TRADEMARK AND ITS PROCESS OF REGISTRATION IN UAE

A trademark is a brand name, symbol, or logo that distinguishes a company's goods or services. It can be a name, signature, letter, symbol, drawing, figure, inscription, picture, or advertisement that identifies a group of items, goods, and services as belonging to one owner or source.

TRADEMARK REGISTRATION PROCESS IN UAE

 The process of trademark registration in the UAE is simple but crucial to follow. If you wish to register your company's trademark in the United Arab Emirates, follow these steps:

• Make sure the trademark is not already registered

Before registering a trademark in the UAE, it's crucial to check if the trademark is already being used by another company. If the trademark is already in use, it cannot be registered. You can use Marcaria or other similar tools to search for the trademark online. Once you have confirmed that the trademark is available, you can move on to the next phases of trademark registration in the United Arab Emirates.

• Fill out the application form

To register a trademark in the UAE, visit the Ministry of Economy's website and fill out the online application form. The Ministry of Economy is the official authority responsible for overseeing trademark applications. To access the application form, go to the website's homepage and click on 'Services', then 'e-Services' from the dropdown menu. Once you've been redirected to the Services page, select 'Trademarks' and click on 'Trademark Registration' under the New Applications section.

 Complete the application form and attach the required documents, which include the trademark logo, a copy of the trade license, power of attorney, passport copy, priority document, and a list of goods and services to be protected. Additional documents may be required on the basis of the facts of the case. Once you've uploaded all the necessary documents, you can submit the application.

•  Trademark registration fees

Once you have filed your application for trademark registration in the UAE, you will be required to pay the necessary fees. The cost for registering a trademark or brand in the UAE is currently AED 8,700. However, it's important to note that this fee does not include any possible legal or translation fees that may be incurred during the registration process. To make the payment for trademark registration, applicants can visit the Ministry of Economy's website.

• Application reviewed by the Ministry of Economy

After you submit your trademark registration application in the UAE, the Ministry of Economy will review it. You must fill out the application accurately and completely, as any missing or incorrect information can result in your application being rejected. In case of rejection, applicants can revise or challenge their applications as needed.

If your application is error-free, the Ministry of Economy will usually approve it within 30 days.

• Publish the acceptance in two local Arabic-language newspapers

Once your trademark registration is approved in the UAE, it is mandatory to publish an announcement of your trademark in the official journal, as well as two local newspapers. To get your trademark published in the official trademark journal, you need to pay the Ministry of Economy AED 1,000, and they will publish it on your behalf. However, you also need to pay an additional fee to have the trademark announcement published in two local Arabic-language publications.

If someone wants to file an objection to your trademark, they have 30 days from the date of publication in the two Arabic-language publications in the UAE to do so. The Ministry of Economy will then consider the objection and either reject it or notify you of it.

However, it's important to note that the Ministry of Economy releases the notification at the end of each month, which means that applicants may have to wait for almost two months to have their trademark registered in the UAE.

• Receive the trademark registration certificate

Once the specified period has passed without any objections, the Ministry of Economy will issue a certificate of registration for your trademark in the UAE. The certificate will contain details such as the trademark registration number, trade name, owner's name, a description of the trademark, and a list of goods and services covered by the trademark.

• Trademark validity in the UAE

A trademark registered in the UAE is valid for 10 years and can be renewed for a fee after that period. It's important to note that trademark registration only protects your brand in the seven emirates of the UAE and not in any other part of the world.

• Trademark registration charges in the UAE

Registering a trademark in the UAE costs AED 8,700, with an additional AED 1,000 for publishing it in the official journal. Apart from these costs, there may also be additional charges for translations, legal assistance, and publishing the trademark in two local publications. If you opt to hire a trademark registration company to help you with the process, it will be more expensive.

Advantages and Disadvantages of filing the trademark in UAE

Trademark filing in the United Arab Emirates (UAE) can offer several advantages and also present some challenges. It's important to note that legal processes and regulations may change, so it's advisable to consult with a legal professional for the most up-to-date information. here are some general advantages and disadvantages of trademark filing in the UAE.

ADVANTAGES:

1.         Legal Protection: When you register a trademark in the UAE, it provides legal protection for your brand, preventing others from using a similar mark for similar goods or services. This protection is crucial for maintaining the distinctiveness of your brand.

2.         Exclusive Rights: Trademark registration provides exclusive rights to use the mark for specified goods or services, making it an invaluable asset in a competitive business environment.

3.         Business Credibility: A registered trademark can increase your business's credibility and trustworthiness, indicating to customers and partners that your brand is genuine and committed to quality.

4.         Enforceable Rights: In case of trademark infringement, a registered trademark provides a legal basis for enforcement actions. The trademark owner can take legal measures to stop unauthorized use and seek damages.

5.         Global Recognition: The UAE is a major global business hub. Registering your trademark in the country can enhance its international recognition, especially if you plan to expand your business overseas.

DISADVANTAGES:

1.         Cost: The process of trademark registration incurs costs such as application and legal fees, which can be significant for small and medium-sized enterprises (SMEs).

2.         Time-Consuming Process: Trademark registration in the UAE can be a lengthy process with varying approval and registration timelines, taking several months to complete.

3.         Language Barrier: Arabic is the official language of the UAE. Therefore, all documents submitted to the trademark office must be in Arabic. This requirement can be challenging for businesses unfamiliar with the language.

4.         Renewal Obligations: Trademark registrations in the UAE are valid for ten years and must be renewed to avoid loss of trademark rights.

5.         Local Presence Requirements: It is important to have a local business presence in some jurisdictions to register a trademark in the UAE. Compliance with these requirements is crucial for successful registration.

6.         Limited Protection: Trademark protection is limited to specific goods and services listed in the application. Others can register a similar mark for different goods or services.

CONCLUSION

It is strongly recommended to seek the assistance of a legal professional or a trademark agent who is well-versed with the local laws and procedures in Dubai. This will ensure that all the necessary requirements are met and the process is completed smoothly. It is important to keep in mind that the specific procedures and requirements for trademark registration may be subject to change. Therefore, it is always advisable to consult with local authorities or legal professionals for the most up-to-date information.

The advantages and disadvantages mentioned above are some of the general points that have been discussed. We have also provided a detailed view of the process of registering a trademark in the UAE. It is imperative that everyone follows the process and gets their mark registered.