Trademark Registration in Dubai, UAE

Incorpyfy’s expert guidance ensures a smooth trademark registration process.

Registered as a Trademark in the UAE

Brief Overview of the UAE Trademark Law

The United Arab Emirates has a comprehensive legal framework governing trademarks, outlined in Federal Law No. 37 of 1992 on Trademarks, as amended by Federal Law No. 8 of 2020. This law aims to protect intellectual property rights and prevent unfair competition by legally protecting registered trademarks within the UAE. It sets forth the requirements, procedures, and guidelines for trademark registration and enforcement.

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What is a Trademark?

A trademark is a distinctive sign or symbol that identifies and distinguishes the goods or services of one entity from those of others. It can be a word, phrase, logo, design, or a combination thereof. Trademarks play a crucial role in building brand recognition, establishing goodwill, and protecting a company’s reputation and market share.

What are the benefits of trademark registration?

Registering a trademark in Dubai and the UAE offers several significant advantages:

  1. Legal Protection: Registered trademarks are legally protected from unauthorized use, counterfeiting, and infringement, providing the owner exclusive rights to use the mark.
  2. Brand Recognition: A registered trademark enhances brand recognition and helps customers quickly identify and differentiate your products or services from competitors.
  3. Commercial Value: Trademarks can be valuable assets for a business, contributing to its overall commercial value and potential for growth and expansion.
  4. Deterrent Against Infringement: Registered trademarks act as a deterrent against infringement, as infringers can face legal consequences and financial penalties.
  5. Ease of Enforcement: In case of infringement, a registered trademark provides more vital legal grounds for enforcement and recovery of damages.

What Cannot Be Registered as a Trademark in the UAE?

Not all signs or symbols can be registered as trademarks in the UAE. The UAE Trademark Law prohibits the registration of certain marks, including:

  1. Marks that contradict public order or Islamic teachings.
  2. Marks that are misleading or deceptive about the nature, quality, or geographical origin of the goods or services.
  3. Marks that are identical or confusingly similar to well-known marks unless owned by the same entity.
  4. Marks that consist solely of generic or descriptive terms related to the goods or services.
  5. Marks that include state emblems, religious symbols, or official signs without proper authorization.

Trademark Registration Requirements in the UAE

The requirements for trademark registration in the UAE may vary depending on the type of applicant. Here are the key requirements for different categories:

For Individual Applicant

  1. Identification Documents: A copy of the applicant’s valid passport or Emirates ID card.
  2. Proof of Address: A utility bill or other document confirming the applicant’s residential address in the UAE.
  3. Power of Attorney (if applicable): A notarized Power of Attorney is required if the application is filed through a representative.

For Company/Business

  1. Commercial License: A copy of the company’s valid commercial license issued by the relevant authority in the UAE.
  2. Memorandum of Association: A copy of the company’s Memorandum of Association, which outlines the company’s objectives and activities.
  3. Power of Attorney: A notarized Power of Attorney authorizing a representative to file the trademark application on behalf of the company.
  4. Identification Documents: Copies of valid identification documents (e.g., passport, Emirates ID) of the company’s authorized signatory.

For Foreign Company

  1. Certificate of Incorporation: A certified copy of the company’s Certificate of Incorporation or equivalent document from the home country.
  2. Power of Attorney: A notarized Power of Attorney authorizing a local representative or agent to file the trademark application in the UAE.
  3. Legalization: Depending on the country of origin, certain documents may need to be legalized (e.g., apostilled or certified by the UAE embassy).
  4. Translation: Certified translations may be required if the original documents are not in Arabic or English.
  5. Local Address: Foreign companies must provide a local address in the UAE for correspondence.

Trademark Registration Cost in Dubai

The cost of trademark registration in the UAE can vary depending on several factors, including the number of classes covered, the type of applicant, and any additional services required. Here is an overview of the typical costs associated with trademark registration in Dubai and the UAE:

ServiceCost (AED)
Official Filing Fee (per class)6,000 – 8,000
Publication Fee1,000
Issuance Fee1,000
Renewal Fee (every 10 years)6,000 – 8,000
Professional Service Fees*Varies

*Professional Service Fees may include costs for trademark search, application preparation, representation, and other related services provided by Incorpyfy or other legal service providers.

Please note that the costs mentioned above are subject to change and may vary based on the latest updates from the UAE Trademark Office. Additionally, there may be additional fees for specific services or circumstances, such as expedited processing, oppositions, or appeals.

It’s important to consult with our experienced team at Incorpyfy to obtain an accurate and up-to-date cost estimate for your specific trademark registration requirements. We can provide personalized guidance and support throughout the process, ensuring a smooth and cost-effective registration experience. Our professionals have in-depth knowledge of the trademark registration process. They will work closely with you to understand your unique needs. We will provide:

  • Tailored advice and recommendations.
  • Taking into account factors such as the number of classes.
  • The complexity of the trademark.
  • Any potential conflicts or objections.

