UAE Trademark Law Takes a Big Leap with the New Regulation

This is the largest legal reform in the United Arab Emirates' fifty-year history. In view of the cutting-edge technologies used to create businesses' trademarks, the new laws offer more flexibility to accommodate unique trademark patterns and give them legal protection. The Emirates, since its independence in 1971, has quickly modernized and now provides favourable regulatory frameworks for foreign investors. An extraordinary reform programme in the history of the UAE has been launched in honour of the nation's 50th birthday and is based on a number of new and updated legislation.

As part of stricter protections for intellectual property (IP) rights with the goal of totally ending all such breaches, the UAE raised the penalty for trademark infringement to Dh1 million. All parties involved in the protection, registration, or avoidance of trademark infringement now come under the umbrella of IP, including investors, owners of overseas companies, project owners, lawyers, and providers of legal services. Additionally, it will benefit designers and expert?investors, concerning state and local government entities, and non-profit groups.

"New categories" of trademarks, such as those involving smell, sound, or holograms, will also come under the regulation. According to Cabinet Resolution No. 57 of 2022, these are a part of Federal Law No. 36 of 2021 regarding trademarks. Before submitting an application for worldwide registration, owners who wish to register their brands must first do so in the United Arab Emirates. Only brands that have been registered in the United Arab Emirates will be protected by law. Those who want their brands to be protected internationally must register by filing according to the Madrid system or, if the targeted country is not a party to this agreement, by applying directly to the country.

Abdulaziz Al Nuaimi, Assistant Undersecretary in the Commercial Affairs Regulation Sector at the Ministry of Economy, stated that “The Federal Law no. 36 of 2021 concerning trademarks is a new legislative step towards enhancing IP protection in the UAE.”

“The law establishes major rules for trademark owners within a barrier-free environment that promotes creativity and Innovation. It guarantees the growth and prosperity of their businesses and meets the aspirations of the country to transition into a sustainable, leading global economy based on knowledge.”

To put it in a nutshell, the new and expanded regulation includes the following points:

??Combat all types of commercial fraud, raise the standard of goods sold on the UAE market, and make the economy more appealing by partnering with top brands and companies from around the world.

??Foster the growth of Emirati brands and guarantee their global competitiveness.

??Provide legal protection for atypical trademark patterns while allowing for more flexibility to accept them in light of the new technologies being utilised to create corporate trademarks.