TRADEMARKS

According to Federal Decree Law No. 36 of 2021 on Trademarks, a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks, if they were used or intended to be used either to distinguish goods, products or services from whatever sources, or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it.

REGISTRATION OF A TRADEMARK

Ministry of Economy is the competent authority to register trademarks in the UAE. To register a trademark, customer can submit an online application via the ministry’s website. Registration documents include:

• Trademark logo
• A copy of the commercial license
• Power of Attorney
• Priority document
• Passport copy
• Other attachments.

WHO CAN REGISTER A TRADEMARK?

According to the above law, the following persons can register their trademarks:

1. The UAE citizens and natural and artificial persons practicing any commercial, industrial, professional or service business
2. Foreigners and natural and artificial persons practicing any commercial, industrial, professional or service business
3. Foreigners and natural and artificial persons practicing any commercial, industrial, professional or service business in any country on basis of reciprocity
4. Other artificial persons.

WHAT IS THE VALIDITY OF TRADEMARK IN UAE?

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. 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, licenses 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.

WHY EVERY COMPANY MUST HAVE THEIR TRADEMARK REGISTERED IN THE UAE

A registered trademark effectively safeguards the brand from counterfeit and helps business owners gain the trust of consumers. Introducing a new brand into a highly competitive market such as the UAE comes with a unique set of challenges that brand owners need to tackle effectively. Constant changes in the market, in technologies and in consumer behavior are prompting businesses to come up with fresh brand development strategies to stand out from their competitors. Protecting the brand’s value through trademark registration in Dubai is key – irrespective of the nature of the business. A registered trademark effectively safeguards the brand from competitors and counterfeit and helps business owners gain the trust of consumers. Here we critically analyze why trademark protection must be the top consideration while developing a brand strategy for your business.

A COMPANY’S GREATEST ASSET

Trademarks are the greatest assets a company can possess. A trademark’s value increases as the business matures or expands. The trademarks will be of immense value when a business is planning the following:

1. Diversification of products or services
2. Franchising through licensing
3. Selling the company

Under UAE law, expatriate brand owners are required to register their trademarks only through trademark agents in the country. Only trademark agents have access to the official gazette in which trademarks are published. Businesses must hire renowned and credible trademark agents in Dubai, such as (JIP), to effectively safeguard their brands. As an experienced IP service firm in Dubai, JIP ensures that your trademarks are adequately protected in the UAE as well as other GCC countries.

WHY IS REGISTRATION OF TRADEMARK IMPORTANT?

Registering your Trademark in the UAE is important for the following reasons:

• It provides protection to your brand by restricting the use of your mark by others.
• It can be used as a marketing tool to grow your brand and set yourself apart from your competitors.
• You can authorize another person to use the trademark in return for a licensing fee.
• You can sue someone in the UAE who copies your trademark or uses it without authorized permission.
• A registered trademark with goodwill can drastically increase the value of your business in case of resale.

HOW TO REGISTER YOUR TRADEMARK?

Contact experts like Far Consulting Middle East for registering Trademark, Patents and Copyrights in UAE. The registration of Trademark in UAE goes through following process:

1. Trademark search

2. Filing of trademark

3. Publication in the trademark journal

4. Publications in two Arabic newspapers

5. Registration fee