000 and Law No. (8) Of 2002, protects registered trademarks in the UAE and intends to protect the interests of both businesses and consumers in the country. The law contains the definition of trademarks, signs that cannot be registered as trademarks, trademark registration and cancellation procedures, change of ownership and mortgage of trademarks, licensing others to use trademarks, fines for trademark law infringement and general and transitory terms.
Articles of the Law: Some of the key articles of the trademark law include:
Article (19): The period of protection given by the registration of a trademark is 10 years which can be renewed for a continuous period of 10 years by applying within the last year of the protection period following the terms and conditions established by this law and its official regulations.
Article (20): The Ministry can exclude a registered trademark forthwith after informing the concerned party about the reasons for removal, listening to their explanations and considering their defense. The affected parties can appeal the removal decision at the proper civil court within 30 days from the date of notification about the removal.
Articles (37) and (38): Articles (37) and (38) details the penalties for breaking the trademark law. The following acts will attract imprisonment and/or a fine of at least AED 5,000:
- Forging or copying a trademark registered according to the law in a way that tricks the public who use goods and services distinguished by the original trademark. The same refers to all who deliberately use a forged or copied trademark.
- Using a registered trademark owned by a third party or putting it illegally and with the wrong intention on the products.
- Deliberate sale, advertisement, promotion or possession (with the intention of selling) of products with forged, copied or illegally placed trademark.
In addition, article (38) gives a jail term not exceeding 1 year and a penalty of not less than AED 5,000 and not more than AED 10,000 or one of these punishments to anyone who uses a trademark that may not be registered as per the terms of this law or illegally writes statements on trademarks or commercial papers providing a false impression that the person keeps a registered trademark.
Trademark class system
Trademarks are registered under a ‘class’ system in the UAE. Each trademark class covers various products and services. There are 45 international classes and it is likely to register trademarks in 44 classes in the UAE. A separate application is needed for registration of a trademark in each class. It may be costly and unnecessary for you to register your trademark in classes that are not relevant to your goods or services. Thus, choosing the correct class is critical for necessary protection and avoiding unnecessary costs. Trademarkcart takes this responsibility when filing your application. The classes are divided into two categories that are Goods and Services.
Goods and Services are described for Trademark Registration in UAE
The international classification of goods and services, under 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.
Procedure For Trademark Registration
Step Registering Trademark in U.A.E
Benefits of Trademark registration in UAE
By using our trademark registration services, you get the legal rights to use a particular mark in respect of the goods or services comprised by it. Registering a trademark provides the proprietor the authority to sue for infringement upon illegal use.
Getting accused by another party for trademark infringement is terrible for any business owner – registering a trademark protects you from such troubles.
Registering a trademark provides you concrete proof of your authorized protected rights.
A trademark is an asset that can be authorized, franchised and even is sold. As your business grows, the cost of our trademark will also increase.
A trademark can work as an effective communication tool for your business and can assist you to convey your company’s emotional attributes, vision, and information to the audience.
To take advantage of the benefits that come with trademark registration in Dubai, administrators and investors should team up with reputable companies to help them get the right licenses and work efficiently.
Trademark registration provides you geographical coverage. Registering your trademark normally gives you nationwide protection rather than rights that are limited to the specific areas or regions in which you trade.
Further, if you want to grow overseas, this provides you a good platform to gain rights in other countries, even before you commence trading in those countries.
Documents required for Trademark Registration in UAE
What Is Included In Our Package?
- Application Preparation
- Name search & approval
- Application Filing
- Same day Filing
|Trademark Consultancy on Class and Availability||Free|
|TM Application Filing + Drafting (Our Fees)||$ 1099|
|Total Cost + Govt. Fees||$ 1099|
Validity of Trademark Registration in UAE
In the UAE, a registered trademark will be lawfully protected for 10 years from the date of its approved registration. After 10 years, if the owner wishes for further expansion for it to be kept operational, further official charges are to be paid to the UAE Ministry of Economy.
When the renewal is not done as soon as possible, there will still be a grace period of 6 months. It must also be seen that a registered trademark can be asked to be cancelled by any interested party if the said trademark is not used for 5 consecutive years in the UAE from the date of its filing.
