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Trademark Registration in United Arab Emirates

Why do you need a Trademark Registration in Dubai?

To protect your business identity and brand, a company should always begin with registering their trademark. This way, no other company would be able to sell their products or services under their name and thus, you will prevent probable misbranding.

IMC Group will help you in expediting the registration process of your brand’s trademark with the following easy steps:

  1. Trademark Comprehensive Study: In this step, a trademark search report is prepared with an Attorney’s evaluation regarding registration possibilities. Though making reports is optional, we highly recommend it.
  2. Trademark Registration Request: Our renowned Trademark Attorneys would file your trademark application in the Trademark Office and then do all the processing work too.
  3. Trademark Registration Certificate: After the trademark gets an approval for registration, our team will get and then send the registration certificate to your address.

If you need only one or two things mentioned above, then these steps could be requested on an individual basis as per your needs.

Services of Trademark Registration in Dubai

If you need to register your brand’s trademark, it is very important to hire an experienced lawyer or a consultant who provides services in this field and can advise you in the end-to-end process of trademark registration in Dubai. It is imperative to understand the laws and regulations related to trademark as this is a legal subject and therefore, it should be dealt with all the seriousness. A company cannot have their intellectual property as a registered trademark without getting it verified that it’s an original concept and is not a copy of some other company or brand because trademark infringement is a crucial matter. For UAE trademark registration, one should search or design a trademark you like before forwarding the application to the concerned trademark registration officials in Dubai.

 

Trademark Services

We provide trademark registration services in over 10 countries and our trademark registration and protection services are well-managed by our Trademark Attorneys, offering timely delivery and personalized consultation. For trademark registration in Dubai or UAE trademark registration, contact us and we will take care of your specific requirements.

What is the validity of UAE Trademark Registration?

In the UAE, any trademark that is registered is legally protected for 10 years beginning from the date it is officially registered. After the period of 10 years is over, and you wish to extend it further so that it can be kept operational, you will need to pay an additional official fee to the UAE Ministry of Economy.

In case you do not renew as soon as possible, there is nothing to worry as you are given a grace period of about three months. Please also note that any interested party can request to cancel a registered trademark in case the trademark in question has not been used in the UAE for almost five consecutive years beginning from the date it was registered.

Management of Trademarks

Not only registration, it is important to handle your trademark portfolio and keep all the trademark information in a centralized manner so that it is handy. We have an Online Trademark Interface that displays a listing of all our client’s trademarks in addition to all the needed information related to every trademark, for example, the filing number, date on which it was filed and the registration number. Our system interface also helps in sending reminders to the clients on the important dates like renewal dates, statements of use, etc.

Trademark Renewals

Managing trademark renewals is very important, especially if it’s a portfolio of international trademarks. However, the renewal process is usually quite time-consuming and complex, specifically in jurisdictions that are more isolated.

Our expert and designated Account Manager will handle your trademark renewals efficiently by helping you process them on time. This Account Manager is also responsible to keep track of every trademark and then accordingly inform them about the renewal deadline and the amount of fee payable through email notifications.

IP Recordal Process

In case a company acquires Intellectual Property (IP), then the trademark needs to be recorded in the owner’s accurate name and address at the applicable trademark registries. We at IMC Group, take ownership of recording of your trademark assignments, name or address change in all the jurisdictions, and mergers.

Other Trademark Legal Services

We also offer a wide range of legal services related to trademarks in all available jurisdictions such as:

 

  • Sending a response to official actions
  • Making and sending the Cease and Desist letters
  • Filling the Statements of Use
  • Handling the Trademark Defenses

Trademark Watch Service

We offer a Trademark Watch Service in which we provide a revision service of all the recently published trademarks periodically. This revision deals with any verbal or graphical elements, similarities on a phonetic level, local dialects or any graphic elements, which could be similar to some trademark and could pose a risk to its value.

The Process of Trademark Registration

A trademark attorney typically processes your trademark registration in Dubai or UAE by performing these three simple steps:

