The trademark registration certificate is the most valuable asset for any business. The act of trademark registration offers businesses the advantage of protection, public acknowledgment of their ownership, and distinction from their competitors in the online or physical marketplace.
Although registering a trademark is not mandatory in the UAE, it is crucial to note that without a registered trademark, anyone can claim ownership of your brand name or logo.
What is a Trademark?
A trademark can be anything from a single word or phrase to a logo or other graphic design to help consumers identify the origin of a product. This might be useful for companies if they want customers to be able to quickly and effortlessly recognize their brand.
What is safeguarded by a trademark registration certificate issued by the United Arab Emirates? It depends on the legal structure of the jurisdiction where your trademark is registered. However, in most cases, the following trademark categories are eligible for registration in the UAE:
- Brand name
- Symbols and graphics
- Music jingles
A company’s trademark or copyright can safeguard not everything. You can’t trademark a phrase that merely describes your product or service. This means you cannot lawfully trademark the word “software services” if you operate a software services company.
Why Trademark Registration in Dubai, UAE, is So Important?
Some of the many reasons why registering a trademark in the United Arab Emirates is advantageous for your company are listed below.
- Your brand name is protected from infringements and claims.
- Your existing and potential clients feel more confident in the legitimacy and reliability of your business.
- It provides official recognition of your trade image by separating it from others.
- If someone claims or uses a business name without the owner’s permission, it gives the owner the legal right to sue that person.
Remember that registering your trademark in one country does not grant you protection in other countries where it may be utilized. Each country’s trademark legislation is only effective within its borders.
Requirements for UAE Trademark Registration
The following is a list of the considerations that must be made while selecting a trademark in the UAE.
- The name of the business shouldn’t contain any profane words or phrases. A company that enters the market using a name like this risks experiencing severe consequences. The public has the right to file a complaint against any such group.
- The name should not in any way provide the wrong impression. It also means that your company’s name should be descriptive of what you do rather than linking to another unrelated domain. For example, a company in the information technology industry whose only offering is development services would be well to avoid incorporating words like “consulting” into the name of their company.
- Any language that could be interpreted as rude, derogatory, or damaging to another person’s sentiments or religion is strictly prohibited. Investors should avoid using language that refers to God, whether English, Arabic, or another language.
- If another company uses the name, you will need to choose a new one, even if it complies with all other naming standards. Additionally, you cannot select a trademark already used by another company due to copyright restrictions under UAE law.
- The name of the company must be neutral and avoid any political connotations. The administration will not approve your proposed trademark if any clues are uncovered.
UAE Trademark Registration: Who Can Apply?
Any symbol used to identify the source, origin, or sponsorship of a product or service in the United Arab Emirates (UAE) is protected by trademark law. Trademark applications can be submitted in the UAE by the following individuals or companies.
- Those who are citizens or residents of the UAE or another Arab nation?
- Any corporation or entity “duly created” under the laws of the United Arab Emirates or any other Arab country.
- Individuals and businesses outside the UAE are welcome to apply for patent and trademark attorney status.
Trademark Registration Procedure in the UAE
The United Arab Emirates (UAE) has an easy trademark registration system. You must submit an application to the UAE trademark office in the Ministry of Economy to register a trademark in the UAE.
Start with Market Research
You should start by verifying the trademark’s availability. UAE does not reveal its comprehensive database in open sources, so you should not use any free online search tools to find information. The Ministry of Economy in the United Arab Emirates is where you may conduct trademark research.
Click “eServices” on the Ministry of Economy’s website: www.moec.gov.ae. You will then be directed to a page where you should select “TradeMarks.”
If the trademark you want is already in use, you’ll need to think of a new one. If not, you can move on with the registration procedure. It’s also worth noting that a business expert in the UAE will likely handle all of this on your behalf. Think about this as you begin the trademark registration process.
