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Trademark Registration

Trademark Registration

Summary for United Arab Emirates

United Arab Emirates Trademark Service Charges.
 

Summary for UAE

The United Arab Emirates (UAE) has been a member of the Paris Convention for the Protection of Industrial Property since September 19, 1996. The International Classification of Goods and Services for the Purpose of the Registration of Marks under the Nice Agreement (9th edition) is followed in the UAE and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.

Federal Law No. 8 for the year 2002 amended some articles of the Federal Law No. 37 for the year 1992. The law covers the seven Emirates of Dubai, Abu-Dhabi, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain. A separate application has to be filed with respect to each class of goods or services. A certified translation of the trademark is to be submitted as well.

Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Trademark Journal as well as in two local daily Arabic newspapers and the cuttings of the notices are to be submitted to the Trademark Office. Any interested party may file a notice of opposition to the registration of the mark within 30 days from the date of any publication. The Registrar’s decision concerning the opposition may be appealed to the Committee and the Committee’s decision to the competent court. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.

A trademark registration is valid for 10 years as of the date of filing the application renewable for similar periods. The renewal fees of a trademark registration can be paid during the final year of the protection period.

A grace period of 3 months is allowed for late renewal with a fine. The renewal of a trademark is also published in the Trademark Journal and in two local daily Arabic newspapers. The ownership of a registered trademark can be assigned with or without the goodwill of the commercial enterprise. Unless an assignment has been recorded in the register and published in the Trademark Journal, the assignment shall have no effect vis-à-vis third parties. Changes in the name and/or address of the registrant must be recorded in order to protect rights. Registered user agreements, license and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well.

Use of a trademark is not compulsory for filing application for registration or for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration, if the owner fails to use such a trademark in the UAE for 5 consecutive years from the date of registration.

Illegal and/or unauthorized use of a registered trademark by any third party, use of a fake or counterfeit trade/service mark, application to one’s goods a registered trademark belonging to another party in bad faith, dealing in goods bearing a fake or counterfeit trademark, rendering services under a fake or counterfeit service mark, and use of a trademark that falls under certain categories of unregistrable marks are offenses punishable under the law in the UAE.

According to Decree No. 12 for 2002 issued by the Ministry of Trade and Commerce on February 3, 2002, payment of registration fees should be made within 60 days from the date of expiry of the opposition period or the date of receiving a decision from the Trademark Office regarding an opposition (if any). Based on this, our invoice covering registration charges will be issued at the filing stage in order to attend the payment of the official fees to the Trademark Office.

 

Requirements

Filing Requirements
Trademark/Service Mark/ Collective Mark Applications
1. A Power of Attorney duly legalized up to the Consulate of the UAE.
2. Twenty prints of the trademark/service mark. (Size: 6 cm x 6 cm)
3. A certified copy of the home/foreign application/registration, if priority is claimed.

Quality Control Mark Applications
1. A Power of Attorney executed by the applicant duly notarized and legalized up to the UAE Consulate. It is necessary to submit the legalized Power of Attorney at the time of filing the application.
2. Certified and legalized copies of the articles of incorporation of the legal persons who take care of the quality control and testing stating the amendments that have been made to the regulations.
3. The Minister’s approval to the registration of the mark. This will be obtained at our end.
4. Two copies of the list of goods to which the mark is used for the testing measures mentioning their specifications and quality.
5. A list of the persons who are going to use the mark.
6. Two copies of the rules, which the applicant follows in quality control and testing measures stating the amendment’s made thereto. It is possible to amend the rules of use after filing.
7. Twenty prints of the mark to be registered. (Size 6cm×6cm)
8. A list of the goods or services to be covered.
9. A legalized copy of the application filed for the mark, in case of claiming priority.
10. Meaning of the mark, if any or its origin.
 

Renewal of Trademark/Service Mark Registrations
1. A Power of Attorney duly legalized up to the Consulate of the UAE.
2. A copy of the certificate of registration of the trademark.

Assignment Applications
1. A Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE.

2. A duly legalized deed of assignment executed by both parties.

3. A simple copy of the registration certificate of the mark.

Registered User/License Applications
1. A Power of Attorney in the name of the licensee duly legalized up to the Consulate of the UAE.

2. A legalized copy of the license agreement executed by both parties

3. A simple copy of the registration certificate of the mark.

Change of Name/Address Applications
1. A Power of Attorney in the new name and/or address duly legalized up to the Consulate of the UAE.

2. A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile.

3. A simple copy of the registration certificate of the mark.


Agency Agreements
1. A Power of Attorney legalized up to the Consulate of the UAE.
2. For individual merchants, two copies of the following:
a. The commercial permit.
b. The entry in the commercial register.
c. The commercial agency agreement duly legalized up to the Consulate of the UAE.
d. The Arabic translation duly notarized, if the agency contract is not in Arabic.
e. The agent’s entry or identification card.
f. The Powers of Attorney duly notarized.
g. Two copies of the declaration.

Notes:
1. The originals have to be shown for checking when submitting the application.

2. The application is to be submitted in two copies each one in a separate file.

3. For companies:

a) All that was mentioned above in No. 2 and extracts of entries for all the partners or certificates from the Migration, Nationality and Passports Department stating that they are nationals.

b) Two copies of the Memorandum of Association and Articles of Incorporation duly legalized.