A trademark is a unique name, logo, or symbol that identifies a company’s goods or services, protecting its brand from misuse and ensuring legal rights. Both UAE nationals and foreign businesses can register trademarks, securing exclusive rights across the UAE under Federal Law No. 37 of 1992. This law ensures exclusive rights to use the registered trademark across the United Arab Emirates (UAE).
What is a Trademark?
Trademark Class System in UAE
When registering a trademark in the UAE, it’s crucial to understand the Nice Classification system, which divides trademarks into 45 classes:
Trademark Registration Process in UAE
Registering a trademark in the UAE involves several key steps to ensure that your brand is legally protected. Here’s a breakdown of the process:
Conduct a Trademark Search
Before submitting your application, it’s essential to perform a trademark search to ensure that the desired trademark (name, logo, symbol, etc.) is not already in use by another business in the UAE. This reduces the risk of rejection and ensures uniqueness.
Filing the Trademark Application
Once your trademark is confirmed as available, you can submit your trademark application through the UAE Ministry of Economy’s e-Services portal. The application requires specific documents and information.
Examination by the Ministry of Economy
After submission, the Ministry of Economy will review the application to verify that the trademark complies with UAE trademark law and is sufficiently distinct. The examination process typically takes around 30 days.
Publication and Opposition Period
Once approved, the trademark will be published in two local Arabic-language newspapers. The 30-day opposition period allows the public to raise any objections. If no objections are filed, the application proceeds to the next step. If objections are raised, they must be addressed and resolved.
Payment of Final Registration Fees
After the opposition period has passed without objections, or once they are resolved, you will need to pay the official fee within 30 days. This secures the issuance of your trademark certificate.
Issuance of the Trademark Registration Certificate
Upon completing the required payments, the Ministry of Economy will issue the Trademark Registration Certificate, which provides protection for 10 years. The certificate confirms your exclusive rights to use the trademark within the UAE.
Documents Required for Trademark Registration
- 1. Trademark representation (logo or sign in PDF or JPG format)
- 2. Copy of trade license (for businesses)
- 3. Power of attorney, if applicable
- 4. Passport or ID copy of the authorized signatory
- 5. List of goods or services the trademark will cover
- 6. Priority document (if claiming priority rights)
Benefits of Trademark Registration in the UAE
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What Can and Cannot Be Registered as a Trademark in the UAE
In the UAE, knowing which signs qualify for trademark registration is crucial to avoid rejections and delays.
What Can Be Registered
A trademark can include any distinctive sign that uniquely identifies the goods or services offered by your business. Common examples of registrable trademarks include:
- Brand names or business names that are original and not descriptive of the products or services.
- Logos and symbols used in advertising or on packaging.
- Slogans, provided they are unique and not generic.
- Words, signatures, letters, and numbers that are used in a distinct way to represent your brand.
- Three-dimensional shapes, colors, and even sounds can be trademarked if they are directly associated with your brand and are distinctive.
What Cannot Be Registered
To ensure compliance with UAE laws and prevent public or legal disputes, certain types of marks cannot be registered. These include:
- Public symbols, such as national flags, emblems, or insignia belonging to governmental or international organizations like the Red Cross or Red Crescent.
- Marks that violate public morals or religious beliefs, including symbols or words deemed offensive or inappropriate in the UAE’s cultural context.
- Geographical names that might mislead the public regarding the origin of the product or service.
- Well-known trademarks that already have recognition, even if translated into another language, are not eligible for registration.
- Personal names, titles, or images of others without prior consent.
Trademark Renewal Process
Once your trademark’s 10-year validity expires, it must be renewed to maintain legal protection.
Initiate the Renewal Application:
Submit the renewal application via the UAE Ministry of Economy e-Services portal before the trademark expires.
Required Documents:
- A copy of the Trademark Registration Certificate.
- Power of Attorney (if applicable).
Pay the Renewal Fees:
The renewal fee is approx. AED 5,750. This must be paid to extend the protection of your trademark for another 10 years.
Publication in Local Newspapers:
Similar to the initial registration, the trademark renewal will be published in two local newspapers. Any objections must be resolved before the renewal is finalized.
Approval and Issuance of Renewal Certificate:
Once all steps are completed and no objections are raised, a Trademark Renewal Certificate will be issued, confirming protection for another 10 years.
Cost Breakdown for Trademark Registration in the UAE
Here's a detailed breakdown of the fees and potential costs involved in registering a trademark in the UAE:
| Step | Description | Cost (AED) |
|---|---|---|
| Filing Fees | Fee for submitting the trademark registration application. | AED 750 |
| Examination Fees | The Ministry of Economy’s fees for reviewing the application. | AED 1,500 |
| Publication in Trademark Journal | Mandatory publication in the official journal. | AED 1,500 |
| Publication in Local Newspapers | Publication in two local Arabic-language newspapers (cost varies). | AED 1,000 – 2,000 (approx.) |
| Final Registration Fees | Issuance of the trademark registration certificate after approval. | AED 5,000 (approx.) |
| Trademark Registration Total | Total cost for registering a trademark in one class. | AED 7,250 – 11,000 (approx.) |
| Trademark Renewal Fees | Required every 10 years to maintain trademark registration. | AED 5,750 |
| Late Renewal Penalty | Penalty for late renewal after the 10-year validity period expires (per month). | AED 1,000 |
| Trademark Cancellation Fees | Fee for canceling a registered trademark. | AED 1,500 (approx.) |
Additional Costs:
- Legal & Consultancy Fees: Fees for legal services or consultants may vary but typically start at AED 1,000 – 5,000, depending on the complexity.
- Translation Fees: If documents need to be translated into Arabic, expect to pay an additional AED 300 – 1,000, depending on the service provider.
Trademark Registration in Dubai
How Riz & Mona Consultancy Can Help?
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We are here to provide comprehensive support for your Trademark Registration, from preparing your documents to completing the process. Connect with us now to begin your journey with a FREE consultation!
FAQS
Can I register my own name as a trademark in the UAE?
Yes, personal names can be registered as UAE trademarks if they meet distinctiveness criteria and are not misleading.
How can I register my trademark globally for international protection?
You can apply through the Madrid Protocol, which allows for international trademark registration across multiple countries.
What happens if my trademark expires, and do I get any grace period for renewal?
Yes, there’s a 3-month grace period after expiration, but late renewal incurs a penalty of AED 1,000 per month.
Can a trademark application be opposed in the UAE, and who can file an opposition?
Yes, any third party can file an opposition within 30 days of publication if they believe the trademark infringes on their rights.
Is trademark registration mandatory in the UAE?
No, but it’s strongly recommended to protect your brand from unauthorized use and counterfeiting.
Is pre-filing use of a trademark beneficial in the UAE?
Pre-filing use doesn’t guarantee rights, but it can support your application if disputes arise.