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?

• Name

  A name including personal or surname of the applicant or predecessor in business or the signature of the person e.g, the name Dhirubai Ambani can be trademarked.

• Word

  A word which is not being directly descriptive of the character or quality of the goods / service. For example Google is a word which has been trademarked.

• Numbers

  Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.

• Images

  Image, symbol, monograms, 3-dimensional shapes, letters etc. For example the tick in Nike logo.

• Sound

  Sound marks in audio format. For ex the sound in the ad jingle.

Who Can Apply For Trademarked ?

Any person or business claiming to be owner can apply for a trademark including :

• Individual

• Company

• Proprietorship

• Society

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 an 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:
  1. 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.
  2. Using a registered trademark owned by a third party or putting it illegally and with the wrong intention on the products.
  3. 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

• Complete our trademark Form

  You need to fill our simple online trademark application form & submit documents.

• Conduct your trademark search

  To make sure that unique logo name filed is available or not, Trademark Search is executed by experts.

• Select Appropriate Class

  Depending on nature of your products, we shall suggest the appropriate class of the 45 classes.

• Trademark Application filed

  We create your Trademark application in 3 days and get your TM number.

• Trademark registration completed

  Your trademark is registered in 1.5 2 years if no competitor objects to your trademark application.

Step Registering Trademark in U.A.E

• Step 1: U.A.E Trademark Search

  We provide an availability search for similar, pending or registered earlier trademarks. The report includes an Assessment from a lawyer trained in trademark law about the registrability of a trademark and the risk of collision with trademarks previously registered.

• Step 2: Trademark Status Search

  Managing the status of your registration is a bold act to have an update on the process. We can give you a status report for your trademark or you may apply our website to search for yourself. Also, put your trademark into the kinds of Trademark class that i.e. out 44 categories pick the fitted category for you.

• Step 3: Trademark Application

  We prepare the trademark registration application in mainland U.A.E. The all-inclusive cost includes our attorney fees and the government fee, thinking no refusal or opposition.

• Step 4: Application Approval

  When the documents are filled, completed and submitted we will further transfer your application to the trademark authority. They will approve it or reject it this will take a few months.

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

• Application form

• Copy of Applicant’s Id and address proof

• Copy of the business/company certificate

• Letter of power of attorney

• Print and digital version of proposed trademark

• Copy of the passport of applicant

What Is Included In Our Package?

• Consultation

• Application Preparation

• Name search & approval

• Application Filing

• Same day Filing

Service	Cost
Trademark Search	Free
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

Basis	Trademark	Copyright
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 private individual
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	Dubai Courts
Responsibility for intellectual property right violation	Penalties and product confiscation	1. Penalties and product confiscation 2. Criminal responsibility (imprisonment)

Search you trademark in 3 simple steps

• Step 1

  Complete our trademark form.

• Step 2

  We will generate your Trademark application

• Step 3

  Final Wrap-Up of your Trademark Order..

FAQs on Trademark Registration