Trademark protection in the UAE
Trademark Regime of UAE is based on the principle of “First to file”. The mere usage of a Trademark does not create any right in favour of the user.
The position of unregistered users of Trademarks in UAE is unprotected. Under UAE law the unregistered trademark carries no protection.
The position of any party using an unregistered Trademark for a long period becomes highly risky if another party with the misleading (legal for fraudulent) intention takes priority in filing and securing the Registration of a similar or identical trademark.
In this scenario “the prior use” of a Trademark could be ground for opposing the Application or cancellation of a misleading registered Trademark.
However, the same is least entertained ground under the UAE Trademark regime and unstable enough not to prevent the other party from using or infringing the Trademark.
According to the UAE Trademark laws, everyone who is using or has developed a trademark and intends to use the same must get the Trademark registration in Dubai at their earliest.
The Trademarks Law (37/1992) of UAE gives the Owner of the Trademark with all possible protection.
The owner of a Trademark can hold all rights over a Trademark and excludes the interference of everyone else. Also, can enforce his rights upon the unauthorized use of a similar trademark in relation to the same goods or services.
And, they can stop fraud and fake goods or services from starting UAE markets by law enforcement agencies.
Trademark Renewal in U.A.E
Trademark registration is valid for up to 10 years from the filing date of the application and is renewable for similar periods. The renewal fees of a trademark registration can be given in the final year of the registered period. Also, a grace period of three months is acceptable for the late renewal of a trademark with a fine. The renewal of a trademark is also printed in the Trademark Journal and also in 2 local daily Arabic newspapers.
Once your UAE trademark renewal is finished, your trademark registration is continued. Your trademark registration gets an expansion for a decade. You can now securely use your trademark for advertising your company and brand in the international market.
Requirements for Renewal Process:
The application form or the renewal form is required. This form assists you to apply officially for your trademark renewal.
An agent who would look and keep you updated on all the paperwork and renewal processes. You should make sure that your mark is well protected. If you are seeking the help of an agent, you must provide them with an owner’s signature on the registration certificate.
The original registration certificate is also important. You should provide the authority with the original or photocopy whatever seems necessary.
Deposit the requisite amount of fees so that you do not face any delay.
You also need a power of attorney and an ID or address proof.
You would not be allowed to file a report against any duplicity if you do not renew your trademark. A registered trademark gives you the legal benefit of having the trademark owner. You should file for trademark renewal before the time has elapsed.
Trademarks assist you renew your trademark license or registration without much delay. To avoid any kind of trouble, get your trademark renewable done as fast as possible. It is simple and very easy to handle.
Difference in copyright and trademark in UAE
|Registration process||10 – 12 months Ministry of Economy||6 months –|
US Copyright office10 days – INTEROCO European Copyright Office
|Certificate validity time||10 years|
(further extension needs additional fees)
|During the life of author and 50 years after his death|
|Region covered by certificate||Only UAE||167 countries members|
of Bern Convention
(UAE is member of Bern Convention since 2004)
|Economy branches covered by certificates||Only registered|
in certificates classes/ branches (total 45 classes, for each class should be paid additional official fee)
|For all branches/classes of economy|
|Who can be an author||Authorship for trademarks not possible||Author could be|
|Who can be right holder||Only legal entity (company, organization)||Private individual or legal entity (simultaneously partially ownership by physical persons and companies is allowed)|
|Registering organization||UAE Ministry of Economy||International Copyright Office (INTREROCO) US Copyright Office|
|Official state body for intellectual property rights protection||1. Competition|
Regulation Committee (Ministry of Economy)
2. Dubai Courts
|Responsibility for intellectual property right violation||Penalties and|
|1. Penalties and product confiscation|
2. Criminal responsibility (imprisonment)
Search you trademark in 3 simple steps
Frequently Asked Questions
It needs to be verified as an original creation and not a copy of somebody else’s as trademark infringement can happen automatically. In the UAE, a trademark search must be done before the application is even forward to the concerned Dubai trademark registration office authority.
• U.A.E Trademark Search
• Trademark Status Search
• Trademark Application
• Application Approval
• A clear drawing/representation of the mark
• Complete Listing of Goods/Services
• Translation & Meaning of Non-English words (if any)
• Date of First Use of Trademark
• Particulars of Priority Claims (if any)
Class 36 is for charitable fundraising services.
