A trademark is a unique symbol, word, logo or several words or logos that are registered or set up lawfully via their use as displaying a business or the brand of a product. A trademark safeguards logos and brand names utilized on services along with goods. Trademarks are intellectual property rights that are safeguarded by law. Trademarks are distinct from patents, which safeguard inventions and copyright, and authorship's original work. Trademark registration in the UAE is obligatory.
The trademark law in UAE was presented in its Federal Law No.37 of 1992 on Trademarks. The leading goal of a trademark is brand recognition. Trademarks perform as a guarantee to the customer that products or the company bearing the trademark are of a reputable brand and trustworthy quality. To put it in simple words, trademarks save customers from making use of fake brands or products. Accordingly, trademarks assist in being much better than the competition by safeguarding the business’s goodwill that possesses the mark, in other words trademark registration in the UAE guarantees the business’s entity.
Trademark Authority in UAE
For trademark registration in the UAE, the Trademarks Office- Ministry of Economy is the responsible authority.
What can be regarded as a Trademark?
Any kind of unique seal letters, numbers, words, logos, hallmarks, titles, advertisements packs. Marks or group of marks that are to be utilized to recognize or make distinct goods or services is permitted to be registered as a trademark.
What is forbidden from being registered as a Trademark?
There are a few items that are not allowed to be registered as a trademark; they are:
Descriptive Marks or marks that are not distinctive
Any mark that infringes public morals or public order
Flags identical to that of any country, international organizations, and governments cannot be employed unless officially permitted by a foreign authority. Emblems and logos of an analogous kind are forbidden
Logos of the Red Cross or the Red Crescent or any other emulation of such analogous organizations is forbidden
Marks that are identical to symbols having a completely religious character
Use of Geographic names that may be identified wrongly as to the origin of a product or service is also forbidden
National Medals, International Medals, Banknotes along with coins
A translated version of a reputable mark or an already registered trademark if such translation would baffle the customers
Requirements for a Trademark Registration in the UAE
There are some documents to be prepared and delivered for trademark registration in the UAE. Extra info also may have to be delivered:
Nationality, name and address of the trademark owner
Nature of business for which the trademark will be utilized
A visual portrayal of the mark
Meaning or interpretation of the mark if the mark is not in Arabic
A power of attorney from the holder, properly notarized and legitimatized at the consulate of UAE. However, if the notarization is conducted in UAE, no legalization is needed
If priority is being wanted, all details concerning the priority application and a verified copy of the priority document.
How to Register Trademark in UAE?
The procedure is very easy and simple. Although it is an apparently simple process, you must pay attention to this point that trademark registration is a very sensitive and specialized process that requires knowledge, skill and expertise, so you need someone to guide you through this sensitive process to achieve the best result. A meticulous lawyer such as Mr. Arashzad who pays close attention to details can be a great consultant to help you successfully and carefully take all the steps of trademark registration. Here are the steps to be taken into account to register a trademark in UAE:
1. Ensure the trademark has not been already registered
If another person or business already registers the trademark, it is not allowed to be registered. It can be searched online by employing tools such as Marcaria. If the trademark is not registered, continue with the next step.
2. Fill out an online application
The Ministry of Economy is the official authority that is in charge of trademark application and trademark registration in the UAE. Fill out the application form and upload and send the documents stated below:
Trademark Logo
Copy of Trade License
Power of Attorney
Passport Copy
Priority Document
List of Goods and Services to be protected
Additional documents may be needed for some cases. You can apply for registration as the required documents are uploaded. Although you can do this process on your own, it is necessary to get help from someone who is experienced, accredited and professional in this field. Mr. Arashzad is a reputable and knowledgeable lawyer who can guide you through the whole process and help you facilitate the process of trademark registration since he is completely familiar with all subtleties and details of this process and ensure the success of trademark registration in the shortest time with the best result.
3. Pay the obligatory costs
Pay the needed fees once the application is sent. The trademark registration UAE fee is around AED 8700. This trademark registration fee in the UAE does not involve any legal and translation costs you may have to pay.
4. Assessment by the Ministry
MoE will formally assess the application for trademark and brand registration in UAE. It is recommended to be precise and cautious while filling out the form, as any missing or incorrect information can get the application refused. If the application has no problems, then the Ministry of Economy will usually confirm within 30 days.
5. Issuing in newspaper
Once the trademark is confirmed, express the same in the official journal and two local newspapers. The newspapers where one can issue the formal declaration are:
Al Khaleej
Al Watan
Al Ittihad
Al Bayan
Al Fajr
Al Wahda
After issuing in two Arabic-language newspapers in the UAE, members of the public have 0 30 days to express an objection to the trademark. If someone raises an objection to the trademark in that period, the Ministry of Economy will deal with the objection, following which they will either refuse it or notify the party. However, keep in mind that the Ministry of Economy only issues the announcement at the end of each month, so it could take almost two months for a trademark to be registered in the UAE.
6. Get the trademark registration license
Assume there has been no objection to your trademark at that time. In that case, the Ministry of Economy will then issue you with a registration certificate for the trademark in the UAE. The certificate will contain significant details including the trademark's registration number, the trade name and owner's name, the trademark itself and an explanation of the goods and services that it covers.
Area covered under a UAE Trademark
A UAE trademark registration is safeguarded in regions like Sharjah, Abu Dhabi, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain.
Domain Names under Trademark
Companies and individuals can possess a domain name in the UAE without the necessity for any local presence. Still, the domain name has to be officially recorded with the authority in the UAE, which is the. aeDa. A domain name is only preserved if it is registered under the Trademark Law of the UAE. Typically, to save a Domain name, an unjust competition lawsuit is filed in the court to implement domain names' rights. Mr. Arash Zad is an experienced and certified lawyer who not only can facilitate the process of trademark registration; but can also defend you legally and sagaciously against any filed lawsuit. A good lawyer is someone who can help you to get rid of all problems with his intelligence, knowledge and experience, so do not hesitate to assign the sensitive process of trademark registration to a reliable lawyer like Mr. Arash Zad who can ensure success, calmness and quality.