Trademark Registration Restrictions in the UAE
When it comes to trademark registration in the UAE, there are certain restrictions in place. The authorities prohibit the registration of the following types of possessions as trademarks:
- Descriptive Marks or non-distinctive marks.
- Marks that go against public morals or public order.
- Flags resembling those of any country, international organization, or government.
- Emblems and logos of a similar nature.
- Logos associated with the Red Cross, Red Crescent, or any imitation of such organizations.
- Marks that closely resemble symbols with purely religious significance.
- Usage of geographic names that may lead to confusion about the origin of a product or service.
- National Medals, International Medals, Banknotes, and coins.
Translated versions of well-known marks or already registered trademarks if they have the potential to confuse consumers.
Trademark Classes in UAE Registration
The trademark class system is a categorization framework used for registering trademarks in the UAE. Under this system, trademarks are classified into specific ‘classes,’ with each class encompassing different types of products and services.
In total, there are 45 international classes, and it is possible to register trademarks in 44 of these classes in the UAE. To secure trademark protection for your brand, a separate application is required for each class that aligns with the goods or services you offer.
Selecting the appropriate trademark class is of paramount importance for ensuring necessary protection and avoiding unnecessary costs. Registering your trademark in classes that are not relevant to your goods or services can be both costly and unnecessary.
Trademark Search
Performing a trademark search at the Trademark Registry is crucial as it allows you to ascertain if there are existing prior rights associated with your proposed trademark. This search is instrumental in gauging the likelihood of success for your application and is strongly advised prior to initiating the trademark application process in the UAE.
Trademark Regulation in the UAE
The Ministry of Economy in the United Arab Emirates holds the reins when it comes to trademark registration, renewal, and revocation. Overseeing all seven Emirates—Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Ajman, Fujairah, and Umm Al Quwain—the primary law governing trademarks is the Federal Law on Trade Marks (No. 36 of 2021). Remarkably, a Registration Certificate of Trademark in the UAE holds validity across all seven states.
Trademark Validity in the UAE
Trademarks in the UAE remain valid for a period of 10 years, starting from the date of the initial application. To continue protection beyond this period, the applicant is required to renew the trademark for an additional ten-year term.
It’s important to note that this registration exclusively safeguards the trademark within the seven emirates of the UAE and does not provide protection in other parts of the world.
Documents Required
For the registration of a trademark in the UAE, the following documents are required:
Steps in the UAE Trademark Registration Process
The trademark registration process involves the following steps:
Trademark Search
The initial stage of UAE trademark registration involves ensuring that the proposed trademark is not currently in use by another entity. While not mandatory, it is highly advisable to conduct this search to identify any identical or similar prior applications or registrations.
Trademark Application
Following the trademark search, trademark agents proceed to file the application with the Trademark Office. Foreign companies or individuals cannot file a trademark application without engaging approved trademark agents in the UAE.
Order from the Registrar
In accordance with the law, the registrar issues an acceptance or rejection order in response to the trademark application.
Publication of Trademark
If the application is accepted, the trademark is published in two local Arabic newspapers within 30 days from the date of the acceptance letter. Official fees for the publication of the trademark in the official gazette are also required to be paid at this stage. The deadline to pay the final registration fees is calculated from the last day of the opposition period, with a 30-day deadline.
Certificate
Upon payment of the final registration fees, the Trademark Office issues the registration certificate. The trademark registration certificate remains valid for a period of 10 years, starting from the date of filing the application.