Provisions in the trademark laws of the UAE aim to safeguard the interest of both the customers and the company, and the process is quite straightforward.
The United Arab Emirates has traditionally been one of India’s friendliest trading partners. Many multinationals and their brands have been able to flourish in the country owing to its simple and enabling business transaction processes. Moreover, UAE is a monarchy consisting of seven distinct states – Abu Dhabi (which serves as the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah, and Umm Al Quwain.
In this post, we highlight how you can obtain Foreign Trademark Registration in UAE with a specific focus on Dubai.
Trademarks Law in the UAE
The federal laws of the United Arab Emirates protect any trademark registered within the country. If you are looking for how to apply for a trademark in Dubai, you can do it by the Trademark Register Laws in UAE, these provisions aim to safeguard the interest of both the customers and the company.
Limitations of Trademark Registration in the UAE
While trademark registration in UAE provides valuable protection, it does have limitations, including potential challenges in enforcing rights across all emirates and the need for vigilant monitoring to combat unauthorized usage.
- It shouldn’t be offensive against public morals and religions
- It should not contain public symbols (such as flags)
- Symbols such as for Red Cross and Red Crescent cannot be used
- Names or titles of third parties cannot be used
- Direct translations of other well-known trademarks are also not allowed
- There may be additional limitations prescribed by law
The first thing a brand/company must do before beginning the registration process is to ensure that their mark is unique. It’s important to ensure that the trademark is not already in use by any other brand. The exclusivity clause related to trademark registration doesn’t allow another application for the same trademark. The registration process must be taken up only when you are sure that the trademark applied by you is a fresh one. Moreover, several online tools help you cross-check the existing trademarks.
Applying for Trademark Registration in Dubai
The applications for trademarks in Dubai are made to the office of the Ministry of Economy. Registering a trademark offers benefits such as distinguishing your brand from other competitors. It also helps in maximizing the value of the business. A trademark also serves as a marketing tool to grow your business while also protecting your business in the UAE. A business owner can also contact the Ministry of Economy at 800-1222.
On the Ministry’s website, the application procedure follows these steps
- Visit the homepage and select “services”
- Click on ‘e-services’ in the drop-down
- Select ‘trademarks’
- Then click on “global trademark registration”
- Go to “new applications”
Timelines for Processing Trademark Applications in Dubai
- It usually takes the Ministry of Economy 30 days to decide if the application has approval or not.
- On approval of the application, it will be notified in the Ministry of Economy bulletin. Moreover, two newspaper publications have to be at the expense of the applicant.
- For objections to be raised on the registrations, the ministry provides a window of 30 days. An additional 15 days to submit clarifications on the objections raised.
Documents Required for Trademark Registration in Dubai
The documents required for trademark registration in UAE are as follows:
- Incorporation certificate
- Applicant identity proofs
- Power of attorney
- Business description
- Priority document
- Classification as per norms as per the Trademark Register Laws of UAE
- The image of trademark/logo in soft copies (colour – black and white )
- If registered in another country, the certificate of trademark registration
- Translation of words in the trademark
- Other documents unique to the application
Application Fee for Trademark Registration in Dubai
The application fee for trademark registration in UAE varies depending on the number of classes and the mode of application,
- For registration, applicants pay a fee. The application fee doesn’t include publication costs
- Under a ‘class’ system in the UAE, they register the trademark. Each trademark class covers different products and services
- Likewise, there are 45 international classes and it is possible to register a trademark in 44 classes in the UAE
- A separate application is necessary for trademark registration in each class.
Stages in Application Processing
- Formal Examination is a primary examination period that ensures that the applications conform to the requirements laid out.
- Substantive examination is a crucial stage of the application process examining whether the trademark is substantively registrable.
- Trademark amendment and renewal: At this stage, applicants may ask for an amendment and renewal.
- Trademark announcement: It is necessary to publish in the official trademark gazette and announcement of your trademark in the official journal and two local newspapers.
How Long is a Trademark Valid in Dubai?
Trademarks in Dubai have a validity of 10 years from the date of application. The applicant has to renew the trademark after that for another period of ten years. Further, this registration only protects the trademark in the seven emirates of the UAE, and not anywhere else in the world.
Trademark Renewal in Dubai
After a trademark registration’s validity is over, you will have three months from the date of expiry to renew the registration. However, for each month that you delay the trademark renewal in the UAE, you will need to pay AED 1,000 as a fine.
