Trademark registration in UAE

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

Every object that has a distinctive form, including names, words, signatures, letters, symbols, figures, addresses, stamps, drawings, photos, inscriptions, packaging, figurative elements, shapes, color, set of colors or a combination of such elements, or a sign or a set of signs, including 3D marks, hologram marks or any other mark used or intended to be used to distinguish the commodities or services may be registered as the trademark. Additionally, objects related to sound and smell may also be classified as a trademark.

2) THE REGISTRATION PROCESS

1. Submit the application to the Ministry of Economy Portal and pay the service fee;

2. The applicant is officially notified of the decision within a maximum period of 90 days from the date of submitting the application;

3. When the application is accepted, the applicant should publish the trademark registration in the official trademark bulletin;

4. An objection period of 30 days from the publication is allowed;

5. If there is no objection to the trademark, then the final registration fee should is paid and the certificate of registration of the trademark is issued maximum within 30 days after the objection period has lapsed.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

Not available in the UAE.

4) TRADEMARK REGISTRATION TIMELINE

The standard period for a trademark is 3-4 months from the date of filing of the application.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

The duration of a trademark is 10 years commencing from the date of submitting the application. After the expiration of this period the trademark holder can renew it for another 10 years by submitting a renewal application along with the renewal fees.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, however, one should be cautious that it might infringe on someone else’s intellectual property rights.

7) TERMS OF TRADEMARK USE

An interested party can request the Ministry to deregister a trademark that has not been used for 5 consecutive years, unless there are exceptional circumstances that prevented its use.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

The trademark holder can file a writ petition in civil court for a precautionary measure and can file a lawsuit for claiming compensation if they sustain harm resulting from the infringement of any of their rights.

Authors: Issam Dahman, Sarah Rizwan