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- Trademark Litigation
Trademarks are brand names, symbols, or logos that are used to identify a company’s goods or services. A trademark is a name, words, signature, letter, symbol, drawing, figure, inscription, picture, or advertisement that is used to identify a group of items, goods, and services as belonging to one owner or coming from one source.
[Picture Credit: Shutterstock]
There are numerous advantages to trademark registration in the UAE, including the protection of your brand and the assurance that other companies will not counterfeit or imitate your trademark. The Ministry of Economy of the United Arab Emirates is the official entity in charge of trademark registration, renewal, and revocation.
WHAT CAN BE REGISTERED AS A TRADEMARK IN THE UAE?
Despite the fact that a brand can be defined by a wide range of characteristics, rules govern which of those traits can be registered. Trademarks can be applied to signatures, titles, characters, seals, posters, engravings, names, paintings, and any other label that serves to differentiate one brand from another. Geographic names, currencies, information of honorary degrees, and markings that could deceive the public or really breach public order are not deemed trademarkable, according to Article 3 of Federal Law No. 37 of 1992.
Although trademark registration is not required in the UAE, it will help you secure exclusive rights to use and profit from the registered trademark. It would also protect the name from alleged infringers and give you the power to take legal action in the event of an infringement.
LIMITATIONS ON REGISTERING A TRADEMARK IN UAE
There are certain limitations to keep in mind when registering trademarks in the UAE. If you wish to register a United Arab Emirates trademark, it must not contain any of the following:
- Offenses against public morals and religions
- Public symbols (such as flags)
- Symbols such as for Red Cross and Red Crescent
- Names or titles of third parties
- Direct translations of other well-known trademarks
There may be additional limitations to what you can include in your trademark, which you can find out by contacting the Ministry of Economy.
WHO CAN APPLY FOR A TRADEMARK IN UAE?
A person who wants to use a trademark to distinguish his or her goods or service should register it in the UAE as well as in the jurisdictions where they want to be protected.
However, not everyone employed in the UAE is eligible to obtain a trademark or file a trademark application. Under Federal Law No. 37 of 1992 on Trademarks, the following parties are eligible to register their trademarks:
- Citizens of the United Arab Emirates, as well as natural and artificial humans working in any economic, technological, or service-related field.
- Foreigners, as well as natural and artificial humans working in any economic, technological, or service-related field.
- Foreigners, both natural and artificial, who work in any economic, technological, or service area in another country on the premise of reciprocity.
- Other man-made people
TRADEMARK REGISTRATION PROCESS IN UAE
The procedure for trademark registration in the UAE is straightforward, however, it is critical to follow. If you want to register your company’s trademark in the United Arab Emirates, complete these steps:
- Make sure the trademark is not already registered
The first stage in the UAE trademark registration process is to ensure that the trademark isn’t currently in use by another company. You will not be allowed to register a trademark if it is currently in use by someone else. You can accomplish this by using tools like Marcaria to look for the trademark online. After you’ve confirmed that the trademark isn’t already in use, you may go on to the next phases of trademark registration in the United Arab Emirates.
- Fill out the application form on the ministry of economy
Fill out the online application form on the Ministry of Economy’s website, which is the official authority that oversees trademark applications, to register a trademark in the UAE. To do so, go to the website’s homepage and click on ‘Services,’ then ‘e-Services,’ from the dropdown menu. Once you’ve been linked to the other page, pick ‘Trademarks’ from the Services page and click ‘Trademark Registration’ under New Applications. Complete the application form and attach the necessary documents.
The following are the paperwork needed to register a trademark in the United Arab Emirates:
- Trademark Logo
- Copy of Trade Licence
- Power of Attorney
- Passport Copy
- Priority Document
- List of Goods and Services to be protected
Other documents may be required on a case-by-case basis. Once you have uploaded the necessary documents, you can submit the application.