1. Complete the Trademark Application
To get a trademark registered, you will need to fill out an application for a trademark with the Ministry of Economy. To accomplish this, go to the website referenced above and select the ‘Services’ option from the homepage.
Select “E-Services” from the subsequent submenu. To continue, click on the link labeled “Trademark Registration” to access the required Application.
All additional necessary materials can be submitted here. Please include the following details in your Application:
- Commercial license
- A copy of the applicant’s passport
- The trademark logo
- Power of attorney
- Document of priority
- Describe any goods or services you want to be protected by this trademark
2. Make Payment for UAE Trademark Registration
After submitting your trademark registration application online, you must pay the associated fees. This charge is currently set at 8,700 AED at this time. Double-check the current application fees before submitting your Application, as they are subject to change.
This fee for registering a trademark can only be used for a single trademark. Additional registration fees will be incurred if you wish to register multiple trademarks or your trademark in numerous classes.
3. The Ministry of Economy will evaluate your Application.
After your application fee is paid, the Ministry of Economy will review it. Your trademark application will be denied if there is even a single blank or incorrect information. You can make the necessary revisions to your Application and then file an appeal if it is rejected. The trademark registration process typically takes 30 days if there are no issues with the Application.
4. Publish in Two News Paper
As soon as your trademark registration is finalized, you must publish it in two Arabic-language newspapers. There will be an additional expense for this, which is your responsibility to bear. Even after it has been published in two different newspapers, there is still a possibility that your trademark will not be approved if someone in the general public files an objection during the first 30 days after it has been published.
If that’s the case, the Trademark Office within the Ministry of Economy will investigate the claim and decide whether or not the trademark can legally be used in the country.
5. The Final Registration Process
The Ministry of Economics will issue a registration certificate if no opposition is filed against the trademark within the allotted time. The information about your trademark and the goods and services it covers, such as the registration number, application date, business name, and owner’s name, should be included here.
To register your trademark, you must follow the procedures outlined above. The initial registration period for a trademark is 10 years, with subsequent renewals possible once a certain number of years have passed. It’s important to remember that your trademark will only be protected within the United Arab Emirates through this registration method.
Renewing a Trademark Registration in the UAE
If your trademark registration has expired, you can renew it within three months after the expiration date. However, in the UAE, you’ll be fined around AED 1,000 each month for failing to renew your trademark on time.
The process for renewing a registered trademark in the UAE is similar to the first registration. After going to the Ministry of Economy’s Services page and clicking on “Trademarks,” you may go to the “Modification and Maintenance Services” tab. Then, select “Trademark Renewal” from the menu that appears. You must also include a copy of the previous registration certificate along with the completed application form. It takes 30 days for your trademark registration to be renewed once you pay the renewal fee.
How to Get Your Trademark Registration Cancelled in the UAE?
Are you looking to withdraw your UAE trademark registration? You can accomplish this through the Ministry of Economy’s website. Under Modification and Maintenance Services on the ‘Trademarks’ website, there is a service labeled “Cancel Registered Trademark by Owner Request.” Select this service, complete the Application, and submit the necessary documentation to have a previously registered trademark canceled. A copy of the former registration certificate is the primary document needed to cancel a trademark registration, while other documents may be needed depending on the specific circumstances.
After submitting the request, you must pay the AED 1,500 cancellation fee. If your Application is accepted, the cancellation process will be finalized after an announcement of the cancellation is published in two Arabic-language publications in your area.
Get Expert Help for Your Trademark Registration in the UAE
Having a distinctive brand name might help you reach more customers and earn the loyalty of your target audience. A business setup expert familiar with UAE legislation is an invaluable resource for anyone planning to establish a company there.
If you need help with anything related to trademark registration in the UAE, including applying, renewing an existing application, assigning a trademark to someone else, changing your legal business name, or obtaining a license, ExpressPRO is here to help. We have the experience and expertise of the law to guide you through the trademark registration procedure and guarantee a successful outcome. Contact us now!