Others under class 41 as social club services that arrange organize social services.
What is a trademark and why do I need it?
Trademarks, for example, Coca-Cola, HP, Canon, Nike, and Adidas fill in as a sign of source of the merchandise and also a sign of value.
Registration of an organization or business name under the Companies Act does not in itself give security against other people who may begin utilizing identical or comparative imprints.
What’s the difference between copyright, patent, and trademark?
- Trademark: Business and item proprietors petition for a trademark. It ensures a name, word, motto, image, outline, or potentially picture recognizing a business or mark and recognizing it from others in a similar field.
- Copyright: It can be looked for by creators, craftsmen, choreographers, draftsmen, and other creative experts. While a thought can’t be copyrighted, the tangible form of a thought can be. This incorporates unique works of origin, photos, models, choreography, building works, sound chronicles, movies, and other innovative works.
- Patent: Innovators and designers file for licenses. A patent secures inventions with another or enhanced capacity. This incorporates machines, procedures, or substance pieces, or the plan for some item.
What is a common law trademark and why do I need to apply for trademark registration in Dubai for my mark?
The rights of common law trademark go directly to the business that uses the trademark first. Also, you can just authorize a common law trademark in the geographic region where the trademark is utilized.
Advantages to registering your mark:
- Across the nation security
- The assumed legitimacy of the mark in the event that you need to sue
- Extra cures in court
- May expand the reputation of your organization
- Registration with the authority will dishearten others from attempting to utilize your mark
What makes a good name?
The authority will not approve every name for a trademark. Under trademark law, names can be placed into four general categories:
Generic terms, which will never be equipped for Registration. A Generic expression is a term, the importance of which is synonymous with the products (or services) themselves.
Such nonexclusive terms are unequipped for recognizing the products or services of one substance from those of another
A mark is descriptive on the off chance that it is descriptive of: the nature or quality of the merchandise; the planned reason or capacity of the services; or the end impact upon the client.
However, these terms cannot get Federal Registration unless, over a time of years, the terms have obtained an extraordinary, identifiable significance in the brains of the public (that is, an “optional importance”
A “Suggestive” mark is one which only recommends some quality or characteristic of the services. On the off chance that the mark is resolved to be suggestive, and non-descriptive, the mark is qualified for Federal Registration and to the same security as a “distinctive” mark.
You should bend over backward to create arbitrary and fanciful Trademarks.
Suggestive terms make for exceptionally frail trademarks and ought to stay away from at whatever point conceivable.
- Distinctive or Arbitrary or Fanciful
Usually, the most effortlessly Registerable and protectable mark are those which are viewed as “distinctive”.
Between the two extremes lie “Suggestive Marks” and “Descriptive Terms”.
Descriptive and generic terms ought to never be utilized as trademarks.
An exertion ought to be made to stay away from use in the trademark of terms which have a particular significance in the pertinent business since such terms tend to make a mark either descriptive or suggestive.
What information will I need to provide for trademark registration in Dubai?
For trademark or trademark registration in Dubai, the applicant needs to prove the information such as:
- The actual mark you want to use.
- The date you first use used the mark in commerce.
- The date you first shared the mark anywhere.
- Copy of the proof which shows you are using the particular mark in commerce.
- The full official and legal name of the owner of the mark.
What are the different kinds of Mark?
Mark can be a picture of your product or a website advertising your services.Kinds of marks are:
It refers to the name, logo, or slogan related to the sale of goods.
- Service Mark
It refers to the name, logo, or slogan related to the services.
Why there is need to search for a similar trademark registration in Dubai?
The search will help to avoid the duplication of a similar trademark registration in Dubai.
If you go ahead without search then remember if your application gets rejected the fee will not be refundable by authority
What is the difference between use and intent to use?
If you are already selling your product and services, you will file a use-based trademark. When your mark is not in use, you will file “intent-to-use” application.
Why is trademark a name or logo?
A mark for your logo protects the exact shape, color, orientation, stylization. Moreover, people are much likely to change their logo, not their name.
I was allowed to incorporate with my name, why is that not enough?
