Introduction:
In the ever-evolving landscape of intellectual property rights, the United Arab Emirates (UAE) has taken a bold step to strengthen its trademark and IP regulations. With an aim to curb trademark infringements and protect the interests of investors and businesses, the UAE has raised the fines for violations to a hefty sum of Dh1 million. This move signifies the country’s commitment to creating a robust trademark registration system and fostering a culture of innovation and creativity.
Under the Federal Law No. 36 of 2021 concerning trademarks, which is supplemented by Cabinet Resolution No. 57 of 2022, the scope of protection now extends to various stakeholders. Investors, owners of foreign companies, project owners, registration agents, legal professionals, and all those involved in trademark protection, registration, or prevention of infringement are covered by these expanded regulations. Additionally, the new legislation benefits designers, talented investors, government agencies, and public interest organizations who strive to safeguard intellectual property rights.
Notably, the revamped trademark regulations introduce protection for “new categories” of trademarks, encompassing unique aspects such as smells, sounds, and holograms. This forward-thinking approach reflects the UAE’s commitment to embracing cutting-edge technologies and promoting innovation in brand development and protection.
For those seeking international protection for their trademarks, the process begins with registering in the UAE before submitting an international application. While the UAE provides protection exclusively to trademarks registered within the country, brands aspiring for global safeguarding can pursue international registration through the Madrid Protocol or by directly applying to non-member countries.
Abdulaziz Alnuaimi, Assistant Undersecretary in the Commercial Affairs Regulation Sector at the Ministry of Economy, affirms that the Federal Law No. 36 of 2021 represents a significant legislative milestone in fortifying IP protection in the UAE. It establishes a conducive environment that nurtures creativity and innovation, fostering the growth and prosperity of businesses and positioning the country as a leading global economy rooted in knowledge.
The new and expanded trademark regulation brings several benefits to individuals and businesses operating in the UAE. It serves as a potent weapon against commercial fraud, elevates the quality of traded products, and enhances the allure of the economy for prominent international companies and brands. Moreover, the legislation aims to bolster Emirati brands, fostering their global competitiveness and contributing to the nation’s economic diversification efforts.
In recognition of the evolving trademark landscape, the UAE’s trademark registration system now accommodates unconventional trademark patterns. This flexible approach aligns with the incorporation of cutting-edge technologies in building corporate trademarks and ensures legal protection for these unique and innovative branding elements.
In this comprehensive guide, we will walk you through the process of registering a trademark in the UAE, shedding light on the key steps, requirements, and best practices. Whether you are an entrepreneur looking to protect your brand or an investor aiming to capitalize on the UAE’s business-friendly environment, our expert insights and practical tips will help you navigate the intricacies of trademark registration in the UAE. Stay tuned for an in-depth exploration of this vital aspect of intellectual property rights in the UAE, empowering you to safeguard your brand and pave the way for success in the dynamic UAE market.
This blog will not only answer your question “How to register a trademark in UAE?” but also help you know the importance of trademark registration in the UAE, the paperwork required for the process and the costs involved.
Trademarks & Trademark Registration Service in the UAE
Introduction:
In the ever-evolving landscape of intellectual property rights, the United Arab Emirates (UAE) has taken a bold step to strengthen its trademark and IP regulations. With an aim to curb trademark infringements and protect the interests of investors and businesses, the UAE has raised the fines for violations to a hefty sum of Dh1 million. This move signifies the country’s commitment to creating a robust trademark registration system and fostering a culture of innovation and creativity.
Under the Federal Law No. 36 of 2021 concerning trademarks, which is supplemented by Cabinet Resolution No. 57 of 2022, the scope of protection now extends to various stakeholders. Investors, owners of foreign companies, project owners, registration agents, legal professionals, and all those involved in trademark protection, registration, or prevention of infringement are covered by these expanded regulations. Additionally, the new legislation benefits designers, talented investors, government agencies, and public interest organizations who strive to safeguard intellectual property rights.
Notably, the revamped trademark regulations introduce protection for “new categories” of trademarks, encompassing unique aspects such as smells, sounds, and holograms. This forward-thinking approach reflects the UAE’s commitment to embracing cutting-edge technologies and promoting innovation in brand development and protection.
