Frequently Asked Questions

Frequently Asked Questions

  1. What is a trademark?

    A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

    The modern concept of brands encompasses trademarks, trade names, corporate names, domain names and geographical indications.

  2. Why is a trademark search necessary before filing a formal application?

    Trademark search at the Trademark Registry helps you find out whether anyone else has prior rights to your proposed trademark. This essentially helps you determine if your application will have chances for success. This step is highly recommended before any trademark application is filed in the UAE.

  3. How do you know whether you mark is new or not?

    The best way is to conduct and/or arrange for searches of the relevant local and international databases (some of which can be accessed by subscription or by attendance only), to see whether there are any marks similar to yours already registered or for which an application for registration has been filed.

  4. Is it compulsory to register a Trademark in UAE?

    No, but registration has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the Goods or service set forth in the registration. Obtaining the rights in a trademark means obtaining the right to prevent others from using the same or a similar mark on the same of similar products or service.

  5. Do I Need To Be Using My Trademark To Register It?

    No, but you must have a bona fide intent to use the mark in interstate commerce.

  6. Can I register my own name as a trademark?

    Typically, you would not be able to register a proper name such as yours, as a trademark. The only exceptions maybe if you can show that your name has become identified in the minds of the public with your specific goods and/or services.

  7. Can you trademark a catch phrase, or slogan?

    Trademarks are the characteristics of goods or services. Provided that a catch phrase/slogan meets the requirements, it can be registered as a trademark.

  8. Do I need a trademark or copyright for my business name?

    Business names together with product names, labels, and logos can all be registered as trademarks. Trademark registration in UAE is the best course to take for brand protection.

  9. Which organizations are responsible for trademark and copyright registration in UAE?

    Ministry of Economy is responsible for handling both trademark and copyright registrations in the UAE

  10. What information is required to file a Trademark Application?
    • Passport
    • Visa
    • Emirates id copy of authorized signatory
    • Trade license
    • Description of goods/services
    • Digital Copy of the logos in jpeg format
    • Notarized Power of Attorney if applicant is in UAE, or else the Power of Attorney should be legalized up to the UAE consulate in the applicant’s country.

       

  11. How far does the protection in UAE extend?

    United Arab Emirates is a union of seven Emirates and filing a trademark application in UAE, will cover all these seven Emirates namely Abu Dhabi, Dubai, Sharjah, Ajman, Umu-Al-Quwain, Fujairah & Ras-Alkhaimah.

  12. Is it possible to file a single application covering all the GCC countries including UAE?

    Not possible. A separate national application should be filed for each country.

  13. What is NICE Classification? Did UAE adopt the nice classification? If yes, which edition?

    The Nice Classification of Goods & Services is an international classification created for the purpose of registration of trademarks. The Nice Agreement is what most countries around the world follow and was first adopted in 1957. It establishes 45 classes. Classes 1 – 34 are for goods/products, while classes 35 – 45 are for services. Yes, UAE has adopted the 10th Edition of the NICE Classification.

  14. Is it possible to file a multiclass application in UAE?

    No. A Separate application must be filed for each class.

  15. How to obtain the maximum protection in a particular class?

    Filing a trademark claiming the class heading in addition to specifying other items of the applicant’s interest in the application will provide the broadest protection.

  16. Is it necessary that the Applicant’s details (Name & Address) mentioned in the Power of attorney should match to the details mentioned in the Application?

    Yes, the details mentioned in the Power of attorney should conform to the details mentioned in the application.

  17. Is it necessary to legalize the Power of Attorney?

    Yes. The Power of Attorney should be legalized up to the UAE consulate in the applicant’s country.

  18. Can bar services & night club services be registered in the United Arab Emirates?

    No. The UAE Trademarks Office considers that bars, clubs, casinos, and related services are contrary to public order and therefore are not registrable as a matter of law.

  19. Is it possible to register a mark for Pork meat in UAE?

    No. Pork meet is not allowed to be registered

  20. What is the difference between “™” & “®”?

     "TM" symbol on a logo means that a trademark application has been filed for that particular logo but it has not been fully registered yet. However, an "R" symbol denotes that the logo has officially been registered as a trademark.

  21. Can I use the ® symbol even if my trademark is not yet registered?

    No, this symbol can be used only when the status of the Trademark is “registered”. The ®symbol serves to notify that a trademark is effectively registered and cannot be used if this is untrue. Thus, this sign cannot be used even with if the applicant has merely applied-for trademark.

  22. How long does a Trademark Registration last?

    A trademark registered in the UAE has a validity of 10 years, after which it must be renewed for an additional cost.

  23. What can I do if someone is using my trademark?

    You can stop someone from using your trademark if you can show that you are the first user of the trademark and that their use of the trademark is likely to cause confusion among consumers. 

  24. If two people are using the same mark and neither is registered, who has more rights?

    If two people are using the same trademark and neither is registered, each party would have common law rights that are limited to their geographical reach. However, if the geographical reach as well as the field of goods or services overlap one another, then the party who can establish an earlier date of use of the trademark would generally have “prior rights.”

  25. Who can challenge the registration of my trademarks?

    Registration of a trademark can be challenged by a third party who may claim prior rights to the trademark. Typically, this happens at the time of publication of the trademark in the Trademark Journal and local newspapers as part of the registration process. In case of a challenge, the necessary process is required to be followed before an application can be finally successful.

  26. If an application is refused, what actions can be taken?

    An appeal can be filed against the registrar decision within the non-extendible deadline (30 days), otherwise, the application will be cancelled at the Trademark Office automatically.

  27. How can I loose my trademark?

The trademark certificate will be automatically cancelled in case of liquidation of rightholder company. In this case no need to receive court decision for cancellation of trademark certificate. As per the United Arab Emirates Law, a concerned court shall, on a request from any interested party, order the invalidation of Trademark certificate registration if it is proven that the trademark has not been practically used for 5 years. Additionally, the registrant will also loose protection of the Trademark if the same is not renewed within the stipulated time period.