The UAE is known as the leading financial hub in the Middle East and North Africa Region and many foreign companies look for setting up businesses in the country. It is, however, necessary that they prioritise the need to protect the company’s trademark with full consideration whether the trademark infringes the rights of others before registering the new corporation.
The Government of the UAE has put bold steps forward for implementing sound trademark legislation in line with international trademark registration classifying goods and services for the Registration of Marks under the Nice Agreement. The federal law for trademarks focuses on protecting trademarks and the procedures for the protection of intellectual property rights. Trademarks are effectively protected by Federal Trademark Law No. 37 of 1992 subsequently amended by Federal Law No. 8 of 2002 called the ‘Trademark Law’ with the requirements for trademark registration in Dubai UAE and the penalties for violating the same.
Rights of trademarks are permitted to both the UAE nationals and foreigners performing commercial, industrial, services and other business-related activities.
UAE Federal Law No.37 of 1992 defines a trademark as “a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks, if they were used or intended to be used either to distinguish goods, products or services from whatever sources, or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection of trading. The voice accompanying a trademark is considered a part of it.” In a nutshell, it is the ‘Brand Name ‘ in legal terms.
Though Trademark registration is not mandatory in UAE, it can benefit foreign businesses by providing exclusive rights to beneficially operate under the registered trademark. It also protects the company name and brand from any infringement and allows legal actions whenever such a case arises. Besides, a trademark also helps in promoting business through
- Unique Image creation
- Easy Manpower deployment with minimum attrition
- Creating an intangible asset
- Product quality recognition
- Enhancement of goodwill and trust
What is the Trademark Authority in the UAE?
How does a Foreign Company register for a Trademark?
What Is the Scope of Trademark Registration in the UAE?
As per Article 2 of UAE Trademark Law, any character with a distinctive form that helps to distinguish a brand from others can be trademarked such as titles, characters, seals, posters, engravings, paintings, names, signatures, titles, paintings, and any kind of label.
Article 3 of Federal Law No. 37 of 1992, prohibits certain marks from trademark registration on absolute or relative grounds and a few of them are listed below.
- Marks with no distinctive character
- Descriptive marks, ordinary drawings and pictures of products
- Marks breaching public morals or interest
- Public emblems, flags and other logos
- Trademarks that are identical or similar to symbols having a purely religious character
- Geographical names that may create confusion regarding the origin of products or services
- Particulars of honorary degrees
- Trademarks owned by prohibited natural persons or legal entities
- Trademarks composed of national and foreign medals, coins and banknotes
- Red Cross and Red Crescent symbols
- Third-party names and titles
- Other well-known trademarks translated directly
What is the process of Trademark Registration in the UAE?
Trademark Registration Process in the UAE is simple with the below-mentioned steps
- Filing Application
- Examining on formal, absolute and relative grounds
- Publishing for opposition purposes in national newspapers
- Approval for Trademark Registration
- Payment of fees, rolling penalty fees for late payment
- Final Registration of Trademark
- Issuance of electronic registration certificate, no hard copy certificate is issued
What is the validity of a Trademark in the UAE?
What is the Trademark Registration Fee in the UAE?
How is Trademark Renewed in the UAE?
What are Trademark Infringements and what are the penalties?
Trademark infringement can be a major problem in the UAE as in other countries with serious business implications. A business must have a good title to its trademark to ward off any possible risk of infringement.
Various legal actions can be initiated against the infringers and may even lead to criminal proceedings. The trademark holder may even commence civil proceedings for infringing the use of the trademark. The best way to prevent a third party from infringing business rights is trademark registration with the UAE government enabling the enforcement authority to assess trademark rights for most effective countermeasures.
Besides criminal proceedings and imprisonment for infringement of trademarks, hefty fines are also imposed by the authorities. Dubai Customs can also facilitate avoiding infringement with its authority to stop infringing products before entering the UAE soil and can make trademark protection more robust and secure.
Takeaway
There may be an additional cost to hire local PRO services as an attorney for trademark registration, however, partnering with an experienced attorney allows new business owners to focus on other value-added tasks including business development, marketing strategies, advertising etc. instead of getting involved in intricacies of trademark law and submitting applications. A reputed firm ensures that the registration process is successful without getting rejected with complete search and intricate legal analysis.
It is highly recommended that businesses invest in a trademark lawyer and draw up and implement a plan for operating in the UAE, particularly about how trademark rights are handled for a sustainable business with trust and goodwill. A reputed firm also keeps a constant watch and strenuously protects against any infringement of registered trademarks in the UAE.
