The United Arab Emirates has always been the most friendly trading partner all over the world. Many multinational brands were able to flourish in this Arab land owing to its pro-business processes and laws. Moreover, UAE’s world-class business infrastructure and trading facilities attract investors and entrepreneurs from across the globe to move to the country to start their own companies. This, thus, has led to more competition in the market. In such competition and rush, there are high chances of forgery and fraud that can impact consumer trust in the brand. Therefore, the UAE government has initiated trademark registration to safeguard the authenticity of brands in the market. Trade mark registration Dubai protects the company’s interest and identifies the brand in the market among its competitors.
Today, this blog will share some information on how to accomplish trade mark registration UAE and what are the important aspects of this process.
Trade Mark Registration Dubai
According to UAE Federal Law No. 37 of 1992, a trademark is basically a distinctive element used to identify goods or services provided by a specific company. It can be a brand name, logo, symbol, words, signature, letter, inscription, drawing image, graphic, or advertisement. Trade mark registration Dubai helps distinguish a set of products, and services in the market as either belonging to a certain owner or coming from a certain source.
Trade mark registration UAE is very important as it protects your brand as well as ensures that no other companies copy or imitate your trademark. It also gives an exclusive right to the owner to use it while recognizing products and services in the market. Besides, trademarks are an effective marketing tool for new entrepreneurs or businessmen to announce their presence. Additionally, it helps the company to establish itself as a trustworthy corporation.
The UAE’s Ministry of Economy is the official authority that deals with and governs the processes related to trademarks such as registration, renewal, and cancellation. Hence, in case of any violation of your trademark, you can take legal action against the alleged party.
Process of trade mark registration Dubai
The process of registering a trademark in Dubai is very simple and straightforward. All you have to do is –
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Verification of trademark
Before setting out for trademark registration, the owner must make sure that the chosen logo/name/symbol is available and has not already been registered by any other firm or individual. Hence, trademark verification is very important before registration.
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Application and document submission
Once the verification is complete, the owner must fill in an online application for trademark registration and submit it along with some required documents to the Ministry of Economy. The documents may include –
- Copy of trademark
- Trade license
- Valid passport copy
- Power of attorney
- Priority Document
- List of Goods and Services
There might be a requirement for other documents as well, depending upon the case.
Also read the post: Setting Up a Limited Liability Company in Dubai, UAE
Once you submit the application and the documents, you need to pay the required amount of fee to complete the registration process. Later, the Ministry of the economy will review the application and examine the trademark to check for any violations. Based on the examination, they can either approve the trademark application or reject it.
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Publication of the trademark registration
In case the Ministry approves the trademark, they announce it in the bulletin. In addition, the applicant must also publish it in two local Arabic newspapers. This is done to check if there is any objection against the registered trademark. If yes, then the authorities will re-examine the whole application and later accept or reject it accordingly.
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Issuing certificate
If there are no objections raised after the publication, then the Ministry issues a certificate of trademark registration in Dubai. The certificate is valid for ten years. Once the validity expires, the business owner has to complete the registration process again to get the registration for another ten years of tenure.
Benefits of trade mark registration Dubai
A trademark is indeed an important feature of a business as it enables its products to stand out from its competitors. Besides, it has many other benefits, such as –
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Security –
A registered trademark in UAE provides security to the business. Moreover, the company owner can use it to get loans from the banks as well.
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Independent existence –
A company with a registered trademark can enjoy all the benefits from the sale of its products and services in the market, as compared to the businesses with an unregistered trademark.
When the business owner registers a trademark in UAE, only he holds the authority to use it in the market. They can use it to protect the goods and services of their business. This particular step, hence, stops the unauthorized and fraudulent trade of the goods in the market.
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Transferability –
The trademark in Dubai, UAE is transferable from one entity to the other. Hence, the companies can also profit from the transfer of their trademark.
Limitations of trade mark registration UAE
Although trademark registration is a significant step that every operating business in the UAE must take, there are certain limitations to consider while taking this step. These restrictions are obligatory while registering a trademark in Dubai, UAE.
- There must be no violations of public morals and religions.
- Avoid using public symbols such as flags, Red Cross, Red Crescent, etc.
- The owner must not use the names or titles of third parties.
- The trademark must not be direct translations of other well-known trademarks.
- Avoid using marks that are not distinctive.
- There must be no emblems and logos of a similar nature.
- Avoid using geographic names as it may cause misunderstanding as to the origin of a product or service.
- The company must not use National Medals, International Medals, Banknotes, or coins as its trademark symbol or logo.
Who can apply for trademark registration in UAE?
The following are eligible to register a trademark in Dubai, which is also applicable all over the UAE –
- Individuals (both UAE and non-UAE citizens)
- Companies (both domestic and foreign)
- Partnership firms
- Trade unions
- Other legal entities
Key points to remember :
- The whole process of trademark registration and certification takes almost five to six months to complete.
- The applicant while registering the trademark cannot choose one particular emirate only. Trademark registration in the UAE covers all the major Emirates of the country, including Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah, and Umm Al-Quwain.
- If the authorized Ministry rejects the registration application, the applicant may file an appeal within 30 days from the official notification date. If not, the application would be considered withdrawn.
- The UAE law protects every trademark in the country. Hence, any individual or company that violates trademark laws will have to face severe punishments. These violations may include copying any registered trademark to mislead the public; earning profits by using another company’s trademark without its legal permission; promoting fake copies and goods of a registered trademark to tarnish the reputation of a brand.
- The trademark certificate is valid for 10 years and the owner must file a renewal application within the last year of the period.
Collaborate with Shuraa!
The personal business advisors at Shuraa Business Setup are specialized in all the legal requirements related to trade mark registration Dubai, UAE. With the expertise and deep understanding of the UAE’s legal system, the Shuraa team can help you get through the whole process effortlessly as well as ensure a positive result.
For more information, drop us your request at info@shuraa.com or give us a call at +971 44081900. You can also schedule a complimentary consultation with us through WhatsApp at +971 50 777 5554.