Trademark Registration in UAE
TRADEMARK REGISTRATION
Trademark registration is a step by step process by which an individual or a business entity can protect their brand logo and brand identity which help to identify the goods and differentiate it from other goods and services.
What is Trademark Registration in UAE?
Trademarks are name, symbols, logo, word, sign, letters, and pictures which helps to identify the goods and services and differentiate it from others. The Trademark Registration in UAE is governed by the Federal law no. 37 of 1992 as amended by Federal law no. 8 of 2002. The authorized authority to deal with the registration of trademarks in the UAE is the Ministry of Economy of the United Arab Emirates. Once the trademark is registered, it thus protects the trademark, prevents unauthorized use and initiates a lawsuit incase of any infringement.
Conditions for Trademark Registration
Article 3 of Federal law no. 37 of 1992 as amended by Federal law no. 8 of 2002 deals with the grounds for rejection of the application.
Before making the application for trademark registration, it is essential to check whether your trademark does not fall under these heads.
- Trademark should not be similar
- Trademarks should not contain Red cross, Red Crescent an other similar marks.
- Trademarks should not violate public orders or morals
- Trademarks should not be a translation of well known marks or any renowned marks.Trademark should contain any marks having religious nature or traits.
What are the benefits of Trademark Registration in Dubai?
Protection of brand identity
Once your trademark is registered, it prohibits others from using the same trademark and gives protection to the identity of the brands.
Ease of identification
If a trademark is registered, it helps the consumer to easily identify your brand and its goods and services, by providing certain distinctiveness.
Complete Ownership
The registered trademark will automatically vest with the owner of the trademark offering complete ownership to the person.
Prevents Unauthorized Use
Once your trademark trademark is registered, it prevents unauthorized use of the same and helps initiate infringement suit against the unauthorised user.
Asset value
Trademark is also a valuable asset to the owner of trademark, which increases in value along with the growth of the service provided.
Trademark Registration Process in UAE
Step 1 : Conduct a trademark search
The first and utmost important step in registering a trademark is conducting a trademark search. Trademark search helps in knowing whether the trademark decided by you is in use by anyone or registered. If it is in use or registered by anyone, it is one of the grounds by which trademark application. So, before applying ensure your trademark is not already registered by anyone. If it is found to be not in use or registered by anyone, you can proceed with the application process.
Step 2 : Log in and Fill the application
The next is making an application. This process can be very much done through the online website of the UAE government.
Log in to the moec.gov.ae website. On that website, select e-services. From that e-services, select Register the trademark. After that, choose Register Trademark from the dropdown. Thereafter, you can fill the application and upload the necessary documents.
Step 3 : Reviewing of application
Once, filling the application and paying the requisite fee. The Ministry of Economy will scrutinize the application and conduct a check to ensure the trademark is not registered and to check the documents uploaded are genuine in nature. If there are no issues with the application, the ministry will generally give approval within 30 days of filing. If approved, the same will be communicated to the applicant and publishing the trademark in the trademark bulletin journal.
Step 4 : Publication of trademark
After giving approval and payment, the next step is publication of the trademark. The trademark should be published in two Arabic daily newspapers and the trademark bulletin journal.
Step 5 : Opposition
Once it is published in the journal, it is open to the public for raising the opposition. The opposition period of 30 days starts from the date of publication of the trademark in the trademark bulletin journal. If there is any objection received by the Ministry, they will either consider it and notify the same to the applicant or reject it.
Step 6 : Trademark Certificate
After the final payment, the trademark certificate will be issued within 30 days from the end of objection period.
Documents required for Trademark Registration in United Arab Emirates
- If the applicant is a foreign person, Legal and Notarized Power of Attorney should be submitted through Registration Agent.
- Trademark Logo
- Copy of Trademark License
- Passport Copy
- Priority Document
- List of Goods and Services to be protected
Madrid Protocol and International Trademark Registration
Madrid Protocol is an international system for filing trademarks at multiple jurisdictions through a single application by the owner of a trademark. Madrid Protocol helps the applicant to register the trademark in multiple jurisdictions in a single application without applying in each and every country.
The trademark registration through the Madrid Protocol is easy, time consuming, cost efficient and can be applied in more than one jurisdiction. The application filed through Madrid Protocol will have a single renewal date at all the jurisdictions filed.
FAQ
FAQ on Trademark Registration in UAE
Why is Trademark Search Important before registering a Trademark?
Trademark search is important to ensure that the trademark select by the application is not registered and not in use.
How long it takes to register a Trademark in UAE?
The trademark registration in UAE takes a minimum period of 4 months.
Difference between Trademark and Copyright?
In general, Trademark protects the brand name and its identity whereas the Copyright protects the original creative works such as literary, dramatic and artistic works, etc.
TRADEMARK REGISTRATION IN UAE
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