For those seeking international protection for their trademarks, the process begins with registering in the UAE before submitting an international application. While the UAE provides protection exclusively to trademarks registered within the country, brands aspiring for global safeguarding can pursue international registration through the Madrid Protocol or by directly applying to non-member countries.
Abdulaziz Alnuaimi, Assistant Undersecretary in the Commercial Affairs Regulation Sector at the Ministry of Economy, affirms that the Federal Law No. 36 of 2021 represents a significant legislative milestone in fortifying IP protection in the UAE. It establishes a conducive environment that nurtures creativity and innovation, fostering the growth and prosperity of businesses and positioning the country as a leading global economy rooted in knowledge.
The new and expanded trademark regulation brings several benefits to individuals and businesses operating in the UAE. It serves as a potent weapon against commercial fraud, elevates the quality of traded products, and enhances the allure of the economy for prominent international companies and brands. Moreover, the legislation aims to bolster Emirati brands, fostering their global competitiveness and contributing to the nation’s economic diversification efforts.
In recognition of the evolving trademark landscape, the UAE’s trademark registration system now accommodates unconventional trademark patterns. This flexible approach aligns with the incorporation of cutting-edge technologies in building corporate trademarks and ensures legal protection for these unique and innovative branding elements.
In this comprehensive guide, we will walk you through the process of registering a trademark in the UAE, shedding light on the key steps, requirements, and best practices. Whether you are an entrepreneur looking to protect your brand or an investor aiming to capitalize on the UAE’s business-friendly environment, our expert insights and practical tips will help you navigate the intricacies of trademark registration in the UAE. Stay tuned for an in-depth exploration of this vital aspect of intellectual property rights in the UAE, empowering you to safeguard your brand and pave the way for success in the dynamic UAE market.
This blog will not only answer your question “How to register a trademark in UAE?” but also help you know the importance of trademark registration in the UAE, the paperwork required for the process and the costs involved.
Trademarks & Trademark Registration Service in the UAE
Federal Decree Law No. 36 of 2021 on Trademarks states that a trademark is any distinctive form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or any other marks or group of marks that were used or intended to be used either to distinguish goods, products, or services from whatever sources, or to indicate that specific services, goods, or products belong to the trademark owner. A trademark’s voice is regarded as being a component of it.
The Trademark Registration service enables trademarking the desired brand or other related elements only if it is not the same as or confusingly similar to another trademark that has already been registered or sought from the Ministry of Economy. The department must confirm that the minister has given their consent for trademarks connected to the monitoring or testing of particular items. The department needs 30 days at least from the date of application submission to review and assess the trademark request. Once the examination is complete the applicant receives an approval notification to pay publication fees within 30 days from the issuance date so the authorities can publish the intention of the mark owner on the marks bulletin for the next 30 days to ensure that no one has any objection to the same. Once the allowed objection period is over the applicant has to pay the registration fee to receive the certificate.
The Process Flow: Fill Application >> Pay for Application >> Application Evaluation >> Pay for Publication >> Publishing Happens >> Pay for Registration >> Mark Registered
Importance of Trademark Registration in the UAE
Businesses should go for trademark registration to legally protect their brands from ill-intentioned competitors or copycats. The service provides legal protection for a company’s brand and prevents others from using the same or similar brand name, logo, or design. The act gives the owner exclusive rights to use the trademark in the UAE and can help in resolving disputes related to the ownership or use of the trademark. Trademark registration also enhances a company’s credibility, reputation, and value by distinguishing its products or services from those of its rivals. Failure to register a trademark may result in legal issues, financial losses, and damage to the company’s reputation. Need we say more about the importance of trademarking a brand for companies?