You cannot rely on the ability of the trademark with the authority as a guarantee that your state will let you use that name as a corporate name.
How do I decide which category to use?
The category is also known as an international category to use your registration in order to identify your goods and services. Check out the TrademarkCart’s User Manual to see broader descriptions of each available category.In order to decide the category, you need to decide if you are selling goods or services.A registered trademark protects you just in the category you use.
How to choose the Right category?
- Determine whether you are selling goods or services.
- Focused on the finished product to the consumer, not on the ingredients of goods and services.
- Try to be accurate as possible because if you file in the wrong class it may become the reason for the rejection of your application by authority.
- From TrademarkCart’s drop-down menu select the most accurate category.
How to decide what description to use?
The description is necessary your goods and services to select the category of your mark. In the description, you need to provide an explanation which will better describe your business. Do not exaggerate the description you just need to provide the important and main points.
How to describe your goods and services?
- Don’t be too narrow or too broad because it might become the reason for the rejection of your application.
- Do not use the phrase such as:
- Such as
- Avoid repeating the broader category name.
- Avoid the terms that fit into multiple categories.
- Try to use simple English.
I have my domain, so why do need a trademark registration in Dubai?
A company could have a trademark name on goods or services but not have acquired the domain name. The availability of domain name is one of the main parts of comprehensive search which TrademarkCart perform for you to determine the strength of the brand name or slogan.
What are the benefits of Trademark registerion in India the mark?
- When your mark will be registered it will protect it nationwide.
- When your mark will be registered it will protect it nationwide.
- You will receive the right to the exclusive use of the mark nationwide.
- It will stop or restrict other to use your mark.
- You will receive the right to use the symbol of the Registered trademark.
Is there any need to register the web address or the plural version?
You do not need to register the web address or your company name if you have a trademark registration in Dubai of your company name.
Do I need to register my slogan?
When you are investing in a marketing company with your slogan that there is a need to register your slogan as well. You can also register the short catchphrases.
After you file an application with the authority they will begin to review it in about 3 months. Further, they will publish your mark in the Official Gazette to see if anyone in public challenges the mark or not. If no one challenges your mark within 30 days then your mark will get registered within 3 months.
Sometimes the mark may be a group of words together on which the authority may arise the question so in order to save your application from rejection you need to remove the few words from your application. However, the disclaimer does not remove the unregistrable part of your mark, even it does not affect the appearance.
There are few words, symbols, or terms because of which you need to disclaim the part of your trademark are given below:
- Well known symbols
- Compressed compound wording
- Informational words
- Merely descriptive words
- Generic words
- Geographic terms
- Misspellings from telescoped words
- Foreign wording
- Multiple words disclaimer.
It is the most common question we receive from bands and other musicians that what class they can use? You can register for several classes such as:
- Entertainment service
- Sound recording
Each of them will cost $275 as a fee to authority
An individual name can be trademark only if the name has garnered the secondary meaning through its connection the goods and services. Secondary meaning refers to the famous and popular. Not everyone can trademark their given name or surname though.
Trademark is just to identify the source of Goods and services so it does not apply to the single book or story. However, if you have series than you will able to trademark the series. Copyright applies to books or other literary works as it stops people from copying your story.
Register the brand for your cloches will protect your brand from other selling under your name or logo. The application will be rejected if it is for the single slogan on a t-shirt. You need to provide the evidence to the authority that you are using the word as a brand and not an effort to monopolize the slogan. Most of the brands start with class 25 of the cloths.
Do I identify the software as goods or services for a trademark registration in Dubai?
What do I need to do to protect my mark after it is registered?
Once appropriately enrolled, you should document your first Declaration of Continued Use between the fifth and sixth commemoration date of your filing. Your next renewal will fall between the ninth and tenth year. From that point forward, you need to renew the mark at regular intervals of 10 years.
Rights you have on the off chance that you file on the Supplemental Register
- Utilize the ® image
- Put others on seeing that you are as of now using the mark
- File a trademark encroachment suit in a government court
- Keep others from getting confusingly comparable marks from the authority – even on Principal Register.
The validity of trademark registration in Dubai is 10 Years.
8 to 12 months is the time period required for trademark registration in Dubai.