Trademark Registration in Dubai

Our Dubai Office  expertise in Trademark covers all aspects relating to Trademark Registration in UAE, GCC and worldwide , including related services for Trademark Licensing and, as well as Trademark Infringement.

Trademarks are essential and vital assets to any businesses that officially permit the identification and value of one’s products and services from other competitors.

In UAE, trademark protection can be obtained only through local application at UAE Trademark Office located in Dubai and Abu Dhabi,

We assist our clients in the defining and implementing a global protection strategy of their trademarks, coordinate adequate searches, and conduct the actions necessary to protect and defend their rights.

We represent them during prosecution of trademark applications before the UAE Trademark Office and also to represent and assist our clients in opposition proceedings.

We provide advice to our clients in the management  of trademark portfolios and assist them in drafting and negotiating trademark transfer and license agreements.

We assess the quality of their protection particularly in the framework of audits  (due diligence) on the occasion of mergers and acquisitions.

We analysis the policy and strategy of their competitors and, if necessary, coordinate and implement the measures necessary to obtain the freedom to operate.

Trademark-Registration-Dubai
Trademark-Registration-Dubai

Trademark Registration in Dubai

Filing Requirements
Trademark/Service Mark/ Collective Mark Applications

  1. A Power of Attorney duly notarized & legalized up to the Consulate of the UAE. (Late submission of the POA is applicable within 60 days as from the filing date).
  2. Twenty prints of the trademark/service mark. (Size: 6 cm x 6 cm)
  3. A certified copy of the home/foreign application registration, if priority is claimed.

The United Arab Emirates (UAE) has been a member of the Paris Convention for the Protection of Industrial Property since September 19, 1996. The International Classification of Goods and Services for the Purpose of the Registration of Marks under the Nice Agreement (10th edition) is followed in the UAE.

Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Trademark Journal as well as in two local daily Arabic newspapers and the cuttings of the notices are to be submitted to the Trademark Office. Any interested party may file a notice of opposition to the registration of the mark within 30 days from the date of any publication. The Registrar’s decision concerning the opposition may be appealed to the Committee and the Committee’s decision to the competent court. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.

According to Decree No. 12 for 2002 issued by the Ministry of Trade and Commerce on February 3, 2002, payment of registration fees should be made within 30 days from the date of expiry of the opposition period or the date of receiving a decision from the Trademark Office regarding an opposition (if any). Based on this, our invoice covering registration charges will be issued at the filing stage in order to attend the payment of the official fees to the Trademark Office.

A trademark registration is valid for 10 years as of the date of filing the application renewable for similar periods. The renewal fees of a trademark registration can be paid during the final year of the protection period.

A grace period of 3 months is allowed for late renewal with a fine. The renewal of a trademark is also published in the Trademark Journal and in two local daily Arabic newspapers. The ownership of a registered trademark can be assigned with or without the goodwill of the commercial enterprise. Unless an assignment has been recorded in the register and published in the Trademark Journal, the assignment shall have no effect vis-à-vis third parties. Changes in the name and/or address of the registrant must be recorded in order to protect rights. Registered user agreements, license and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well.

Use of a trademark is not compulsory for filing application for registration or for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration, if the owner fails to use such a trademark in the UAE for 5 consecutive years from the date of registration.

Illegal and/or unauthorized use of a registered trademark by any third party, use of a fake or counterfeit trade/service mark, application to one’s goods a registered trademark belonging to another party in bad faith, dealing in goods bearing a fake or counterfeit trademark, rendering services under a fake or counterfeit service mark, and use of a trademark that falls under certain categories of unregistrable marks are offenses punishable under the law in the UAE.

Federal Law No. 8 for the year 2002 amended some articles of the Federal Law No. 37 for the year 1992. The law covers the seven Emirates of Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain. A separate application has to be filed with respect to each class of goods or services. A certified translation of the trademark is to be submitted as well.

Trademark Registration in Dubai

Trademark Registration Cost in UAE including the Emirate of Dubai
Application Fees  AED 753 = USD 210 
Publication Fees  AED 753 = USD 210 
Local News Paper Publication fees  AED 503 = USD 136 
Registration Fees upon Expiry of the Opposition Period  AED 5003 = USD 1360
Legalization of the POA if the applicant is foreigner  USD = 50 
Professional Fees  Please contact us at nas@naslaw.com 

FAQs of  Trademark Registration in Dubai

 

HOW MUCH DOES IT COST FOR TRADEMARK REGISTRATION IN UAE?

  • Trademark Registration Cost in UAE including the Emirate of Dubai Application Fees AED 753 = USD 210 Publication Fees AED 753 = USD 210 Local News Paper Publication fees AED 503 = USD 136 Registration Fees upon Expiry of the Opposition Period AED 5003 = USD 1360 Legalization of the POA if the applicant is foreigner USD = 50 Professional Fees Please contact us at nas@naslaw.com

HOW LONG DOES IT TAKE TO REGISTER MY TRADEMARK IN UAE AS WELL AS INTERNATIONALLY ?

