Trademark Registration

Brand Registration in the UAE

In the United Arab Emirates, the business owner can protect their brand name by registering their trademark. UAE is a member of the WIPO (World Intellectual Property Organisation) and has implemented several measures and provisions to protect brands and trademarks. This article presents an overview of brand and Brand Registration in the UAE, provisions related to trademark registration, documents required and benefits of registering your Brand in the UAE.

Provisions Related to Brand Registration in the UAE

The United Arab Emirates first passed federal law No. 4 in 1979 to protect brand identity and business names. In 1992, the first trademark law emerged in UAE, which was later modified in the early 2000s. The UAE (United Arab Emirates) provides a comprehensive legal framework which grants the right to register the trademark to protect the brand identity to UAE nationals and non-nationals who perform services such as commercial, industrial services or handicraft services. Trademark registered in the United Arab Emirates is protected in the seven emirates, including Abu-Dhabi, Dubai, Ras Al Khaimah, Fujairah, Ajman and Umm Al Quwain.

What can be Constituted as Trademark?

According to the UAE’s federal law No. 37 of 1992, a trademark in the UAE can be constituted of anything which has a distinctive element. It can be anything ranging from logos, slogans, graphics, signs, symbols, packs, names, words, letters etc. In short, a trademark can be anything which is distinguishable from its competitors. A trademark should be distinctive in nature and not descriptive in nature.

According to Article 3 of the Federal Law No. 37 of 1992, there are certain signs and symbols which cannot be registered as trademarks. They are restricted from being registered as trademarks in the eyes of the law. These exceptions are given below:-

• The proposed brand should not be offensive against public morals and religions.
• It should not contain public symbols such as national flags, and symbols such as the Red Cross and Crescent cannot be used.
• Direct copies of well-known trademarks are not allowed. Also, the names and titles of third parties and competitors are not allowed.
• Controversial names or signs and symbols which can rage public outcry are barred under the provisions of trademark law in UAE from registering as trademarks.
• Additional requirements can be imposed according to the provisions of law at that time.

Any person can apply for trademark registration in UAE if he desires to protect his brand identity and reputation, and if he wants to differentiate his brand products from that of the competitors, he should file an application for trademark registration in UAE. However, it is important to note that trademark registration is territorial in nature and not universal. The person is required to register his trademark in all the jurisdictions he’s seeking protection.

Documents Required for Brand Registration in the UAE

There are the following documents required for Brand registration in the UAE. These documents are mentioned below:-

• For Brand Registration in the UAE, a signed POA or power of attorney^[1] is required to authorise the trademark agent to file the trademark application on the client’s behalf.
• The trademark application form needs to be filled out for the registration of the trademark in UAE. This form contains basic information about the applicant, such as personal details of the applicant, including the name and address of the applicant, the description of the trademark and the class of goods and services and the filing date mentioned.
• The trademark application must be submitted along with the trademark specimen image, and a priority document should also be submitted if it is applicable.
• For trademark registration in the United Arab Emirates, a trademark search report is required to be submitted to ensure that the proposed trademark for registration is not in conflict with the already existing trademarks.

Apart from these documents, it may be possible that sometimes some additional documents must be required. That’s why it becomes to seek assistance and advice from a professional legal expert to hold expertise in brand and trademark registration issues.

Procedure for Brand Registration in the UAE

Trademark registration in UAE seems an easy process but can become a bit complicated if done in a negligible manner without following all the specified rules and regulations. Given below is a thorough description of the procedure for Brand Registration in the UAE.

• The first and foremost step which should be done before going for trademark registration is searching for the trademark availability to check whether the trademark you want to register is already in existence or not. This can be done by carrying out a comprehensive trademark search to rule out any possibilities.
• After conducting a trademark search, the next step is to fill out the trademark application form. The trademark application form can be downloaded from the respective trademark website of the Ministry of Economy’s e-services in UAE. In the trademark application form, mandatory documents need to be submitted.
• After the filing of the trademark application, payment of the trademark application fee is made. The fee for Brand Registration in the UAE is reported to be around AED 5000. However, it is important to note that apart from the registration fee, a further court fee will also be applied.
• After the submission of the application for Brand registration in the UAE, the application will be evaluated by the MOE, and if found everything to be appropriate, the person will get the trademark clearance within 30 days of the submission of the application. However, in case of rejection of the trademark application, the person has the right to make an appeal in a court of law.
• After the approval, the document will get published in the official gazette. Anyone who wants to raise an objection regarding the proposed trademark can do it within 30 days of the application being released.
• In case no objection is filed within the stipulated time period, the Ministry of Economy will issue a certificate of approval. This certificate of approval contains basic details such as the registration number, date of filing, company name, owner’s name, trademark and the comprehensive list of goods and services falling under that registered brand.

Benefits of Brand Registration in the UAE

There are several benefits of Brand Registration in the UAE. These benefits or advantages are mentioned below:-

• Brand Registration can provide exclusive rights to the owner of the trademark and also provides legal protection. It also prevents others from using a similar or identical trademark as that of the particular trademark for similar goods and services.
• Brand Registration helps in enhancing a brand’s reputation and its overall image and also helps in increasing a brand’s visibility and recognition. This can further lead to more customer engagement and increased customer trust and loyalty.
• Brand registration helps in increasing the asset value of a business, and it is considered an intangible asset from the business point of view.
• Brand registration is quite beneficial as it provides the legal right to sue the infringers and people who try to copy the trademark, thus protecting the brand and its reputation.

Conclusion

Overall, it can be concluded that trademark registration is beneficial for companies as it provides long-term protection to the brands and also helps in gaining a competitive edge over the market. By registering the trademarks, companies can better reach and serve their customers, thus eventually increasing the brand’s reputation and customer loyalty.

Also Read: Procedure of Trademark Registration in UAE