If you do business in the UAE, it is essential that you obtain a registered trademark. To do this, you must learn the official process of UAE trademark registration and familiarize yourself with trademark law. The UAE is an excellent place to do business. As one of the world’s leading hubs, there are constantly-growing opportunities for entrepreneurs and people starting companies of different sizes. Accordingly, the government is providing an increasing number of legal protections to help ensure that companies can operate in a safe and well-regulated environment.
Why Trademark Registration Matters in the UAE
If you want to establish a brand for your company – not only in the UAE, but anywhere in the world – it is critical that you get your own trademark and learn trademark registration process. If you come up with a great idea and fail to protect it, you could be subject to infringement on your idea from others. Particularly if you are operating in a highly-competitive environment like the UAE, you must take this step to preserve your intellectual property rights. When you do manage to secure your trademark in the UAE, it will afford you tremendous advantages. Considering the vibrant atmosphere in which you will be working, your ability to secure a trademark will provide you with much-needed credibility among potential partners and consumers. It can be a great boost to your company.
Who Can Register a Trademark in the UAE?
There are different categories of legal entities that are eligible to register trademarks in the UAE. This includes:
- UAE citizens who practice commercial, industrial, professional, or service-related company
- Foreigners who practice commercial, industrial, professional, or service-lrelated businesses
- International businesses operating in the country
Note that there are separate processes that must be completed for the mainland and the UAE free zones. Free zones have their own trademark laws, procedures, and business requirements. Before you get started, you should consider whether your business would be better suited to mainland activity or free zone activity.
What Can Be Registered as a Trademark in the UAE?
There is a specific list of elements that are considered acceptable for UAE trademark registration in Dubai and throughout the UAE that are part of the registration process. This includes:
- logos
- names
- symbols
- brand signature
There may be other particular less common entities that are eligible for UAE trademark registration. Check the government website if you have questions. You should also be aware of the fact that certain types of things cannot be registered. This includes phrases and symbols that might be considered offensive, terms that are overly generic, etc. Be sure to look up what you want to protect the ownership of and confirm with an official government source before you get started with trademark registration in UAE.
Step-by-Step Trademark Registration Process in UAE
Step 1: Trademark Search
Before you get started with the actual trademark registration process, it is important that you make sure your trademark is still available. If someone else has already taken it, you will need to either change your idea or abandon it trademark registration. To determine whether or not your trademark is available, you can look on the official government website at https://www.moec.gov.ae/en/trademark-inquiry. This page allows you to send an inquiry and find out for sure whether your trademark is available.
Step 2: Prepare Required Documents
Once you are sure that your desired registered trademark is available, the next step in the registration process will be to prepare a list of documents for your UAE trademark registration request. This includes:
- Your trade license
- Your passport
- Power of attorney
- Description of the trademark/logo design
- Any other relevant material
Step 3: Submit Application to Ministry of Economy
Once you have gathered together all of the documents required, you can submit your trademark registration application to the Ministry of Economy at www.economy.ae. You will need to submit trademark registration cost of AED 750 along with the registration application for your trademark certificate.
Step 4: Examination & Publication
When you submit your trademark registration application and your filing fees, you will receive a response within 90 days of your filing date. Authorities will check to make sure you submit all the required documents and that your trademark has not already been taken. Once it is approved, it will be published in the Official Gazette of trademarks and you will have a registration number.
Step 5: Opposition Period & Final Approval
Once you receive initial approval, the final step in the trademark application process is waiting for final approval before you receive your trademark certificate. There is an opposition period that takes place between publishing in the Official Gazette and certificate issuance. During this 30-day period, other entities that claim to have the same trademark have the right to complain and claim trademark infringement by other brand owners. If the claims are resolved in favor of the entity that is applying for the trademark, the final trademark registration certificate is then issued for registration in the UAE.
How Long Does It Take to Register a Trademark in the UAE?
In total, the total duration of trademark registration in UAE is a minimum of 120 days. This period could be longer for several reasons:
- if the trademark registration application is incomplete
- if the trademark is in violation of the requirements
- if the payment for the process is incomplete
To be sure that your application meets all of the requirements, it is recommended that you use an official service to help you through the process. The cost involved will easily be justified because you will not have to waste a lot of time redoing things.
Costs Involved in Trademark Registration
The trademark registration fees involved in trademark registration in Dubai and throughout the UAE include:
- The AED 750 fees for the application
- Relevant costs and fees for using a professional service
- Renewal fees of AED 6500 that you must pay after the initial ten-year trademark period expires
Common Mistakes to Avoid
There are also common pitfalls that you should keep in mind so that you can avoid them. These include:
- Choosing the wrong kind of trademark (one that is prohibited by the government)
- Neglecting to conduct a trademark search to ensure that your desired trademark is available
- Not securing legal assistance in the process. Even if you know the basic rules, there can always be details that can trip you up as you go along.
- Missing renewal deadlines. If this happens, you will have to start the entire process over from scratch.
- Trying to file a complaint with an unregistered trademark
Any of these things can delay your trademark registration in UAE significantly. Be sure to go through the list before you get started and make sure you didn’t miss anything.
Trademark Renewal and Duration
Again, the trademark period is valid in the UAE is ten years. After this time, you will need to renew your existing trademark in the trademark register or it will no longer be valid. You will have a six month grace period, after which you will be forced to start the process over from scratch. It is not guaranteed that you will be granted a new trademark in UAE the second time around, and this could hurt your status both among UAE nationals and on the global market.
Trademark Protection and Enforcement in the UAE
There is a specific legal framework for the enforcement of trademark in UAE protection in the country. If you are a rightful owner and your trademark has been infringed upon, you are able to file a complaint to the Ministry of Economy. The UAE courts play an important role in providing trademark owners with legal means to protect their rights. They can also impose penalties of various degrees on infringers.
Should You Use a Trademark Agent or Lawyer?
It would be to your advantage to employ the help of a trademark in UAE agent or a lawyer in the process of obtaining a trademark. While the basic rules might be straightforward enough, there are often subtle points that might cause you problems later on which only a professional can spot early on. Securing this type of help can help save foreign investors and SMEs from what might be major problems in the future.
If you have a brand that you want to solidify as your own, it is essential that you register your trademark while working in the UAE and comply with trademark law and undergo the UAE trademark registration process. The official status of having a registered trademark and owning a trademark registration certificate will not only lend you credibility among the professional community, but it will help protect you against potential infringement and unauthorized use by other entities and secure the integrity of your brand. When starting the trademark registration in UAE process, it would be to your advantage to seek the help of a professional.
