Trademark Registration

Procedure of Trademark Registration in UAE

Obtaining a trademark is essential for entities as it helps them in creating a separate brand value for their business. UAE provides trademark registration service for signatures, titles, engravings, paintings, posters, labels, characters etc. Trademark registration, though not mandatory, gives the brand legal protection from competitors or other entities. This piece of writing aims to elucidate the trademark registration process in the UAE, including steps and the renewal process.

What are the limitations on trademark registration in UAE?   

The following things cannot be trademarked in UAE:

• Geographic names, information about honorary degrees, markings to deceive public
• Offending marks against religions and morals
• Names and titles of third parties
• Direct translations of well-known trademarks
• Symbols of Red Crescent and Red Cross

What are the documents that are required for trademark registration in UAE?

The following documents are required for the registration of a trademark in the UAE:

• Registration request
• Certificate of Incorporation
• Applicant’s Ids (Passports are mandatory in case of a foreign national)
• Goods/Services for which the trademark is sought
• Certified copy of the priority document
• Soft copy of the trademark (Black &White and Coloured)
• Power of Attorney^[1]
• Trade License
• Other attachments

The documents to be submitted in UAE for registration purposes must be submitted in both English and Arabic.

Eligibility for trademark registration in UAE

The following entities are eligible for trademark registration in UAE:

1. Citizens of UAE and natural and artificial humans working in technology, economy or service related fields.
2. Foreigners and natural and artificial humans work in technology, economy or service related fields.
3. Foreigners, both artificial and natural, working in the fields of technology, economy or service related in another country on the premise of reciprocity.

Procedure of trademark registration in UAE

The following procedure should be followed for the registration of a trademark in the UAE:

1. Submission of the application

As mentioned before, the Ministry of Economy regulates issuing of trademarks in the UAE. Therefore, the applicant must submit the application form for trademark registration with the Ministry of Economy’s website.

2. Application request referred to the concerned department

On submission of the application form, the request is transferred to the concerned department, and the applicant is notified of the decision within 30 days from submitting the application.

3. Publication in the newspapers 

Once the concerned department has accepted the application, the applicant publishes an announcement in at least two local Arabic newspapers for at least one day. The applicant himself shall bear the expense of such publication.  

4. Publication in the trademark’s bulletin  

Soon after publication in the newspapers, a publication is also made in the trademark bulletin, which is issued at the end of every month. 

5. Period of Objection

The authority provides a window of 30 days for filing any objection related to the advertised trademark. The concerned individual can object to the design or any other aspect of the trademark submitted for registration.

6. Registration of the trademark   

The trademark can be registered within 30 days once the objection period has lapsed. After the objection period offered by the authority is lapsed, the trademark is registered within 30 days by the authority.

7. Fines in case of delay   

Fees to be paid in case of delay in payment of trademark publication: the minimum late fee that can be levied is AED 100, and the maximum fee is AED 1000 annually.

Fees to be paid in case of delay in payment of trademark registration fee: the minimum late fee that can be levied is AED 1000 and the maximum fee is AED 10000 annually.

How long is the procedure for registration of a trademark in the UAE?

The turnaround time for registering a Trademark in the UAE is 4-6 months from filing to obtaining registration.

Validity of trademark in UAE

A trademark registered in UAE is valid for 10 years from the date of registration. On the expiry of the validity period, the trademark must be renewed to enjoy legal protection. It is essential to note that trademark protection is available only in the seven emirates UAE and is not valid elsewhere.

Who is the competent authority to register trademarks in UAE?

The Ministry of Economy, United Arab Emirates, is the authority that has the power to register, renew, and reject trademarks in the United Arab Emirates.

What is the fee for trademark registration in the UAE?

• The fee for trademark registration in UAE is AED 5000.
• The fee for filing the trademark application in the UAE is AED 750.
• The fee for publication in the trademark journal in UAE is AED 750.

It must be noted that the abovementioned fee is with respect to registration in one class of registration only, and for further registration in multiple classes, the fee increases accordingly.

Renewal of trademark registration in UAE

The fee for trademark registration renewal in the UAE is AED 5750. The documents required for the renewal of trademark registration are the same as mentioned above. The authority provides 3 months to the entities to file for renewal, afterwards, a late feed is levied on the trademark owners.

The process of renewal of trademark in UAE is as follows:

1. Submit the application to the Ministry of Economy, UAE.
2. The application is then referred to the concerned department for their approval post which the applicant is notified about the decision of the department.
3. The applicant is supposed to make the prescribed fee, following which the applicant is supposed to publish an announcement in the two local Arabic newspapers at the applicant’s own expense. This publication is done only for a day.
4. The scanned copy of the local publication is uploaded and attached the same to the online application and obtain the renewal certificate.
5. Publish it in the trademark bulletin.

Conclusion 

The trademark registration in UAE can be obtained for goods in classes from 1-34 and services in classes from 35-45 according to the NICE classification. The applicant should be careful with the local laws and classification before making the application; otherwise, the application fee will be forfeited if the applicant files improperly. To know more about the intricacies related to the protection of your intellectual property in UAE, ask for consultation offered by UAE IP experts at Enterslice.

Read our Article: How to Apply for Trademark Registration in India?