One of India’s friendliest trading partners in history has been the United Arab Emirates. Due to the nation’s straightforward and supportive commercial transaction processes, several corporations and their brands have been able to thrive there. As more investors and businesspeople from across the world settle in the nation to establish their own businesses, the market has become more competitive. Some businesses might even discover that someone is using their brand name or emblem without their consent, which could have an effect on their bottom line. This is where registering a Trademark in the UAE can be useful. In this blog, we will discuss the process for Trademark Registration in the UAE.
By formally registering your trademark, which might be a name or a symbol, your company is protected in the UAE. You will also be recognised by the law as the owner of the products and services using that trademark.
What is a Trademark?
Trademarks are names, symbols, or logos that are used to identify the goods or services that a specific company offers. A trademark can be anything that identifies a group of products, goods, and services as originating from a certain owner or source, including names, words, signatures, letters, symbols, drawings, figures, inscriptions, images, or advertisements.
The official body in charge of overseeing trademark registration, renewal, and cancellation in the United Arab Emirates is the Ministry of Economy.
What are the Trademark Restrictions?
When registering trademarks in the UAE, there are some restrictions to be careful of. The following are the restrictions: –
- It should not have any visible symbols (such as flags)
- It should not be disrespectful to public morals and religions.
- Red Cross and Red Crescent symbols are not permitted to be used.
- Third-party names or titles are prohibited,
- Direct translations of other well-known trademarks are also prohibited.
- There can be additional restrictions imposed by law.
Stages in Trademark Application
- Formal Examination – The initial examination stage known as the formal examination makes sure that the applications meet the specifications set out.
- Substantive Examination – The application process’s important substantive evaluation determines whether the trademark is substantively registrable.
- Trademark announcement – Your trademark must be announced in the official journal, two local newspapers, and the official journal.
Essential Documents Required for theTrademark Registration in the UAE
The following crucial documents are required for Trademark Registration in the UAE:
- The business description;
- The incorporation certificate;
- The applicant’s identity proofs;
- The power of attorney;
- The trademark/logo image in soft copies (colour or black and white);
- The certificate of trademark registration, if registered in another country;
- The translation of the trademark’s words;
- Other documents specific to the application.
Procedure for Trademark Registration in the UAE
Although very easy, the process of Trademark Registration in the UAE must be completed correctly. You must do the following actions in order to register your trademark in the UAE:
1. Ensure that the trademark is not already registered
Checking to see if the brand is already being used by another entity is the first stage in the process of Trademark Registration in the UAE. You will not be able to register a trademark if someone else is already using it. To achieve this. The next step of trademark registration in the UAE might be taken once you are certain the trademark is not currently in use.
2. Filling out online application for Trademark registration
Filling out the online application form on the Ministry of Economy’s website, which is the recognised body in charge of overseeing trademark applications, complete the application form and upload the necessary files.
The necessary document for trademark registration in the UAE are:
- Trademark Logo;
- Copy of Trade Licence;
- Power of Attorney (PoA);
- Passport Copy;
- Priority Document;
- List of Goods & Services to be protected.
Once the necessary documents have been uploaded, you can proceed with submission of the application.
3. Pay the trademark registration fees
You must pay the necessary fees to register your trademark in the UAE, after the application has been submitted. Any possible legal and translation costs are not included in the cost of trademark registration in the UAE. Through the Ministry of Economy website, applicants can pay the fee for trademark registration in the United Arab Emirates.
4. Timelines for Processing Trademark Application in Dubai
(i). The Ministry of Economy usually requires 30 days to decide whether to approve an application or not.
(ii). The Ministry of Economy bulletin will declare the application’s approval. In addition, the applicant must pay for the publication of two newspapers.
(iii). The government gives a window of 30 days for objections to be lodged regarding the registrations and 15 more days to provide clarifications on the issues brought up.
5. Publication of the notice in two local Arabic-language newspapers
Following the approval of your application for trademark registration in the UAE, you must publish a notice of your trademark in two local newspapers and the official journal. To have the Ministry of Economy register your trademark in the official trademark journal on your behalf, you must pay AED 1,000. The trademark notification must also be published in two local Arabic-language periodicals, for which there is an additional price that applicants must pay.
Few local newspapers to publish the announcement of your trademark are: Al Watan, Al Bayan, Al Fajr, Al Ittihad, Al Khaleej, Al Wahda
6. Receive the trademark registration certificate
The Ministry of Economy will then give you a Registration Certificate for your trademark in the UAE if there has not been any opposition to it during that time frame. Important information on the certificate will contain the trademark’s registration number, trade name, owner name, the trademark itself, and a list of the products and services it covers.
Trademark validity in the UAE
A trademark registered in the UAE is valid for 10 years before needing to be renewed.
How to Renew your Trademark Registration in the UAE?
You have three months from the date of expiration after a trademark registration’s validity has ended to renew the registration. However, you will be fined AED 1,000 for every month you put off renewing your trademark in the United Arab Emirates.
In the United Arab Emirates, the trademark renewal procedure is the same as the registration procedure. You must include a copy of the previous registration certificate together with the application form. Your trademark registration will be renewed 30 days after paying the renewal price.
After submitting your application for Trademark Registration, you will need to pay the renewal fee.
After going through the entire trademark registration process, it is evident that registering your brand is vital or necessary since you can gain countless advantages in the form of rights, and no third party can infringe upon your trademark or economically exploit your goods or services. A registered trademark gives the owner an exclusive right and distinguishes the product from comparable products created by other businesses.
A trademark protects a brand over the long run and serves as the owner’s intangible asset. Such words, symbols, and slogans may only be used by the owner of a trademark. In a market like the UAE, a brand must be protected and maintained. Therefore, it is crucial to get a trademark registration in UAE, if not out of requirement, then at least out of necessity.
Read Our Article: Process To Register A Logo Trademark In India – An Overview