With our expertise, we can help you navigate the process efficiently and avoid any unnecessary delays or expenses. By leveraging our services, you can have peace of mind knowing that your trademark registration is in capable hands and your intellectual property is protected.

Process of Filing an Application for Trademark Registration in the UAE

At Incorpyfy, we understand the importance of protecting your brand’s identity and ensuring a smooth trademark registration process. Here’s how we guide you through the process of filing an application for trademark registration in the UAE:

  1. Trademark Search: We conduct a comprehensive trademark search to ensure that your proposed mark is available for registration and does not conflict with existing trademarks. This step is crucial to avoid potential conflicts and objections during registration.
  2. Application Preparation: Our team of experts assists in preparing the necessary documents and forms required for the trademark application. This includes determining the appropriate classes under which your goods or services should be registered based on the Nice Classification system.
  3. Filing the Application: Once all the required documents are in order, we will file the trademark application with the UAE Trademark Office on your behalf. This involves submitting the application form, representing the trademark, and providing supporting documents.
  4. Formal Examination: The UAE Trademark Office conducts a formal examination of the application to ensure compliance with legal requirements and that the proposed mark is not identical or confusingly similar to existing trademarks.
  5. Publication and Opposition Period: If the formal examination is successful, the trademark application is published in the official gazette. This initiates an opposition period during which third parties can oppose the registration if they believe their rights may be infringed.
  6. Responding to Objections: In the event of an opposition or objection, we work closely with you to address the concerns raised and provide a strong defense for your trademark application.
  7. Registration and Issuance of Certificate: If no objections are raised or any objections are successfully overcome, the UAE Trademark Office will approve the registration and issue a trademark registration certificate.

Conducting a comprehensive trademark search before filing a formal application is crucial for several reasons. Firstly, it helps ensure that your proposed trademark is available for registration and does not conflict with existing registered or pending trademarks. This can help avoid potential objections, oppositions, or legal disputes during registration. Additionally, a trademark search can reveal if there are any similarities with well-known marks, which could lead to a refusal of registration. You can identify potential risks and make informed decisions about your trademark strategy by conducting a thorough search.

In the UAE, trademark registration is valid ten years from the filing date. After this initial period, the registration can be renewed for subsequent 10-year periods by paying the required renewal fees.

A patent is a form of intellectual property protection that grants an inventor the exclusive right to make, use, and sell their invention for a limited period of time, typically 20 years. It applies to new and inventive products, processes, or improvements. On the other hand, a trademark is a distinctive sign or symbol that identifies and distinguishes the goods or services of one entity from those of others. It is used to promote brand recognition and prevent consumer confusion. While patents protect inventions, trademarks protect brand identities and commercial identifiers.

Copyright is a form of intellectual property protection that grants creators exclusive rights over their original literary, artistic, musical, or other creative works. It protects the expression of ideas, not the ideas themselves. Unlike trademarks, which protect brand identities, copyrights protect the creative expression of authors, artists, composers, and other creators. Copyrights arise automatically upon creating an original work, while trademarks must be registered to obtain legal protection.

Yes, it is possible to register your name as a trademark in the UAE, provided that the name is used in the course of trade or business to identify goods or services. However, the registration process may be more complex if the name is considered descriptive or lacks distinctiveness. Additional evidence of acquired distinctiveness through extensive use may be required.

There are several options for obtaining international trademark protection, including:

  1. Madrid System: The Madrid System for the International Registration of Marks, administered by the World Intellectual Property Organization (WIPO), allows you to file a single application and designate multiple countries where you seek protection.
  2. National filings: You can file separate national trademark applications in each country where you want protection. This approach can be more time-consuming and expensive. Still, it may be necessary for countries that are not members of the Madrid System.
  3. Regional filings: You can file a regional trademark application covering multiple member countries for specific regions, such as the European Union or the Gulf Cooperation Council (GCC).

In the UAE, any interested party can challenge the registration of a trademark by filing an opposition within the prescribed period after the publication of the trademark application. Grounds for opposition may include:

  1. Similarity to an earlier registered or well-known trademark could lead to confusion or deception.
  2. The trademark is descriptive, generic, or lacks distinctiveness.
  3. The trademark is contrary to public order or Islamic principles.
  4. The trademark includes official state emblems, flags, or symbols without authorization.
  5. The applicant is not the legitimate owner of the trademark or has no bona fide intention to use it.

Additionally, even after registration, a trademark can be challenged and potentially canceled if it is proven to have been registered in bad faith or violation of legal requirements.

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