  1. A Comprehensive Study of Trademarks:
    Prior to filing for your trademark or UAE trademark registration, it is advised to evaluate the probable obstacles that could come during the registration process. The Trademark Comprehensive Study helps in listing almost similar (graphically/phonetically) trademarks that could be conflicting with the one you have chosen, and it also provides you with the attorney’s advice about possibilities of registration.
    What is a Trademark Comprehensive Study?
    • A trademark search report along with the study of registration possibilities
    • Avoiding any legal objections that could happen during registration
    • Getting recommendations of expert trademark attorneys
  1. Request for Trademark Registration:
    A trademark attorney is required to file and perform all the necessary tasks related to the trademark application in the Trademark Office of that jurisdiction to get the approval for registration. When your trademark application is filed, a filing report is sent to the client including the application number, date of filing, and a scanned copy of the trademark that is filed in the application.
    The Process of Trademark Registration Request:
    • The application is typically filed by a trademark attorney.
    • The client gets a scanned copy of the trademark application along with a filing report.
    • The client can view the updates of the registration process online from our website.
  1. Trademark Registration Certificate:
    After the trademark application gets the due approval by the Trademark Office, our attorneys carry on all the required tasks so as to get the registration certificate in UAE. After obtaining the certificate, it is sent to your postal address with a registration report that specifies details such as the registration number, date of registering and any other special point that should be taken into consideration in UAE.
    How can a Trademark Registration Certificate be obtained?
    • The registration certificate is given after the approval of the application.
    • It comes with a registration report, which has a trademark number and date.
    • We would remind you of any important dates, such as trademark renewal, periodically.

1. What types of trademarks can be registered in UAE?

  • Words
  • Names
  • Devices
  • Sounds
  • Colours
  • Certain three-dimensional shapes
  • Motion
  • Holograms
  • Trade dress
  • Slogans
  • Collective marks
  • Well-known or popular marks
  • Service marks
  • Certification marks

 

2. What all phases does an application go through after a trademark is filed in United Arab Emirates?

The order or all phases of an application process are as follows:

  1. Examination of certain details such as:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with earlier registration
  2. Publication of the application details such as:
    • mark
    • applicant’s name
    • applicant’s address
    • application number
    • application date
    • goods or services
    • priority claim information
    • representation of trademark
  3. Registration of trademark

 

3. Should I file my trademark in local characters?

Yes, we recommend that you must register your trademark in local characters so that you get a broader and stronger protection in the UAE. In case you register the trademark just in its original version, that is, Latin characters, then the protection will not always cover or fully protect its corresponding in the local language. In this case, a third party is permitted to use or even go for registration of the same trademark (or something very similar) in local characters.

Besides the legal advantages, the use and registration of your trademark into local characters will definitely have financial benefits. The residents of the United Arab Emirates would recognize your product and brand easily only if they can read and pronounce the mark correctly.

Therefore, you must register your brand’s trademark in the original version and local translation, as that would provide much wider protection from any probable infringements.

 

4. What is the time frame for approval of trademark registration?

The typical average time frame for approval of registration is about 10 months, in case no one raises any objections or oppositions.

 

5. If my trademark is registered in UAE, will I have protection in other territories too?

The limit of territories of registration in the UAE includes the seven emirates of:

  • Abu Dhabi
  • Ajman
  • Dubai
  • Fujairah
  • Ras al-Khaimah
  • Sharjah
  • Umm al-Quwain

 

6. Is it mandatory to sign a Power of Attorney?

Yes, you would need to sign a power of attorney.

 

7. Is there any advantage from a pre-filing use of the brand’s trademark?

There is negligible advantage for pre-filing use as the trademark rights are mostly established through registration.

 

8. Will it be a problem if I don’t use my trademark after registering it?

Yes, attack on the premise of non-use is available.

 

9. What types of trademarks cannot be registered?

The following trademarks cannot be registered:

  • Marks that are contrary to general moral standards or public order
  • Some generic terms
  • Names, nations, flags or specific symbols of states or regions, or of global organizations (exception is if you have sought a permission)
  • Marks conflicting with Islamic basic principles or the Shari’ah law
  • Marks that do not have any distinguishing characteristic
  • Marks that work chiefly as geographic place names
  • Symbols of the Red Crescent/Red Cross and all other such symbols
  • Names, flags or other symbols signifying nations, states or regions, or representing organizations or institutions (only exception is with the organization’s permission)
  • Marks representing symbols of some religious practice
  • Names, portraits, titles, or emblems representing some person (only except with their prior permission or consent of their heirs)
  • Marks containing geographical names
  • Marks that could be misleading for the public or such marks which have some false information
  • Information related to a rank of honour for which the individual who is applying for registration would not be able to prove his/her eligibility
  • Marks that look like translation of some renowned mark or some other earlier registered mark
  • Marks including local or international coins, currency or medals
  • Marks which when registered for some specific categories of products/services will end up reducing the value of some other products/services which are distinguished by this mark
  • Marks possessed by natural/corporate individuals with whom business transactions are not permitted
  • Marks that contain words or terms such as:
  • “franchise”
  • “franchise holder”
  • “registered”
  • “registered design”
  • “copyright”
  • “imitation will be considered as a forgery”
  • or any same words/terms

 

10. Is UAE using the “Nice Classification” system?

No, the Nice Classification System is not used specifically in UAE; it is only used as a general guide.

 

11. Is the Community Trademark applicable for UAE?

The European Union Trademark registration, which was earlier called Community Trademark Registration, is not applicable in UAE.

