The United Arab Emirates is currently one of the top locations for doing business due to the numerous incentives and advantages offered by the local government including zero taxation, ease of administration and a highly advanced infrastructure.  It is not surprising that because of its immense and innovative market, trademark registration in the UAE is also gaining a lot of popularity amongst foreign investors over the past few years.  More so, just like the corporate sector, the process of trademark registration is handled with ease, minimal bureaucratic requirements and paperwork and at a relatively fast processing time compared to other jurisdictions.  In general, a trademark can be fully registered and ready for use in as little as four months, provided that the application is submitted correctly and there is no objections or oppositions from any third parties.  However, having said that it is worth noting that each case is different and some require more detailed examination that can increase the overall processing time.

Benefits of Trademark Registration in the UAE

• Trademarks and their proprietors enjoy enhanced protection in the UAE.  Any infringements and unauthorized use are prosecuted quite severely with very hefty fines, goods confiscation and even prison time.
• The UAE is a party to the Trade-Related aspects of Intellectual Property Rights (TRIPS) agreement and the Paris Convention.  This means that the protection of UAE registered trademarks can be extended to any of the member nations of the World Trade Organization (WTO).
• The UAE does not impose restrictions on trademark registration proprietors’ nationality or residence.  Any foreign individuals or international companies can register a trademark in the UAE.
• A UAE trademark is valid for 10 years with a possibility for renewal every ten years indefinitely.
• The UAE allows the registration of trademarks in any language or form, provided that upon submission of the application a translation into English and Arabic languages are provided by the applicant.  Moreover, every trademark registered in the UAE is automatically registered in Arabic language as well as the language of origin, which offers an invaluable advantage for extended protection from brand duplication on the Arab-speaking market.

Procedures 

• Firstly, it is highly advisable that a detailed and careful search is done by the applicant prior to submission of the application.  This will ensure that your trademark is not already in use by another enterprise or brand and help avoid any unnecessary delays and rejections by the Registry.  Our firm can assist you with this search on multiple international platforms and can also advise you on any particularities and limitations posed by the UAE authorities when it comes to trademark registration.  As a rule, the UAE does not accept trademarks that utilize offensive language or disrespectful terms aimed at public morals or religion, public symbols such as flags nor Red Cross or Red Crescent symbols, names and titles of third parties and of course direct translations of other existing trademarks.
• Once you have conducted your search and have made sure that your trademark is in line with the UAE regulations an application can be filled and paid for on the online system of the Ministry of Economy - the officially recognized authority for trademark registration in the UAE.   This application will need to be accompanied by the following list of documents: A precise and exact representation of the trademark itself, identification documents and contact information of the proprietor along with the trade license and priority document where applicable, a duly signed power of attorney and a list of goods or services that are to be protected by the trademark.  Please note that the UAE does not permit trademark registrations for any business related to trade or production of alcoholic beverages.   Furthermore, on a case-by-case basis, during the examination stage of the application the registry may request additional documentation or information.  Our firm can professionally handle the entire process, assist with the Arabic translations and ensure that the application is filled correctly and in accordance with the local requirements from the start.
• When the application is submitted, it will take the Ministry of Economy approximately 30-60 days to review and evaluate the application.  If the application was submitted incorrectly or is missing information, the Ministry of Economy will automatically reject the application providing a reason for its dismissal.  The applicant will then be given a period of 30 days to make the necessary amendments and appeal, before the application will be permanently considered as dismissed.
• Upon receiving initial clearance from the Ministry of Economy, the applicant will be asked to pay for the publishing of the trademark application in two local newspapers for a period of 30 consecutive days.  The publication will be printed in Arabic language and will contain all the details of the application and trademark representation, its date of submission, goods and service class as well as the name and address of the applicant.  The reasoning behind such a publishment is to inform the general public and other local business owners of your intent to register and claim the rights to the trademark and allow them to submit an official objection in the case that there is a conflict of interest or unaccounted duplication.  In the case of an objection, our legal team can help you defend your trademark rights in court and handle any legal proceedings or claims.
• Should there be no filled objections, 30 days after the last publication, the Ministry of Economy will proceed with the registration of the trademark and issue a certificate of approval which will contain the trademark itself, the date and number of filling, the name of the proprietor and the list of good and services that fall under the protection of the trademark.

Although the trademark registration process in the UAE is a fairly straightforward process, there can always be some unforeseen circumstances and particularities that can complicate the process or be grounds for rejection.  At Arnos, we are well equipped and experienced to handle even the most complex cases and legal appeals.  As well-stablished registered agents for RAK International Corporate Center, RAK Economic Zone among other jurisdictions worldwide, our team has the multinational legal knowledge and the practical local know-hows to provide a whole range of quality services whether it be in trademark, copyright or patent registration and defense, company formation, compliance and administration, general tax assessment or any form of legal support.

Contact us today for a free consultation from one of our experts.