Trademark registration is crucial for businesses in the UAE to establish a unique brand identity and compete effectively.
Registered Trademark allows businesses to build consumer trust and protect their intellectual property rights.
What is a Trademark?
According to Article 2 of Federal Decree-Law no. (36) of 2021 concerning Trademarks, “A Trademark is everything that takes a distinctive shape of names, words, signatures, letters, Symbols, numbers, addresses, seals, Drawings, Pictures, Engravings, packaging, graphic elements, forms, color or colors or a combination thereof, a sign or a group of signs, including three-dimensional marks, Hologram Marks, or any other mark used or intended to be used to distinguish the goods or services of a facility from the goods or services of other facilities, or to indicate the performance of a service, or to conduct monitoring or examination of goods or services. A distinctive sound or smell may be considered as a Trademark.”
Trademark Registration in the UAE
The Ministry of Economy administers trademark registration in the United Arab Emirates and holds significant importance for businesses looking to succeed in this dynamic market. The UAE is a growing business hub. Therefore, the country offers exclusive rights to the registered trademarks by providing them with legal protection, making it a desirable destination for businesses worldwide.
Importance of Trademark Registration
- Brand Stability
Trademark registration increases the credibility of the business by building brand recognition. Therefore, registering the Trademark allows the customers to develop loyalty by distinguishing business products and services from competitors.
- Legal Protection
One of the utmost importance of registering a trademark is that it prevents infringement by providing businesses with legal protection. This legal protection gives exclusive rights to the Trademark to use it for their services and take legal actions against those who attempt to use a similar brand.
- Business Value
With trademark registration, the overall business value increases because it is considered a valuable asset that can be sold, licensed, and used to take loans. This makes the business a source of additional revenue that can be utilized at the time of need.
- Global Expansion
The UAE trademark registration provides businesses with an opportunity to expand their business nationally as well as internationally. Once registered, it opens doors for companies to undergo trademark registration in other countries, promoting the brand globally.
- Effective Marketing Tool
Trademark registration is a strategic marketing move that signals the consumers that the business is committed to quality and is invested in its brand.
Trademark Registration Process in the UAE
- Search for Availability
Before filing for trademark registration, the business must ensure that another company already uses no identical trademark mark.
- Application Submission
Next, the business in the UAE should prepare and submit the application for trademark registration to the Ministry of Economy. The application process involves filling out the required forms, submitting the necessary documents, and paying the registration fees.
- Examination and Publication
The Ministry will examine the application to ensure it meets Regulation of Federal Decree-Law no. (36) of 2021. If the Ministry accepts the registration of the Trademark, the Trademark will be published in the Ministry’s Bulletin for a period during which objections can be raised.
- Opposition Period
During the publication period, any interested party may file an objection within thirty days from the publication date. The opposition period allows for any potential conflicts to be decided before the Trademark is officially registered.
- Registration and Protection
Once the opposition period has passed without any objections, the Ministry shall decide on the registration application within ninety days of filing the application, provided that it fulfills the requirements. The approval of the application certifies that the business has exclusive rights to use the Trademark in the UAE.
Who Can Register a Trademark?
Both natural and artificial persons are eligible for trademark registration. Emirates and foreigners involved in commercial, industrial, professional, or other services can register a trademark like Far Consultant Middle East.
Key Considerations:
To register a trademark, it is essential for the businesses to keep in view the following points:
- Trademarks should be unique and distinct from other trademarks that were previously filed.
- They should not breach the public morals or violate the public order.
- They should not mislead the public or contain false information.
- They should not include flags, military and honor symbols, and other symbols of the UAE or other countries.
- They should not resemble symbols having a religious nature.
- They should not include Red Crescent or Red Cross symbols and similar trademarks.