  • It is very hard to predict the time frame to obtain Trademark registration in UAE and international level, but in general in UAE it takes from 3 to 8 months from the filing date to be registered

IF THE TRADEMARK REGISTERED THE PROTECTION WILL BE APPLIED FROM THE DATE OF OBTAINING THE REGISTRATION IN UAE?

  • Once the Trademark registered the protection will be applied from the filing date of the application note from the registration date of the obtaining the Certificate of registration

WHAT IS THE VALIDITY OF THE TRADEMARK REGISTRATION IN UAE & INTERNATIONALLY?

  • As per the UAE Trademark Law, the Trademark protection will be valid for 10 years from the date of filing

WHAT IS DOMESTIC VIOLENCE?

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WHAT ARE THE BENEFITS OF A REGISTERED TRADEMARK & WHAT IF IT DID NOT?

  • Many clients in UAE And Internationally asking this question namely when the matter is the cost of filing Trademark Registration, and their budget is not enough However, having a trademark registered on the Trademark Office provides several advantages: Serves as notice to the public of the registrant’s ownership of the trademark. Establishes a legal presumption of your ownership of the mark and your exclusive right to use the trademark nationwide on or in connection with the goods and/or services listed in the registration. Enable the owner to bring a legal action against infringement of the trademark in the competent court. Trademark Registration will enable the registrant to license or Mortgage the Trademark to third parties

MANY CLIENTS ALSO ASK WHAT IF I DID NOT REGISTER MY TRADEMARK AND TRADEMARK OFFICE?

  • The disadvantage of not registering your Trademark is the following: – You are marketing a Trademark that you do not have an official document showing that it belongs to you. You may develop a Trademark is not registerable and you will discover later that the competitor can use, so when you file Trademark, the examiner will inspect the register ability of the Trademark as it may reflect geographical indication or it may descriptive mark or it may be infringe third parties rights If your non registered Trademark became well know and any third party registered your Trademark this will cause damages to your business and will be out of the market for long term till you settle the dispute and accordingly you will lose you market share You lose the chance to stop infringement from third parties through administrative bodies as well as enforcement bodies. You will lose business opportunities by licensing the Trademark to third parties

DOES TRADEMARK PROTECTION IN UAE PROTECT ME IN OTHER GCC COUNTRIES OR WORLDWIDE?

  • No the protection will be limited to UAE Jurisdiction including seven emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Um ElQuween, Ras AL Khaymah & Fujairah)

DOES THE PROTECTION IN UAE TRADEMARK OFFICE COVER THE EMIRATE OF DUBAI ?

  • Yes the Trademark protection in UAE will cover the seven emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Um ElQuween, Ras AL Khaymah & Fujairah)

WHAT IS NICE CLASSIFICATION AND IN WHICH CLASS DO MY PRODUCTS FALL ?

  • The Nice Classification (NCL), established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of Trademark and service and it is consists of 46 classes and it is divided for goods from class 1 to class 34 and from class 35-46 is services, i.e perfuems fall in class 3, medicine in class 5 mobile phones in class 9, gold in class 14 foods in class 29 & 30 and i.e. of service financial in class 36 legal services in class 45 UAE Trademark office is adopting 10th edition of Nice classification, however you still need consultant advice about the specific class required for your goods and services

DOES THE UAE TRADEMARK OFFICE ADOPT A MULTI-CLASS SYSTEM LIKE EU TRADEMARK APPLICATION?

  • No the Trademark office in UAE does not adopt multi classes system, and the applicant required to file single application for each class, while many countries adopting multi classes system like EU Trademark office and US Patent & Trademark Office and the applicant is entitled to claims all the classes in the same application and this will reduce the cost for the applicants

DOES IT MANDATORY TO PROOF THE USE OF THE TRADEMARK IN THE PROCESS OF FILING TRADEMARK APPLICATION IN UAE AND GCC ?

  • It is not required in UAE Trademark office as well as GCC and Arab Countries to proof of use or to reflect that the goods and services are in commerce during the process of the Trademark application

WHAT IF THE TRADEMARK OWNER DID NOT USE THE TRADEMARK AFTER THE REGISTRATION IN UAE?

  • If the Trademark Owner did not use the Trademark for five consecutive years , his registration will be subject of cancellation form any third party

CAN I TRANSFER MY TRADEMARK TO A THIRD PARTY AS PER UAE TRADEMARK LAW AND INTERNATIONALLY?

  • All the regulation all over the world as well as UAE allow the Transfer of the Trademark registration to third, and the difference is only the procedures and the cost whiles it is required legalized Deed of Assignment as well as POA from the assignee, it is simpler in USA and EU trademark office and simply signed Deed of Assignment is enough

WHAT IS THE PROCESS TO STOP THIRD PARTIES FROM INFRINGING MY REGISTERED TRADEMARK IN UAE?

  • There are several measures to enforce your rights against third party infringement and each emirates adopted several measures to protect the IP rights namely Trademarks. i.e. in Dubai the Trademark Owner has the options to file administrative case to Dubai Economic Department as well as to Dubai Police – Economic crimes as well file lawsuits at Dubai Courts