- Pay the trademark registration fees in UAE
After you’ve filed your application, you’ll need to pay the necessary costs for trademark registration in the UAE. In order to register a trademark or brand in the UAE, applicants must pay AED 8,700. This trademark registration cost in the UAE does not include any possible legal or translation fees. Applicants can pay the cost of trademark registration in the UAE on the Ministry of Economy’s website.
- Wait for your application to be reviewed by the ministry of economy
Your application for trademark registration in the UAE will be reviewed by the Ministry of Economy after it has been submitted. When filling out the application, you must be careful and precise, since any missing or incorrect information can result in your application being rejected. Applicants can, however, challenge or revise their applications as needed if this occurs.
If there are no concerns with your application, the Ministry of Economy will usually approve it within 30 days.
- Publish the announcement in two local arabic-language newspapers
After your trademark registration in the UAE has been approved, you must have an announcement of your trademark published in the official journal as well as two local newspapers. To get your trademark published in the official trademark journal, you must pay the Ministry of Economy AED 1,000, which will be published on your behalf. However, applicants will be forced to pay an extra fee to have the trademark announcement published in two local Arabic-language publications.
Members of the public have 30 days to object to your trademark after it has been published in two Arabic-language publications in the UAE. If someone files an objection to your trademark during that time period, the Ministry of Economy will consider it and either reject it or notify you.
However, applicants should be aware that the Ministry of Economy only releases the notification at the end of each month, so they may have to wait nearly two months to have their trademark registered in the UAE.
- Receive the trademark registration certificate
If no objections to your trademark have been received during that time period, the Ministry of Economy will issue you a certificate of registration for your trademark in the UAE. The trademark registration number, the trade name and owner’s name, the trademark itself, and a description of the goods and services that fall under it will all be included in the certificate.
- Trademark validity in the UAE
A trademark registered in the UAE has a 10-year validity period, after which it must be renewed for a fee.
Keep in mind that trademark registration only protects your brand in the UAE’s seven emirates, not anyplace else in the globe.
- Trademark registration charges in the UAE
The cost of trademark registration in the UAE is AED 8,700, with an extra AED 1,000 for trademark publication in the official journal. Additional charges for translations and legal assistance, as well as the cost of publishing the trademark in two local publications, may be incurred.
You can also hire a trademark registration company in the UAE to help you with the process, but this will be more expensive.
RENEWAL OF YOUR TRADEMARK REGISTRATION IN THE UAE
After the validity of a trademark registration has expired, you will have three months from the date of expiry to renew it. However, you will be fined AED 1,000 for each month you postpone renewing your trademark in the UAE.
In the United Arab Emirates, trademark renewal follows the same procedure as trademark registration. Select Modification and Maintenance Services from the Ministry of Economy’s website’s Services page after selecting ‘Trademarks’ from the Services page. Then, from the selection list, select ‘Trademark Renewal.’ You will also need to submit a copy of your old registration certificate in addition to the application form. Your trademark registration will be renewed within 30 days after paying the renewal price.
TRADEMARK RENEWAL FEES IN THE UAE
Once you have submitted the application form, you will need to pay the renewal cost, which is AED 6,700.
CANCELLATION OF A TRADEMARK REGISTRATION IN THE UAE
Do you want to revoke your trademark registration in the United Arab Emirates? You can do so on the website of the Ministry of Economy. ‘Cancel Registered Trademark By Owner Request’ is a service under Modification and Maintenance Services on the ‘Trademarks’ website. Those who want to cancel a trademark registration can use this service and fill out the application form and submit the appropriate papers. A copy of the former registration certificate is the principal document necessary to cancel a trademark registration, while other documents may be required on a case-by-case basis.
After you’ve filed your application, you’ll need to pay the AED 1,500 cancellation fee. If your application is approved, you must then print an announcement of the cancellation in two local Arabic-language publications, which will finish the procedure.
Author: Anuja Saraswat – a student of B.A.LL.B (Hons.) from NMIMS Kirit P. Mehta School of Law (Mumbai), in case of any queries please contact/write back to us via email firstname.lastname@example.org or at Khurana & Khurana, Advocates and IP Attorney.