Trademark has immense significance in today’s competitive world. Trademark is the identity of any brand or company. Therefore, it is important to protect the trademark from anyone who sells counterfeit goods or services under the real trademark of a well-reputed brand.
This act not only destroys the brand’s image but also takes away a fair share of the brand’s revenue.
However, regulators give due importance to the protection of trademark in Dubai. Authorities in UAE register trademark which prevents the misuse of a brand’s goods and services.
Thanks to the authorities in the UAE, the brand can carry out their business activities without ever worrying about their trademark misuse. This increases the confidence of brands looking to start a business in Dubai.
Trademark Registration in Dubai
A trademark in Dubai can provide any brand or a company a distinct identity. In the UAE, name, logo, seal, figure, symbol, drawing, hallmark, engravings, and advertisement qualifies as a trademark.
By using all or some of these, any brand or a company can make its presence known to the consumers. For instance, any type of cloth with Puma written and a puma figure made next to the writing can only be sold at a licensed Puma outlet. Only Puma’s outlets can showcase and sell that particular piece of cloth. Therefore, the trademark of Puma will anything with the figure of puma animal and Puma written on it.
Importance of Trademark Registration
A trademark has substantial importance in your business or company as it provides protection to the owner by ensuring the exclusive right to use it when recognizing services or goods. You can also authorize other persons/companies to use the trademark in return for royalties.
Trademarks are a very effective marketing tool for new business owners to announce their presence in the market and establish itself as a trustworthy company. In case someone infringement with your trademark you may also be able to take legal action in a court of law.
Process of Trademark Registration
Any brand or company that wants to protect its identity in Dubai can easily register its trademark. Registering a trademark in Dubai is a simple and straight forward process.
Initially, the company will have to fill and submit an online trademark application form. The UAE Ministry of Economy will accept forms for trademark registration.
The UAE Ministry of Economy will assess the application. The Ministry holds the right to accept, reject, or order a change in the application.
If the UAE Ministry of Economy accepts the application for registering a trademark, the brand or company will pay a fee for the publishing of the trademark. The UAE Ministry of Economy will publish the registered trademark in the Official Gazette of UAE. Moreover, two local newspapers will advertise the trademark.
There is a month period in which anyone can register their complaint against the trademark in Dubai.
In case there are no complaints registered against the trademark in Dubai, the company has to submit a trademark registration fee. At this point, the trademark of the brand or company is registered in Dubai.
Once the trademark is registered, the following documents are given to the applicant:
- Registration number of the trademark in the UAE
- Date of registration of the trademark
- Copy of the trademark
- List of goods
The process of registration of a trademark in Dubai can take up to a few months to complete and the registration of a trademark in Dubai can cost from 8000 AED to 10,000 AED.
Required Documents for Trademark Registration
Following documents and details are required for filing a trademark in UAE:
- Logo of the trademark
- Copy of the trading license
- Proof of payment of a fee
- Passport copy
- Power of Attorney
- List of goods
- Contact details of the applicant
Who is Eligible to Register a Trademark in Dubai?
The following list gives an idea about who can register a trademark in Dubai, which is applicable throughout the UAE:
- Any individual
- Trade unions
- Other legal entities
The goods and services which are traded by the above-mentioned entities are given protection after registering a trade.
How often are Trademarks Renewed?
Trademark registration in UAE is valid for up to 10 years from the filing date of the application and is renewable for similar periods. The renewal fees of a trademark registration can be paid in the final year of the registered period. Also, a grace period of three months is acceptable for the late renewal of a trademark with a fine. Trademark renewal is also published in the Trademark Journal and also in two local daily Arabic newspapers.
Benefits of Registering a Trademark in Dubai
A trademark is the most important feature of any company. It enables the products of the company to stand out from the rest of the competitors. The benefits of registering a trademark in Dubai are the following.
A trademark registered in UAE provides security to the business of the company. The company can use the trademark to obtain loans from banks in the UAE.
The company that owns a trademark in Dubai has the only authority to use it in the market. The company that owns the trademark can only trade goods and services it protects. This stops the unauthorized trade of the goods and services of the company in the market.
The registered trademark enables a company to reap all benefits from the sale of its goods and services. A company with an unregistered trademark can never fully benefit from the sale of its products.
A company can benefit from the transfer of its trademark. Since the trademark in the UAE is transferable from one entity to the other, obtaining a trademark in Dubai can also be transferred.
How UAE protect Trademarks?
If you want a trademark in Dubai, it is important to know how UAE protects trademarks in general because the process is same.
Law protects every trademark in UAE. Severe punishments are handed to that individual or a company that is involved in trademark infringement.
These are the acts which lead to punishments in the UAE:
- An individual or a company which makes a copy of any registered trademark to earn profit and mislead the public
- The manufacturer who uses a registered trademark of another company and trade goods on it without legal permission
- Any individual or a company that makes a fake copy of any registered trademark to destroy the repute of a well-established brand
The above mentioned three acts are criminal offenses. It may lead to either imprisonment or fine of 5000 AED or both.
When authorities seize upon fake products, the court usually passes an order to either destroy the products or remove the registered trademark. The authorities also destroy tools, machines, and instruments used to make fake goods.
Trademark laws which are not protected
Every name, logo, seal, figure, symbol, drawing, hallmark, engravings, and advertisement cannot be registered under the trademark laws of the UAE.
Things which cannot be registered as a trademark in the UAE are:
- Any symbol that is inappropriate for public
- Any mark with no distinctive feature
- Flags of countries, Arab organizations, and international organizations
- Symbols, emblems, or logos of any domestic or foreign institution
- Logo of the Red Cross or Red Crescent
- Symbols and logos which only have religious features
- Name, logo, and symbol of any other company without approval
- Symbols and logos of any banned entities
- Logo, symbol, or tag lines which can misguide the public
- Copies of National coins, notes medals and official symbols
Moreover, in the UAE, a trademark can be anything but these words
- Copyright Concessionaire
- Registered Drawing
The list is long when it comes to the things and objects which cannot be registered as a trademark in the UAE. Therefore, any company or a brand that wants to set up their business and register their trademark in the UAE will have to pay close attention while finalizing their trademark.
We at Riz & Mona Consultancy, your personal business advisors are specialized in all the legal requirements related to business start a business in the United Arab Emirates. With our expertise and deep understanding of the legal system, we can help you get through the trademark registration process correctly and to ensure that you receive a positive result. Feel free to contact us and we’ll be at your service!