 

12. Is it possible to claim priority in UAE?

Yes, it’s possible in case:

  • The applicant’s home nation is a current member of the Paris Convention
  • The home application has been filed within six months before filing the application in UAE
  • The applicant’s home nation is a current member of the World Trade Organization (WTO)

 

13. What are the pre-requisites to fulfil the use requirement?

A trademark has to be utilized within five years. However, the law does not particularly mention the amount of use needed, but it must take place in the UAE.

 

14. After the trademark has been registered, for how many years is it going to be valid?

The initial term that the registration is valid for is 10 years and it is calculated starting from the application date.

 

15. What would be the renewal date of my trademark?

The first renewal date of a trademark registration is 10 years beginning from the date the application was filed.

 

16. Is it legal to use a trademark when it is not yet registered?

Using a trademark that is not registered yet for any product or service is legal. However, you must ensure that the unregistered trademark does not offend any requirements of the Trade Marks Law. It is recommended to take the advice of an experienced trademark attorney or you could contact us to get relevant information.

1. If I have a registered trademark in UAE, does it give me any right?

Though the registration process is not mandatory o get rights to a trademark; but registration is definitely recommended as it is complex to establish rights when the mark is not registered in the UAE.

 

2. Is the trademark national office available online?

No, the trademark national office is not available online.

 

3. Do I have to use my trademark before filing the registration application?

The requirement for application is either actual use or intent to use.

 

4. Can a trademark application be opposed?

Yes, the application can be opposed on some grounds such as the following:

  • The mark is not meeting the description of a trademark
  • Proprietary rights
  • The mark is general in nature
  • The mark is not unique
  • The mark is descriptive
  • The mark opposes some public policy or morality principles
  • The mark includes a geographical indication
  • The mark is in some way misleading, deceiving or disparaging
  • Rights are existing in a personal name
  • Rights mentioned in the Article 6ter of the Paris Convention
  • Rights mentioned in the Article 8 of the Paris Convention
  • Rights mentioned in the Article 6septies of the Paris Convention
  • Rights mentioned in the Article 6bis of the Paris Convention

 

5. Who all can challenge my trademark application?

As per the UAE law “any concerned person” can file an opposition against an application.

 

6. Is it possible to cancel a registration?

Yes, the registration can be cancelled on some grounds like:

  • Proprietary rights
  • Infamous or popular trademark
  • The mark is not characteristic or unique
  • The mark misleads, is illusory or disparaging
  • The mark is descriptive
  • Rights in an individual’s name
  • Protecting armorial bearings, some country’s flags and other State emblems
  • Registration is in the agent’s name or some other representative of the mark’s proprietor
  • Trade names
  • The mark is very general
  • The mark is not meeting the official definition of a trademark
  • The mark goes against the public policy or morality principles
  • The trademark includes any geographical indication

 

7. Do any rights get established if one has a registered trademark?

Yes, there are some rights that are recognized when you register a trademark. They are:

  • The exclusive right for using the registered trademark
  • The right to provide a license to other third parties for using the trademark
  • The right of taking an action of cancellation against a person who does a conflicting registration in future
  • The right for challenging any future conflicting applications
  • The right to gain damages in case of infringement
  • The right to sue a party for infringement or violation against very similar third-party trademark usage
  • The right for applying for seizure by customs officials for importing counterfeit goods
  • The capacity to record the registration with some enforcement authority, like the Dubai Department of Economic Development
  • The ability of recording the registration with the customs officials in Dubai, Ras al-Khaimah, and Sharjah
  • The right of requesting the court, related administrative authorities, or police to take preliminary steps or actions, seize samples and may be confiscate the stock

 

8. How long is the opposition period?

  • The opposition period typically starts on the date when you get the application published in the Official Gazette. It is usually also published in at least two Arabic newspapers in the UAE.
  • The opposition period usually ends in a month or in 30 days after the date of the last publication. The opponent must compulsorily present a lawful power of attorney.

 

9. Is UAE a current member of the Madrid System?

No, UAE is not an existing member of the Madrid Agreement and the Madrid Protocol.

 

10. Is it required to present a periodic statement of use?

No, it is not required to present periodic statements of use.

1. When do you need to renew a trademark?

Ensuing renewals officially last for 10 years beginning from the renewal date of the mark’s registration.

 

2. What would be the renewal date of a trademark?

The initial renewal date of any registration is for a duration of 10 years that starts from the date on which the application was filed.

 

3. Is any documentation required while renewing a trademark?

Yes, you must submit the following documents when going for a renewal:

  1. The power of attorney
  2. A copy of your original trademark registration certificate

 

4. If my trademark has expired, do I get any grace period?

Yes, you get a grace period of 3 months after the renewal date has expired.

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