u003cstrongu003eEligible Entities for Trademark Registration in the UAE?u003c/strongu003e
The following entities may register their trademarks u003ca href=u0022https://www.dubaibusinessadvisors.com/blog/intellectual-property/the-new-trademarks-law-in-the-uae/u0022u003ein accordance with the aforementioned lawu003c/au003e:u003cbru003eu003cbru003e1. UAE nationals and the artificial and natural persons conducting any commercial, industrial, professional, or service-related activitiesu003cbru003e2. The UAE nationals and natural and artificial persons carrying out any commercial, industrial, professional or service businessu003cbru003e3. Foreigners and natural and artificial persons doing any commercial, industrial, professional or service businessu003cbru003e4. Additional artificial persons
u003cstrongu003eTrademarks Eligible For Registration in the UAEu003c/strongu003e
When registering u003ca href=u0022https://www.dubaibusinessadvisors.com/blog/intellectual-property/an-insight-to-non-traditional-trademarks/u0022u003etrademarks in the UAEu003c/au003e, there are some restrictions to be aware of. The United Arab Emirates doesn’t entertain the request for trademark registration of the following:u003cbru003e1. Violations of public morals and religionu003cbru003e2. Public emblems (such as flags)u003cbru003e3. Symbols for the Red Cross and Red Crescent, for exampleu003cbru003e4. Titles or names of other peopleu003cbru003e5. Translations verbatim of other famous trademarksu003cbru003e6. You can learn more about any extra restrictions on what you can include in your trademark by getting in touch with the Ministry of Economy
What is the process to Register a Trademark in the UAE
u003cstrongu003e7 Steps to Register a Trademark in the UAEu003c/strongu003eu003cbru003eu003cbru003eThe Ministry of Economy is the authority in charge of trademark registration in the UAE. To register a trademark, individuals can submit an online application via the ministry’s website or through a local trademark agent such as Adam IP. Here’s your step-by-step guide to registering a trademark in the UAE:
u003cstrongu003eStep 1: Search the Trademark Register:u003c/strongu003e
Checking to see if the brand is already being used by another entity is the first stage in the UAE trademark registration process. You won’t be able to register a trademark if someone else is already using it. To achieve this, use tools like Marcaria to conduct a trademark search online. The next steps of trademark registration in the UAE might be taken once you’re certain the trademark is not currently in use. You might want to u003ca href=u0022https://www.dubaibusinessadvisors.com/blog/intellectual-property/trademark-search-in-uae-explained/u0022u003eread this blog on trademark searchu003c/au003e to learn the ropes.
u003cstrongu003eStep 2: Select the Classes:u003c/strongu003e
The UAE Trademark Office classifies trademarks into 45 classes (34 for goods and 11 for services). You’ll need to identify the appropriate class(es) for your trademark.
u003cstrongu003eStep 3: Prepare and File the Application:u003c/strongu003e
Filling out the online application form on the Ministry of Economy’s website is the next step in registering a trademark in the UAE. To achieve this, go to the website’s homepage, click on u0022Services,u0022 and then pick u0022e-Servicesu0022 from the dropdown menu. Once you have been linked to the other page, choose u0022Trademarksu0022 from the Services tab, and then click u0022Trademark Registrationu0022 under u0022New Applications.u0022 Complete the application form and upload the necessary files such as:u003cbru003e1. A clear representation of your trademarku003cbru003e2. A list of the goods or services you want to protectu003cbru003e3. The relevant class(es) for your trademarku003cbru003e4. Contact information for the trademark owneru003cbru003e5. Payment of the required feeu003cbru003e6. Trade License Copyu003cbru003e7. Power of Attorney (for the IP Agent)u003cbru003e8. Passport Copyu003cbru003e9.u003ca href=u0022https://www.moec.gov.ae/en/web/guest/submit-a-priority-documentu0022u003ePriority Documentu003c/au003eu003cbru003e10. Other Attachments (vary on a case-by-case basis)u003cbru003eu003cbru003eOnce you have uploaded the necessary documents, you can submit the application.
u003cstrongu003eStep 4: Pay the Application Fee:u003c/strongu003e
After submitting your application, you must pay the necessary costs to register your trademark in the UAE. For the UAE trademark or brand registration, applicants must spend AED 8,700. Any possible legal and translation costs are not included in the cost of trademark registration in the UAE. Through the Ministry of Economy website, applicants can pay the fee for trademark registration in the United Arab Emirates.
