UAE Trademark Registration

Securing your brand's unique identity and legal claims to your distinctive marks, names, sounds, or designs in the UAE is crucial, and it begins with UAE Trademark Filing and registration. Filings.ae, leveraging its vast experience and tailored services, provides a straightforward path to trademark registration in the UAE. We offer end-to-end assistance, from conducting preliminary trademark searches to choosing the right trademark categories, handling challenges, and facilitating a smooth registration journey. With Filings.ae as your ally, you can ensure robust legal safeguards for your brand, turning it into a significant asset in the UAE's dynamic market.

UAE Trademark Registration Regulation

The responsibility for trademark registration, renewal, and cancellation in the United Arab Emirates falls under the purview of the Ministry of Economy. This authority extends across all seven Emirates—Abu Dhabi, Dubai, Sharjah, Ras Al Khaimah, Ajman, Fujairah, and Umm Al Quwain.

The Federal Law on Trade Marks (No. 36 of 2021) is the UAE's main legislative framework governing trademarks. Notably, a Trademark Registration Certificate issued in the UAE is valid and recognized across all seven Emirates.

What is a trademark?

A trademark, as outlined in the Federal Decree-Law No. 36 of 2021 on Trademarks, is a legal term for a unique symbol, sign, name, word, or design. This distinctive mark uniquely identifies and distinguishes the goods or services of a specific individual, company, or organization from those of others.

What Can Be Trademarked

In the UAE, a diverse array of elements can be registered as trademarks, including names, words, signatures, letters, numbers, graphics, logos, titles, hallmarks, seals, pictures, patterns, advertisements, packaging, or any other distinctive marks or combinations thereof.

These elements can be trademarked if they are either currently used or planned to be used for identifying and differentiating goods, products, or services from different origins or to indicate that specific services, goods, or products are associated with the trademark owner due to their creation, selection, or distribution.

Who can register a trademark?

Under the aforementioned law, the following entities are eligible to register a trademark:

• Citizens of the UAE and natural and legal persons engaged in any commercial, industrial, professional, or service activities.
• Foreign individuals and natural and legal persons involved in commercial, industrial, professional, or service activities.
• Foreign individuals and natural and legal persons conducting any commercial, industrial, professional, or service activities in any country based on reciprocity.
• Other legal entities.

Exclusions in UAE Trademark Registration

Due to various legal restrictions, specific marks cannot be registered as trademarks in the UAE.

These include:

• Descriptive Marks or non-distinctive marks: These are too generic or descriptive of the goods or services, lacking distinctiveness.
• Marks that violate public morals or public order: Any offensive mark or against the general ethical standards of society.
• Flags resembling those of any country, international organization, or government: This prevents confusion and misuse of official symbols.
• Emblems and logos are similar to national or international symbols, Such as official seals or government logos.
• Logos associated with the Red Cross, Red Crescent, or similar organizations: These are protected due to their international humanitarian significance.
• Marks that closely resemble symbols with purely religious significance: To avoid offending religious sensibilities or implying any endorsement by a religious group.
• Usage of geographic names that could mislead about the origin of a product or service: This helps prevent consumer deception regarding the true source of a product.
• National Medals, International Medals, Banknotes, and coins: These are protected to avoid confusion with official state symbols and currency.
• Translated versions of well-known marks or already registered trademarks if they could confuse consumers: This is to prevent infringement on existing trademarks and protect consumer interests.

Advantages of Registering Your Trademark

UAE trademark registration provides numerous benefits, including the following key advantages:

• Protecting Your Brand: Gaining legal control through trademark registration helps prevent unauthorized use of your mark, thus preserving the uniqueness of your brand.
• Enhancing Business Value: Registering your trademark boosts your business's value, establishing your mark as a legally protected asset.
• Effective Marketing Asset: A registered trademark is a potent tool for branding, enhancing your brand's visibility and reputation.
• Legal Protection: With a registered trademark, you have the legal backing to pursue action against any infringement, helping to maintain the integrity of your brand

Validity of UAE Trademark Registration

In the United Arab Emirates, a trademark is valid for ten years from the date of the initial application. For continued protection after this term, the owner must renew the trademark for another ten years.

It is crucial to understand that this registration provides protection exclusively within the UAE's seven emirates and does not extend to other countries globally.

UAE Trademarks Classification

The UAE employs a system of categorizing trademarks into specific 'classes' for registration purposes. This framework is designed to categorize trademarks based on the variety of products and services they represent.

• There are 45 recognized international classes; you can register your trademark in the UAE in 44. For comprehensive brand protection, you must submit a separate application for each class corresponding to your offered goods or services.
• The correct selection of trademark classes is critical to ensure adequate protection and to avoid superfluous costs. Registering in classes that do not pertain to your specific goods or services can lead to unnecessary expenses and is not advisable.

Classification of Trademarks for Registration in the UAE

The UAE employs a system of categorizing trademarks into specific 'classes' for registration purposes. This framework is designed to categorize trademarks based on the variety of products and services they represent.

• There are 45 recognized international classes; you can register your trademark in the UAE in 44. You must submit a separate application for each class corresponding to your offered goods or services for comprehensive brand protection.
• The correct selection of trademark classes is critical to ensure adequate protection and to avoid superfluous costs. Registering in classes that do not pertain to your specific goods or services can lead to unnecessary expenses and is not advisable.

Trademark Search

Undertaking a trademark search at the Trademark Registry is vital, as it helps you determine if existing rights are linked to the trademark you propose. This process is key in assessing the probability of your application's success. It is highly recommended to perform this search before beginning the trademark registration process in the UAE.

UAE Trademark Registration Procedure

Navigating through the trademark registration process in the UAE involves several key steps, each crucial for securing your trademark successfully. Here's a detailed breakdown of these steps:

Trademark Search

The first phase in UAE trademark registration involves verifying that your intended trademark isn't already used. While not obligatory, this step is crucial to detect any existing identical or similar trademarks already filed or registered.

Trademark Application

Trademark agents apply to the Trademark Office after the search. It's important to note that foreign individuals or companies must engage approved trademark agents in the UAE for this purpose.

Registrar's Decision

Following the application submission, the registrar will decide whether to accept or reject the trademark application in line with the governing laws.

Trademark Publication

If the application gets the green light, the trademark must be published in two local Arabic newspapers within 30 days of acceptance. At this stage, fees for publishing the trademark in the official gazette are also payable. The deadline for settling the final registration fees is determined from the last day of the opposition period, allowing for a 30-day timeframe.

Issuance of Certificate

The Trademark Office will issue the registration certificate once the final registration fees are paid. This certificate validates the trademark for ten years, starting from the application filing date.

How Filings.ae help in UAE Trademark Registration?

Choose Fillings.ae for a streamlined and effective trademark registration process in the UAE. Here's how we help:

• Expert Guidance: Count on Fillings.ae for expertise in UAE trademark laws and procedures, ensuring your application is compliant and well-prepared.
• Application Preparation: We assist in drafting your application, selecting the right class, and ensuring all details are accurate.
• Trademark Search: Conducting a thorough search for similar trademarks increases your chances of a successful application.
• Document Submission: Our team handles all paperwork, submitting your documents correctly to the Trademark Office.
• Regular Updates: Stay informed with continuous updates about your application's status from Fillings.ae.
• Objection Handling: We're ready to facilitate your registration process with effective responses if objections arise.
• Post-Registration Services: After registration, we can assist with renewals, assignments, and more.

With Fillings.ae, experience a smooth trademark registration process, ensuring legal compliance and saving time. Let us protect your brand while you focus on growing your business.