Requirements & Restrictions of Registration of Trademark in UAE

Trademark registration in the UAE is an important step for businesses. It helps to protect their brand identity and intellectual property rights in the current modest market. UAE is known for its stable political environment and supportive business strategies that make it a superlative choice for companies to maintain a competitive edge and defend against illegal use by others. A trademark is a name, word, sign, letter, symbol, portrayal, figure, caption, picture, or poster that is used to classify a group of items, services, and goods that belong to the specific owner. In this article, we will see the Requirements and Restrictions for Registration of Trademarks in UAE.

Who is eligible to register for a Trademark in the UAE?

As per Federal Law No. 37 of 1992 of the UAE, any person or business in the UAE desiring to differentiate their goods or services through a trademark has a right to register a claim with the government authorities in order to guard their identity or other goods or services. Certain persons must work in any financial, technical, technical, or service sectors are eligible to register for a Trademark in the UAE such as;

  • Natural and artificial persons
  • Foreign residents and natural and artificial persons
  • Foreigners and natural and artificial persons

What are the requirements to get registered your trademark in the UAE?

Here are some requirements to register a trademark in the UAE such as;

1)      Individuality

The primary and core requirement is your trademark must be a unique identifier, immediately identifiable by consumers. It must be definitely linked to your brand. It can’t be just descriptive of your goods or services. General terms or common descriptions are not allowed to be used as a trademark in the UAE.

2)      Compliance

The next requirement is to stay compliant with all trademark rules and regulations. It is mandatory in the UAE to be in the line of law. Your preferred trademark must not violate any rules or public order in the country.

3)      Right Use and Renewal

Trademark registration is not just full protection. The trademark law in the UAE demands you to follow some more obligations such as;

  • Actively use your registered trademark within an explicit period (3 years) to uphold its legitimacy
  • Non-use of a trademark can lead to cancellation of your registration.

It is important to integrate your trademark into your marketing strategy. Ensure to label your trademark on goods, marketing materials, and promotion.

What are the Restrictions on Registration of Trademarks in the UAE?

There are restrictions while applying for trademark registration in the UAE. According to the UAE trademark laws, a trademark must not include forbidden content such as;

  • Violations of community ethics and beliefs.
  • Signs in the public eye such as flags
  • Red Cross and Red Arced symbols
  • Third-party terms and labels
  • Other renowned trademarks decoded

It is highly recommended that make sure to avoid the above factors during selecting a trademark for your business before filing for trademark registration in the UAE.

What are the required documents to register a trademark in the UAE?

The required documents to register a trademark in the UAE are;

  • Trade License Copy to proof of your legal business operations in the UAE
  • Power of Attorney only for Foreign Companies that authenticate and show legitimate documents to handle the registration process on your behalf
  • Digital Trademark Logo of High-resolution digital file
  • Complete List of Goods and Services related to your trademark
  • Copy of Passport of the Candidate
  • Contact information of the Applicant
  • Copy of Trade License in the Event of Corporate Application
  • A certified Translation of the Trademark may be required for clarity

It is important to note that some other application-specific documents may requested by the Ministry of Economy depending on your exceptional conditions.

What is the process for trademark registration in the UAE?

The simple steps for trademark registration in the UAE are;

  1. Conduct a comprehensive search for the trademark
  2. Gather all the required and essential documents
  3. Get prepared for the application and fill in the required fields
  4. Submit the application
  5. Pay the required fees
  6. The evaluation takes place for your application
  7. Public the tradding
  8. Opposition within 30 days
  9. Get trademark registered certificate

Conclusion

Undergoing stealing can leave anyone feeling defenseless and unprotected. It arises to take prompt actions to strengthen individual protection. However, many companies remain unable to protect intellectual property. To protect your brand identity and originations against illegal use, trademark registration is fundamental even beyond the UAE. This legal measure ranges shield across your goods or services and trademarks that guarantees your intellectual creations are protected and that all fair profits are yours. To conduct the registration phase successfully, it is essential to get guidance from experts such as FAR Consulting Middle East. Their proficient team is already ready to help businesses overcome the complexities.

Umar Farooq

Writer & Blogger

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