u003cstrongu003eStep 5: Allow time for Application Review:u003c/strongu003e
The Trademark Office will review your application to ensure it complies with all the necessary requirements. The Ministry of Economy will normally approve your application within 30 days if there are no concerns. However, if there are any issues with your application, the Ministry will notify you and give you the opportunity to correct the problem.
u003cstrongu003eStep 6: Publication of the Trademark:u003c/strongu003e
If your trademark is approved, it will be published in the official trademark journal by the Ministry. The publication fee (i.e. AED 1,000) will be borne by you only. Not just that you will also be required to publish the announcement of the trademark in two local Arabic-language newspapers (Al Khaleej, Al Watan, Al Ittihad, Al Bayan, Al Fajr, or Al Wahda) at your cost. This serves as a notice to the public that your trademark is going to be registered soon so those who have an objection to it can come up and raise their concern. The Ministry of Economy will consider any opposition to your trademark during that time period and decide whether to accept it or not after consulting with you.u003cbru003eBE informed that the Ministry of Economy only releases the news at the end of each month, so applicants might have to wait nearly two months for their trademark to be registered in the United Arab Emirates.
u003cstrongu003eStep 7:u003c/strongu003e
The process completes with trademark certificate issuance. The Ministry of Economy issues you a certificate of registration for your trademark in the UAE if there hasn’t been any opposition to it during the given time frame. Important information on the certificate will contain the trademark’s registration number, trade name, owner name, the trademark itself, and a list of the products and services it covers.u003cbru003eRemember that registering your trademark only gives you protection in the seven UAE emirates and not worldwide. Once trademarked, your marks are protected for 10 years. To maintain the protection of your goods and services, the mark owners must renew it every ten years. The trademark renewal cost is AED 6,700. You have three months after a trademark registration’s validity has ended to renew the registration, failing which, you will be fined AED 1,000 for every month you put off renewing your trademark in the UAE. You may also cancel the trademark registration for a fee of AED 1,500 if you don’t want to continue the registration. Additionally, you’ll need to enforce your trademark rights if someone else uses your trademark without your permission.
What is the cost of u003cstrongu003eTrademark Registration in the UAEu003c/strongu003e
The exact cost of trademark registration can’t be determined until you complete the process. In addition to the registration fee of AED 8,700 and publication fee of AED 1,000, there are several other expenses that you have to pay at certain stages such as translation costs and the cost to publish the trademark in two local newspapers. In case you are taking legal help or assistance from trademark registration companies in the UAE that will be an additional cost.u003cbru003eIt’s important to note that the process of registering a trademark in the UAE can take several months, and it’s always recommended to seek the assistance of a qualified trademark lawyer or agent such as Adam Global to ensure the process is handled correctly.
Meet the Right Trademark Agents in Dubai
Our overview of trademark registration in the UAE is now complete. Should you need expert assistance in trademark registration in the UAE from experienced IP Lawyers, feel free to get in touch for a free consultation. Just like you care for your brand, we care for our clients. Whether you want to trademark your food brand, patent an invention or copyright a jewellery design, you won’t face any trouble during the course with our IP attorneys in Dubai by your side every step of the way!
Federal Decree Law No. 36 of 2021 on Trademarks states that a trademark is any distinctive form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or any other marks or group of marks that were used or intended to be used either to distinguish goods, products, or services from whatever sources, or to indicate that specific services, goods, or products belong to the trademark owner. A trademark’s voice is regarded as being a component of it.
The Trademark Registration service enables trademarking the desired brand or other related elements only if it is not the same as or confusingly similar to another trademark that has already been registered or sought from the Ministry of Economy. The department must confirm that the minister has given their consent for trademarks connected to the monitoring or testing of particular items. The department needs 30 days at least from the date of application submission to review and assess the trademark request. Once the examination is complete the applicant receives an approval notification to pay publication fees within 30 days from the issuance date so the authorities can publish the intention of the mark owner on the marks bulletin for the next 30 days to ensure that no one has any objection to the same. Once the allowed objection period is over the applicant has to pay the registration fee to receive the certificate.
