How to Register Trademark in the UAE?

What is a Trademark?

A trademark can be a unique term, symbol, design, phrase, logo, letter, or combination of these things that is used to represent a corporation or its products. Trademarks can also be registered with the United States Patent and Trademark Office (USPTO). To put it another way, we are able to clearly distinguish one company’s goods or services from those of competitors by employing trademarks.

Benefits of having a registered trademark

The followings are the benefits of having a registered trademark

• Provides security for your business: A registered trademark can provide your business with legal protection against unauthorized use or infringement by others. It gives you the right to take legal action against anyone who tries to use your trademark without your permission.
• Exclusive rights over the trademark: Once your trademark is registered, you have the exclusive right to use it for the products or services you have registered it for. This can help prevent competitors from using a similar mark and causing confusion in the marketplace.
• Protection against duplication: Registering your trademark can help prevent others from using a similar mark for similar goods or services. This can help protect your brand and prevent confusion among consumers.
• Right to use “registered”: You can use the ® symbol next to your registered trademark, which indicates that it is a registered trademark. This can help deter potential infringers and signal to others that you take your brand seriously.

Limitations of trademark registration in UAE

All the trademark registration in UAE can not be registered freely. There are certain limitations to it. If any trademark comes under the following category, it can not be registered:

• Offenses against public morals and religions
• Public symbols (such as flags)
• Symbols such as for Red Cross and Red Crescent
• Names or titles of third parties
• Direct translations of other well-known trademarks

 Process for Trademark registration

Documents required for trademark registration in UAE are as follows:

• Trademark Search: Conduct a comprehensive search to ensure that the proposed trademark is available for registration and doesn’t conflict with any existing trademarks.
• Application Filing: Once you confirm that your proposed trademark is available for registration, you need to file an application for trademark registration with the relevant trademark office. In the UAE, you can file your application with the Ministry of Economy.
• Examination: After filing your application, it will be examined by the trademark office to ensure that it meets all the requirements for registration.
• Publication: If your application is approved, it will be published in the official gazette to allow third parties to object to the registration of your trademark.
• Opposition: If any third party objects to your trademark registration, they can file an opposition within a certain period.
• Registration: If there are no objections or if your objections are successfully resolved, your trademark will be registered, and you will receive a certificate of registration.

Steps to be followed for registration of trademark:

1. Before applying for registration, one must ensure that it is not used by another company.
2. Fill out the application form on the Ministry of Economy

• Visit the homepage and select “Services”
• Click on ‘e-services’ in the drop-down
• Select ‘trademarks’
• Then click on “Trademark registration”
• Go to the new application

After filling out the application form, upload the above-required documents.

1. After submitting the application form, you will need to pay AED 8700 for trademark registration.
2. The Ministry of the economy will review your application and give approval within 30 days.
3. After getting approval from the Ministry of Economy, you need to publish it in the official journal and two local newspapers. For publishing in an official journal, you will need to pay AED 1000 to the Ministry of Economy, who will publish it on your behalf. The applicants are also required to publish it in two local Arabic-language newspapers, for which he has to incur an additional cost.
4. After publishing it in two local language newspapers, members of the public have 30 days to voice an objection to your trademark.
5. If there has been no objection to your trademark within that period, the Ministry of Economy will issue a certificate of registration for your trademark.
6. This certificate is valid for 10 years, after that you need to renew this by paying an additional cost.

Process of renewal of trademark registration

After the expiry of the validity period, you will have to renew it within 3 months from the date of expiry. For each month that you delay for renewal, you have to pay AED 1000 as a fine.

The renewal process is similar to registration. Steps for renewal are as follows:

• Go to the service page and select ‘Trademarks’
• Select modification and maintenance services
• Select ‘trademark Renewal’
• Fill out the application form
• Submit a copy of the old registration certificate
• After submitting the application form, you will have to pay AED 6700 for the renewal
• After paying the required fee, the trademark will be renewed within 30 days.

For cancellation of trademark registration, follow the following steps:

• Visit the official site and select the ‘trademarks’ page
• Select ‘cancel registered trademark by owner request’ under modification and maintenance services.
• Fill out the application form and submit the required document along with a copy of the old certificate.
• After submitting the application form, you will need to pay AED 1500 for cancellation.
• After approval of your application, you will need to publish this in two local Arabic-language newspapers.

What are the Steps to Take to Renew Your UAE Trademark?

In the United Arab Emirates, registering a trademark is a necessary step for any business owner who wants to protect their brand. This helps to protect your brand and prevents others from using a mark that is similar to yours in connection with goods or services that are comparable to those you offer. However, registering a trademark is only the first step; in order to maintain legal protection for your brand, you will need to renew the registration on a regular basis.

The Federal Law No. 37 of 1992 on Trademarks in the United Arab Emirates requires that trademarks be renewed after every ten years. In order to maintain ownership of your trademark, you are required to submit an application for renewal to the UAE Ministry of Economy. This application needs to be sent in within the period of time that is exactly six months previous to the expiry of your trademark.

To renew your trademark, follow these simple steps:

1. Conduct a trademark search to ensure that no conflicting marks have been registered since you first registered your trademark.
2. Prepare the necessary documentation, including a renewal application and a power of attorney authorizing a trademark agent to file the application on your behalf.
3. Submit the renewal application and required documents to the UAE Ministry of Economy.
4. Pay the renewal fee.

Your trademark will be renewed for an additional 10 years when your application has been processed and the associated price has been paid. It is essential to keep in mind that failure to renew your trademark might result in the loss of protection as well as the inability to assert your legal rights against those who infringe on them. To prevent this from happening, you should make a note on your calendar to begin the renewal process well in advance of the certificate’s expiration date.

At KGRN, we understand that renewing your trademark can be a complex and time-consuming process. That’s why we offer comprehensive trademark services to help you navigate the renewal process and ensure that your trademark remains protected. Contact us today to learn more about how we can help you renew your UAE trademark.