Design registration is a crucial aspect of protecting intellectual property rights. In the UAE, design registration provides exclusive rights to use and license the design, protection against infringement by others, a legal basis for taking action against infringers, and increased value of the product and business. The UAE has a robust legal system for enforcing these rights, making it an ideal location for businesses looking to protect their designs. In this article, we will discuss the design registration process in the UAE, its requirements, and the benefits of obtaining it.
Contents
1. What can be registered as a design in the UAE?
2. What reasons for refusal of a design application exist in the UAE?
3. The process of design registration in the UAE
4. Documents required for the registration of a trademark in the UAE
5. Design opposition process in the UAE
7. Why file a design in the UAE?
1. What can be registered as a design in the UAE?
A design registration can be obtained for any new and original design that has an industrial or handicraft application. This includes two-dimensional or three-dimensional shapes, patterns, lines, colors, or combinations thereof. However, designs that are contrary to public order or morality cannot be registered. Also read what can be registered as a trademark in the UAE.
2. What reasons for refusal of a design application exist in the UAE?
There are several reasons why a design application may be refused in the UAE. These include:
– The design is not new or original;
– The design is not capable of being applied industrially or manually;
– The design is contrary to public order or morality;
– The design is not disclosed clearly and completely.
3. The process of design registration in the UAE
The process of design registration in the UAE involves several steps. These include:
Step 1: Filing an application
The first step in the design registration process is to file an application with the UAE Ministry of Economy. The application should include a clear representation of the design and a description of its features.
Step 2: Examination
Once the application is filed, it will be examined by the Ministry of Economy to ensure that it meets the requirements for registration.
Step 3: Publication
If the application is deemed acceptable, it will be published in the Official Gazette for opposition purposes.
Step 4: Opposition
If there are no oppositions to the design registration, the Ministry of Economy will issue a certificate of registration.
4. Documents required for the registration of a trademark in the UAE
The following documents are required for design registration in the UAE:
– A copy of the applicant’s passport or ID;
– A clear representation of the design;
– A description of the design’s features.
5. Design opposition process in the UAE
If there are oppositions to the design registration, the opponent has 30 days from the publication date to file an opposition with the Ministry of Economy. The opposition must be in writing and should state the grounds for opposition. If an opposition is filed, the Ministry of Economy will review the opposition and make a determination.
6. Design costs in the UAE
The cost of design registration in the UAE varies depending on several factors, including the complexity of the design, the number of classes, and size entity:
| Professional fee for individuals | $350 |
| Government fee for individuals | $273 |
| Professional fee for companies | $356 |
| Government fee for companies | $545 |
The cost of filing a design in the UAE through the iPNOTE platform starts as low as $623, which includes all government fees and filing stage. Find the best IP attorney in the UAE on iPNOTE.
7. Why file a design in the UAE?
Filing a design in the UAE provides several benefits, including exclusive rights to use and license the design, protection against infringement by others, a legal basis for taking action against infringers, and increased value of the product and business. Additionally, according to the World Intellectual Property Organization (WIPO), the UAE ranks 49th in the world for trademark applications, with 7,880 applications filed in 2020.
Moreover, the UAE ranks 35th in the world for design applications, with 1,175 applications filed in 2020, that’s why it is highly important to start protecting intellectual property rights to enter the growing market in the UAE.
8. Final thoughts
Design registration is an essential aspect of protecting intellectual property rights. In the UAE, businesses can benefit from a robust legal system for enforcing these rights. If you are considering filing a design in the UAE, it is important to work with an experienced intellectual property lawyer who can guide you through the process and ensure that your rights are protected.
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