Trademark

What is trade mark?

A trademark means a unique sign or mark which represents a business and gives it a distinctive identification from others. Any of the following or the combination of them could be registered as a trademark – word, name, signature, picture, symbol, shape, color, seal, design, slogan, advertisement, or even packaging labels. It also builds the credibility of that business as it gives assurance to consumers, investors, and experts about certain quality levels. Businesses should register trademarks that can be easily associated with the products and services of the company. Trademark enables the business to gain additional financial benefits from its commercial use.

CLASSES OF TRADEMARK IN UAE

Trade mark are registered under a class system in the UAE. Each trademark class covers different products and services. There are 45 international classes and it is possible to register trademark in 44 classes in the UAE. A separate application is required for registration of trade mark in each class. It may be costly application and unnecessary to register your trade mark in classes that are not relevant to your goods or services. Thus, choosing the correct class is critical for necessary protection and avoiding unnecessary costs.

WHICH TRADEMARKS CANNOT BE REGISTERED IN THE UAE?

• Offenses against public morals and religions
• Public symbols (such as flags)
• Symbols such as for Red Cross and Red Crescent
• Names or titles of third parties
• Direct translations of other well-known trademarks

There may be additional limitations to what you can include in your trademark, which you can find out by contacting the Ministry of Economy.

Registration Process

• Make sure the trademark is not already registered
• Fill out the application form on the ministry of economy
• Pay the trademark registration fees in uae
• Wait for your application to be reviewed by the ministry of economy
• Publish the announcement in two local arabic-language newspapers
• Receive the trademark registration certificate

Documents Required for trademark registration in the UAE are as follows:

1. Trademark Logo
2. Copy of Trade License
3. Power of Attorney
4. Passport Copy
5. Priority Document
6. List of Goods and Services to be protected

Other documents may be required on a case-by-case basis. Once you have uploaded the necessary documents, you can submit the application.

TRADEMARK VALIDITY IN THE UAE

A trademark registered in the UAE has a validity of 10 years, after which it must be renewed for an additional cost. Bear in mind that registering your trademark only protects it in the seven emirates of the UAE, and not anywhere else in the world.

Benefits of Registering Your Trademark

Unique Identity

It protects the unique identity of your business

Exclusive Rights

You get to own the exclusive rights to your brand names, slogans, and logos

Infringement Protection

Ends imitation by prohibiting others from using similar marks or signs

Credibility

It increases the credibility and brand value and makes it an asset that can be sold, franchised, or licensed

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DISADVANTAGES

Renewal of registration

The trade mark has to be registered in every interval of 10 years

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Updates of Trademark (Catch Up the Details in next Article)

1. Multiclass applications
2. Assignment of pending applications
3. Appeal of Ministerial decisions go directly to the Federal Appeal Court
4. Duration of appeal to court
5. Well-known trademarks and bad faith
6. Phonetic Transliteration of Well-Known Trademarks
7. Temporary protection of trademark
8. Geographical indications (GI)
9. Sanctions and higher penalties
10. Recording of license agreements
11. Definition of marks
12. Publication of accepted trademark