Dubai Trademark Ownership: Legal Perquisites, Laws & More

Thanks to the UAE’s world-class corporate network, businessmen and entrepreneurs from all over the world are coming to the country to set up their own businesses, which has contributed to further competition in the sector. Some businesses might also see their brand name or logo being replicated without their approval, which can have an effect on their company. This is where the registration of a trademark in the UAE can help. Legally registering your trademark, which may be a name or logo, in the UAE safeguards the business. In fact, you must be lawfully recognized as the purchaser of the products and services of the trademark.

What is a Trademark?

Trademarks are a brand name, logo or emblem used to distinguish products or services offered by a particular organization. The trademark can be name, words, logo, symbol, inscription, image, figure, or advertising used to identify a group of products, goods, and services either belonging to a specific person or coming from a certain place or source. Trademarks are permanent properties of extraordinary significance and interest and should always be regarded as such.

UAE Trademark Laws

As mentioned above, trademarks are names, logos, or short slogans that help distinguish a ‘good’ or ‘service’ from other goods and services in a particular geographic area. The Federal Laws of the United Arab Emirates provide protection for registered trademarks. The laws intended to safeguard the interests of both businesses and consumers in the country. The UAE Trademarks Laws cover the following main areas:

• Definition of trademarks
• Signs that can and cannot be registered as trademarks
• Registration and cancellation procedures for trademarks
• Transfer of ownership of trademarks
• Licensing others to use trademarks
• Penalties for trademark law infringement and general and transitory provisions.

The trademark registration in the United Arab Emirates includes the following steps: first, check whether the trademark being registered is entitled to protection in the United Arab Emirates (absolute grounds of refusal). Not all trademarks can be registered as trademarks. For instance, merely descriptive terms for the respective goods and services may not be registered as a trademark. To avoid collisions between your trademark registration in United Arab Emirates and older trademarks a trademark search should be conducted. Second, after a search, your trademark could be applied for registration in the UAE Ministry of Economy (UAE Patent Office) through the local patent attorneys.

Validity and Cancellation of Trademark

A registered trademark will be under legal protection in UAE for 10 years since the date of official TM registration. To keep trademark in force after 10 years – the owner should pay additional official fees to the UAE Ministry of Economy for further extension. The quantity of extensions for trademarks certificates is not limited.

The trademark certificate will be automatically canceled in case of liquidation of the right holder company. In this case no need to receive court decision for cancellation of trademark certificate. As per the United Arab Emirates Law, a concerned court shall, on a request from any interested party, may order the invalidation of Trademark certificate registration if it is proven that the trademark has not been practically used for 5 years.

Who Can Own A Trademark?

Pursuant to Article 6 of the UAE Federal Trademarks Law, Law No. 37 of 1992 and its amendments, the owner of a trademark can include (i) national natural or juridical persons carrying out any commercial, industrial, handicraft or services activity; (ii) foreign natural or juridical persons carrying out any commercial, industrial, handicraft or services activity in the State, (iii) foreign natural or juridical persons carrying out any commercial, industrial, handicraft or services activity in any country which treats the State according to the reciprocity principle and (v) public juridical persons.

Accordingly, a trademark owner can include individuals, companies in all legal forms (e.g., sole establishment, limited liability, public joint stock), and public judicial persons such as government entities.

The reputation of the business is dependent upon the trademark. When the trademarks are appealing to the customers, they attract the customers more. This also acts as an investment for the businessmen and they know how to use it in the right way. Businessmen know how important it is to think about the future. They invest and think about the future, take a step, and think about the future. This is the reason they know how fruitful it would be to register their trademarks on time. Riz & Mona Consultancy is one of the top trademark registrations in UAE with decades of experience in various fields, dealing with different industries. Our experts will help you with anything you need to be done in your company related to trademark registration. For assistance in preparing the trademark registration documentation, do not hesitate to contact our representatives in Dubai.