מדריך מהיר לרישום סימן מסחרי באיחוד האמירויות

The United Arab Emirates (UAE) is an attractive business destination thanks to its strategic location at the crossroads of Europe, Asia, and Africa. It’s also known for its stable political environment and supportive business policies, making it a prime choice for companies looking to expand their regional operations. Protecting your brand and intellectual property is crucial for businesses operating in the UAE, and trademark registration is the first step in achieving that goal. In this article, we will explore the process of registering a trademark in the UAE, including the requirements, fees, and timeframes involved.

Агуулга

1. What can be registered as a trademark in the UAE?

2. Why might you be refused a trademark registration in the UAE?

3. The process of trademark registration in the UAE

4. Documents required for registering a trademark in the UAE

5. Trademark opposition process in the UAE

6. Trademark registration in the UAE: costs

7. Final thoughts

What can be registered as a trademark in the UAE?

A trademark is a unique symbol that identifies and distinguishes a specific brand. In the UAE, you can register a wide range of items as a trademark, including:

• Words,
• Symbols and logos,
• Colors,
• Combinations of the above,
• Three-dimensional shapes,
• Sounds,
• Holograms.

A trademark must be distinctive and not similar to any existing marks in the UAE to qualify for registration. It also cannot violate any current laws or regulations.

To register a trademark in the UAE, it’s necessary to classify the goods or services according to the International Classification of Goods and Services. This system is used worldwide to ensure consistency in the registration process. Note that multi-class applications are not available in the UAE; you must register a separate trademark for each class of goods or services.

Why might you be refused a trademark registration in the UAE?

A trademark can be refused registration for both absolute and relative grounds. Absolute grounds for refusal are based on objective standards, while relative grounds consider the likelihood of confusion between the new and existing trademarks.

For instance, a trademark registration in the UAE can be refused if another company already has a similar trademark for similar goods or services, as this could cause confusion and harm the original trademark owner’s interests.

Below are some absolute grounds for refusal:

• The trademark lacks distinctive character or only represents the name or image of the product/service;
• It violates public morality or public order;
• It is similar to state emblems, flags, military badges, national and foreign awards, coins, banknotes, or other symbols of the state, Arab, or international organizations;
• It resembles the Red Crescent or Red Cross symbols and other similar signs;
• It is identical or similar to symbols of a religious nature;
• It is a geographical name that might confuse the origin of the goods/services;
• It includes a name, nickname, image, logo, or surname of a third party without their written consent;
• It contains false information about the origin or other characteristics of the goods/services;
• It includes trademarks of other persons;
• It is a copy, imitation, translation, or localization of a well-known trademark or its part, infringing the owner’s interests;
• It includes terms like concession, concessionaire, registered, registered drawing, copyright, or other similar expressions.

The process of trademark registration in the UAE

The first step in the trademark registration process is to conduct a UAE trademark search to ensure that the proposed mark is available and not similar to any existing ones. You can search online, through the Ministry of Economy’s website, or via a legal counsel. Alternatively, you can use a free worldwide trademark search service.

Once the search is complete, you can file an application with the Ministry of Economy. The Ministry will examine the application to make sure it meets the legal requirements for registration. This includes checking for any similarities with existing trademarks and verifying that the mark is distinctive and in compliance with laws and regulations. The examination process can take up to 90 days, depending on the complexity of the application.

If the application is accepted, it will be published in the Official Gazette for opposition. This allows third parties to object to the mark’s registration within 30 days if they believe it infringes their rights.

If there are no objections, the mark will be registered, and you will receive a registration certificate. The protection lasts for 10 years from the registration date and must be renewed every 10 years. The renewal can be done online or through legal counsel.

Additionally, if you own a trademark on goods or services displayed at an exhibition, you can apply for temporary protection during the event. You need to apply at least one month before the exhibition starts and pay the necessary fees. The temporary protection ends when the exhibition concludes.

Documents required for registering a trademark in the UAE

To apply for trademark registration in the UAE, you need the following documents:

1. Trademark application form specifying details about the trademark, the goods or services for which it will be used, and the applicant’s details.
2. An authorized power of attorney (if an agent or attorney files the application on behalf of the applicant).
3. A copy of the priority claim document (if applicable).

You can file the application in Arabic or English. If the application is in another language, you must provide translated documents. You should submit the original power of attorney within 30 days from the application date. It also requires legalization at the UAE Ministry of Foreign Affairs, which can be handled by a local agent.

Trademark opposition process in the UAE

Within 30 days after the application publication, any interested party may file an objection. A copy of the protest is sent to the applicant, who must provide a written response within 30 days, or the application will be considered conceded.

The competent department will then set a date for the hearing and notify the parties. Attend the hearing requires a fee. After the hearing, the department will inform both parties of its reasoned decision.

If your trademark registration is refused, you may file a complaint with the Complaints Committee. You can challenge the Committee’s decision in court within 30 days of receiving the notice.

Trademark registration in the UAE: costs

Government fees for trademark registration in the UAE:

Trademark registration cost in the UAE via the iPNOTE platform starts from as low as $2,100 ($350 – attorney service charge and $1,750 – official fees), covering all government fees as well as document preparation. Find the best UAE trademark attorney on iPNOTE.

Final thoughts

When applying for a trademark registration in the UAE, you need to consider several factors, including what can and cannot be registered as a trademark, the required documents, the steps and duration of the overall registration process, the fees for application, registration, and renewal, etc. Even if you’ve been through a similar process in another country, it’s highly advisable to find a local attorney to assist you as it will save you lots of time and effort.

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The iPNOTE platform features more than 700 IP law firms covering more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

Explore our directory of trademark attorneys in the United Arab Emirates.

Үнэгүй бүртгүүлнэ үү, мөн бид танд IP-тэй холбоотой аливаа асуудлыг шийдвэрлэхэд туслах болно.
 

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