The Process Flow: Fill Application >> Pay for Application >> Application Evaluation >> Pay for Publication >> Publishing Happens >> Pay for Registration >> Mark Registered
Importance of Trademark Registration in the UAE
Businesses should go for trademark registration to legally protect their brands from ill-intentioned competitors or copycats. The service provides legal protection for a company’s brand and prevents others from using the same or similar brand name, logo, or design. The act gives the owner exclusive rights to use the trademark in the UAE and can help in resolving disputes related to the ownership or use of the trademark. Trademark registration also enhances a company’s credibility, reputation, and value by distinguishing its products or services from those of its rivals. Failure to register a trademark may result in legal issues, financial losses, and damage to the company’s reputation. Need we say more about the importance of trademarking a brand for companies?
u003cstrongu003eEligible Entities for Trademark Registration in the UAE?u003c/strongu003e
The following entities may register their trademarks u003ca href=u0022https://www.dubaibusinessadvisors.com/blog/intellectual-property/the-new-trademarks-law-in-the-uae/u0022u003ein accordance with the aforementioned lawu003c/au003e:u003cbru003eu003cbru003e1. UAE nationals and the artificial and natural persons conducting any commercial, industrial, professional, or service-related activitiesu003cbru003e2. The UAE nationals and natural and artificial persons carrying out any commercial, industrial, professional or service businessu003cbru003e3. Foreigners and natural and artificial persons doing any commercial, industrial, professional or service businessu003cbru003e4. Additional artificial persons
u003cstrongu003eTrademarks Eligible For Registration in the UAEu003c/strongu003e
When registering u003ca href=u0022https://www.dubaibusinessadvisors.com/blog/intellectual-property/an-insight-to-non-traditional-trademarks/u0022u003etrademarks in the UAEu003c/au003e, there are some restrictions to be aware of. The United Arab Emirates doesn’t entertain the request for trademark registration of the following:u003cbru003e1. Violations of public morals and religionu003cbru003e2. Public emblems (such as flags)u003cbru003e3. Symbols for the Red Cross and Red Crescent, for exampleu003cbru003e4. Titles or names of other peopleu003cbru003e5. Translations verbatim of other famous trademarksu003cbru003e6. You can learn more about any extra restrictions on what you can include in your trademark by getting in touch with the Ministry of Economy
What is the process to Register a Trademark in the UAE
u003cstrongu003e7 Steps to Register a Trademark in the UAEu003c/strongu003eu003cbru003eu003cbru003eThe Ministry of Economy is the authority in charge of trademark registration in the UAE. To register a trademark, individuals can submit an online application via the ministry’s website or through a local trademark agent such as Adam IP. Here’s your step-by-step guide to registering a trademark in the UAE:
u003cstrongu003eStep 1: Search the Trademark Register:u003c/strongu003e
Checking to see if the brand is already being used by another entity is the first stage in the UAE trademark registration process. You won’t be able to register a trademark if someone else is already using it. To achieve this, use tools like Marcaria to conduct a trademark search online. The next steps of trademark registration in the UAE might be taken once you’re certain the trademark is not currently in use. You might want to u003ca href=u0022https://www.dubaibusinessadvisors.com/blog/intellectual-property/trademark-search-in-uae-explained/u0022u003eread this blog on trademark searchu003c/au003e to learn the ropes.
u003cstrongu003eStep 2: Select the Classes:u003c/strongu003e
The UAE Trademark Office classifies trademarks into 45 classes (34 for goods and 11 for services). You’ll need to identify the appropriate class(es) for your trademark.
u003cstrongu003eStep 3: Prepare and File the Application:u003c/strongu003e
Filling out the online application form on the Ministry of Economy’s website is the next step in registering a trademark in the UAE. To achieve this, go to the website’s homepage, click on u0022Services,u0022 and then pick u0022e-Servicesu0022 from the dropdown menu. Once you have been linked to the other page, choose u0022Trademarksu0022 from the Services tab, and then click u0022Trademark Registrationu0022 under u0022New Applications.u0022 Complete the application form and upload the necessary files such as:u003cbru003e1. A clear representation of your trademarku003cbru003e2. A list of the goods or services you want to protectu003cbru003e3. The relevant class(es) for your trademarku003cbru003e4. Contact information for the trademark owneru003cbru003e5. Payment of the required feeu003cbru003e6. Trade License Copyu003cbru003e7. Power of Attorney (for the IP Agent)u003cbru003e8. Passport Copyu003cbru003e9.u003ca href=u0022https://www.moec.gov.ae/en/web/guest/submit-a-priority-documentu0022u003ePriority Documentu003c/au003eu003cbru003e10. Other Attachments (vary on a case-by-case basis)u003cbru003eu003cbru003eOnce you have uploaded the necessary documents, you can submit the application.
