Registering your trademark while beginning a new business will protect it as well as provide you the ability to prohibit other firms from selling items or services under the name of your brand. Among the types of trademarks that may be applied to products are brand names, company names, logos, words and phrases, and even sounds.
Trademarks are classified into a variety of categories based on whether they are used to identify products or to distinguish services. When establishing a business, you may be able to sell a wide range of products and services.
Overview of the foundations of trademark registration in the UAE
When discussing trademarks, what exactly does it mean to refer to something as a “mark”? A trademark is a brand name that is frequently used in commercial settings as an identifying symbol to differentiate the goods or services offered by one firm from those offered by other organizations. Any combination of the following elements can function as a trademark: a name, a word, a phrase, a logo, a symbol, a design, an image, or any combination of the components listed above. Aside from these conventional categories, there are also non-traditional trademarks that have characteristics that do not fall into these standard categories. Some examples of these non-traditional trademarks are those that are based on color, scent, or sound (such as jingles).
A trademark is only considered valid if it can be easily differentiated from other similar marks, and the only way to claim ownership of it or receive legal protection for it is to register it in the appropriate manner with the relevant authorities.
In what ways does trademark registration assist the owner of the mark? The following are the most significant advantages of trademark registration:
Under UAE law, what is the process for recognising and naming a trademark?
According to UAE Federal Law Number (37) of 1992, a trademark is defined as a distinguishing feature of a product that can be identified by its names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packaging, or any other similar mark. A trademark can be created by combining two or more of the following elements: To put it another way, every distinguishing design feature of the product is included.
Next, the legislation states what does not qualify as a trademark, including the following examples:
What is the best way to determine whether or not my trademark has previously been registered? As stipulated in article 5 of UAE Federal Law (37) of 1992, the Ministry of Economy maintains a Trademarks Register in which all trademarks, names of their owners and types of activities carried out by them are recorded, as well as any conveyances, assignments, transfers of ownership, mortgages or licences for the use of such marks, as well as any other changes to the trademarks register.
Every application will be scrutinised by this register, and if a proposed trademark is already in use, the application may be refused.
What exactly is a trademark classification system, and how does it work?
Trademarks are registered in the United Arab Emirates utilising a ‘class’ system, which has 45 different classes. There are many trademark classes, each of which covers a specific category of items and services. Each kind of trademark registration requires the submission of a separate application. It may be prohibitively expensive and inefficient for you to register your trademark in classes that are unrelated to your products or services; thus, selecting the appropriate class is crucial for obtaining the required protection and avoiding unnecessary costs.
What’s the difference between a brand and other types of intellectual property?
A trademark is a kind of intellectual property that is connected with logos and brand names and is protected by law. The following are some of the methods in which firms may safeguard their intellectual property:
In the event that you are still on the fence about registering a trademark in the United Arab Emirates, please contact us for a consultation and we would be happy to help you with registering a trademark in Dubai or anyplace else in the United Arab Emirates.
At KGRN, we take pride in giving each of our clients the attention and answers they need to meet their specific goals. We’ll work with you closely to learn about your business and your goals, and then we’ll come up with a trademark plan that fits your needs and your budget.
So, don’t wait to get in touch with KGRN if you want to register a name in Dubai or the UAE. Our team is ready to help you and give you the expert advice and support you need to protect your brand and do well in the tough UAE market.
Here are the steps for how to register a trademark in Dubai and Sharjah.
Your company’s logo must be registered. When you register a trademark in Dubai, it will be listed in all seven states.
- After doing a lot of study on what a trademark is, the company will make sure there is no conflict, which means there is no other trademark that is the same. If there are few or no problems, the process will go smoothly and without problems.
- In the next step, you’ll make sure that the name fits with the products and services you sell. After that, you’ll have to pay the fee.
- The copyright office of the United Arab Emirates will look at the mark and let you know if there are any problems. After the problems have been fixed, you can send in your application to register your brand. The trademark office will then add your trademark to the official list of trademarks in a book. Before this step, the registration fee should be deposited. Under the new rule, applications have 30 days to send in their fee. The process will end after that.
- In this step, the registration process will begin, and your trademark will be filed within the time limit.
Usually, it takes between 18 and 24 months to register a brand if nothing goes wrong along the way. If you decide to get a business license, you should start the process as soon as possible because it takes time. The registration will be good for 10 years after you get it. After that, you’ll have to go through the registration process again to get a new ten-year license.
Applying for Trademark Registration in Dubai
In Dubai, trademark applications are submitted to the office of the Ministry of Economy. The advantages of registering a trademark include the ability to distinguish your brand from those of your competitors. Additionally, it helps maximise the value of the enterprise. In addition to safeguarding your business in the UAE, a trademark can also be used as a marketing tool to expand it.
To prevent infringement of intellectual property rights, use Vakilsearch’s Trademark Name Search to locate previously registered trademarks.
On the Ministry’s website, the application procedure follows these steps :
- Visit the homepage and select “services”
- Click on ‘e-services’ in the drop-down
- Select ‘trademarks’
- Then click on “global trademark registration”
- Go to “new applications”
Timelines for Processing Trademark Application in Dubai
- Typically, the Ministry of Economy requires 30 days to decide whether or not an application is approved.
- The application will be published in the Ministry of Economy’s newsletter upon approval. Additionally, two periodical publications must be paid for by the applicant.
- The ministry allows thirty days for objections to be voiced regarding the registrations. Extra 15 days to submit clarifications on the raised objections.
Documents Required for Trademark Registration
The documents required for trademark registration in the UAE are as follows:
- Incorporation certificate
- Applicant identity proofs
- Power of attorney
- Business description
- Priority document
- Classification as per norms as per the Trademark Register Laws of UAE
- The image of trademark/logo in soft copies (colour – black and white )
- If registered in another country, the certificate of trademark registration
- Translation of words in the trademark
- Other documents unique to the application
Application Fee for Trademark Registration in Dubai
- For registration, applicants pay a fee. The application fee doesn’t include publication costs
- Under a ‘class’ system in the UAE, they register the trademark. Each trademark class covers different products and services
- Likewise, there are 45 international classes and it is possible to register trademark in 44 classes in the UAE
- A separate application is necessary for trademark registration in each class.
Stages in Application Processing
- Formal Examination is a primary examination period that ensures that the applications conform to the requirements laid out.
- Substantive examination is a crucial stage of the application process examining whether the trademark is substantively registrable.
- Trademark amendment and renewal: At this stage, applicants may ask for an amendment and renewal.
- Trademark announcement: It is necessary to publish in the official trademark gazette and announcement of your trademark in the official journal and two local newspapers.
How Long is a Trademark Valid in Dubai?
Trademarks in Dubai have a validity of 10 years from the date of applying. The applicant has to renew the trademark after that for another period of ten years. Further, this registration only protects the trademark in the seven emirates of the UAE, and not anywhere else in the world.
Don’t wait any longer. Contact us today to learn more about our trademark services and how we can help you take your business to the next level.