u003cstrongu003eStep 4: Pay the Application Fee:u003c/strongu003e
After submitting your application, you must pay the necessary costs to register your trademark in the UAE. For the UAE trademark or brand registration, applicants must spend AED 8,700. Any possible legal and translation costs are not included in the cost of trademark registration in the UAE. Through the Ministry of Economy website, applicants can pay the fee for trademark registration in the United Arab Emirates.
u003cstrongu003eStep 5: Allow time for Application Review:u003c/strongu003e
The Trademark Office will review your application to ensure it complies with all the necessary requirements. The Ministry of Economy will normally approve your application within 30 days if there are no concerns. However, if there are any issues with your application, the Ministry will notify you and give you the opportunity to correct the problem.
u003cstrongu003eStep 6: Publication of the Trademark:u003c/strongu003e
If your trademark is approved, it will be published in the official trademark journal by the Ministry. The publication fee (i.e. AED 1,000) will be borne by you only. Not just that you will also be required to publish the announcement of the trademark in two local Arabic-language newspapers (Al Khaleej, Al Watan, Al Ittihad, Al Bayan, Al Fajr, or Al Wahda) at your cost. This serves as a notice to the public that your trademark is going to be registered soon so those who have an objection to it can come up and raise their concern. The Ministry of Economy will consider any opposition to your trademark during that time period and decide whether to accept it or not after consulting with you.u003cbru003eBE informed that the Ministry of Economy only releases the news at the end of each month, so applicants might have to wait nearly two months for their trademark to be registered in the United Arab Emirates.
u003cstrongu003eStep 7:u003c/strongu003e
The process completes with trademark certificate issuance. The Ministry of Economy issues you a certificate of registration for your trademark in the UAE if there hasn’t been any opposition to it during the given time frame. Important information on the certificate will contain the trademark’s registration number, trade name, owner name, the trademark itself, and a list of the products and services it covers.u003cbru003eRemember that registering your trademark only gives you protection in the seven UAE emirates and not worldwide. Once trademarked, your marks are protected for 10 years. To maintain the protection of your goods and services, the mark owners must renew it every ten years. The trademark renewal cost is AED 6,700. You have three months after a trademark registration’s validity has ended to renew the registration, failing which, you will be fined AED 1,000 for every month you put off renewing your trademark in the UAE. You may also cancel the trademark registration for a fee of AED 1,500 if you don’t want to continue the registration. Additionally, you’ll need to enforce your trademark rights if someone else uses your trademark without your permission.
What is the cost of u003cstrongu003eTrademark Registration in the UAEu003c/strongu003e
The exact cost of trademark registration can’t be determined until you complete the process. In addition to the registration fee of AED 8,700 and publication fee of AED 1,000, there are several other expenses that you have to pay at certain stages such as translation costs and the cost to publish the trademark in two local newspapers. In case you are taking legal help or assistance from trademark registration companies in the UAE that will be an additional cost.u003cbru003eIt’s important to note that the process of registering a trademark in the UAE can take several months, and it’s always recommended to seek the assistance of a qualified trademark lawyer or agent such as Adam Global to ensure the process is handled correctly.
Meet the Right Trademark Agents in Dubai
Our overview of trademark registration in the UAE is now complete. Should you need expert assistance in trademark registration in the UAE from experienced IP Lawyers, feel free to get in touch for a free consultation. Just like you care for your brand, we care for our clients. Whether you want to trademark your food brand, patent an invention or copyright a jewellery design, you won’t face any trouble during the course with our IP attorneys in Dubai by your side every step of the way!
