Filing an International Trademark from Dubai: What You Need to Know

In the fast-growing economy such as the one in the UAE, with competition levels being very high and with the brand identity being one of the crucial elements in business success, the protection of your brand is not a choice but a must. 

Trademark registration forms one of the best method of protecting your brand. As a startup or even an already established company, there is great importance to how your trademark will be registered in UAE and, probably, even on an international level as well.

In this blog, Trademarks.ae will give you a detailed and step-by-step account of how the process of trademark registration in UAE takes place along with how it is linked to international protection under the Madrid Protocol.

Why Trademark Registration Matters

Before diving into the process let’s learn about the importance of registering your trademark in the UAE. Besides defining brand ownership, trademarks spare you the misfortunes of counterfeiters, infringers and copycats. In addition, it also increases the value on the company assets as well as helps in providing long term brand recognition and loyalty to customers.

The Authority Behind UAE Trademark Registration

In UAE, all the trademark-related issues are monitored by the Ministry of Economy (MoE), who has its Trademark Office. They have come up with a well-articulated process so that the brands could be safeguarded in an effective fashion under the Federal Decree-Law No. 36 of 2021 on Trademarks.

Can Foreigners Register Trademarks in the UAE?

Yes, the nationals of the UAE and foreign business owners can register trademarks. However, as opposed to the UAE citizens, who have the absolute right to approach the MoE with their concerns, the foreigners will have to appeal to the representatives of registered trademarks in the UAE to monitor their applications. This will guarantee that all the documentation and procedural requirements will have been fulfilled effectively and with sufficient ease.

What Qualifies for Trademark Protection in UAE?

The UAE trademark law does allow the registration of products that are identified by a broad number of identifiers. These include:

• Names, words and signatures
• Logos, symbols and emblems
• Patterns, labels and packaging designs
• Images and visuals
• It is a bunch of letters, numbers or even sounds (in other words, sound marks are allowed too).

Such wide extent gives the holders of the brands a chance to secure all the facets of their identification in the market.

What Cannot Be Registered?

Although this is a broad net there are exceptions to trademark such as:

• Generic or too descriptive words
• Any mark opposite to the social morals or order
• Government and international organizations emblems and national flags
• Religious words or signs
• Location titles and false metering standards
• Red crescent, Red Cross or other official logos
• International known marks translated in local languages

To be accepted you must be careful of using such restricted categories in coming up with your trademark.

Step-by-Step Guide to Trademark Registration in UAE

In order to have a hassle-free registration process, it is important to use the following steps:

Choose a Strong Trademark

Start with a special and unique sign. Nothing should be generic or wear awesome, or some hyped-up moniker that makes one sound like they are young and hip.

Conduct a Trademark Search

3. File Your Application

Since we already know that there were similar trademarks in existence, a prior search can be done to detect its existence. This minimizes objection and litigation involving costly.

File your application to the trade mark office in UAE and provide all the details that are correct and are complete.

4. Examination by the Registrar

The Trademark Office will not judge your request and check it on the criteria. Should this be accepted, then the process proceeds.

5. Publication in the Official Gazette

Upon the acceptance of the trademark, it is gazetted in the Gazette. This is followed by a 30 opposition period in which other parties can interfere.

6. Receive Your Certificate

Provided you do not face any objection your registration will be certified and you will be awarded an official trademark certificate.

Trademark Classification in UAE

The trademarks in the UAE are categorized under the currently recognized system; Nice Classification. There is:

• 34 goods classes
• 11 services classes

CORRECT CLASSIFICATION is an essential requirement. Under declaration in the incorrect class may result in the refusal, or the protection of your goods or services not being provided to your real ones.

Documents Required for Registration

And coming to register your trademark, you must have all the paper work ready with you, i.e. the following documents:

• A Power of Attorney to make a trademark agent
• Knowledge regarding the business entrant or the company
• An image of the trademark in soft copy
• A listing of covered goods and/or services of the trademark
• A duplication of the Trade License or Certificate of Incorporation
• The copy of a passport of a signatory with authority (in the non-UAE residents case)

Trademark Validity & Renewal

When a trademark is registered in the UAE, it has a period of 10 years. Having such a period, it can be renewed after every 10 years by submitting a renewal application.

To make sure that nothing is lost and that you do not receive penalties, you should renew your trademark before it expires.

Importance of Trademark Search

Conducting an effective trademark search is not just a formality. It enables you to know whether your mark has the potential to collide with current trademarks. This anticipatory mode of operation does not only prevent objections but saves time and cost in the course of the application.

Timeline of Registration

Usually, this procedure of registration of the trademark in UAE lasts about 4-6 months under the condition that all the documents are ready and no objections arise. Nevertheless, schedules can be different considering the complexity of any program and oppositions that might come into play.

Trademark Monitoring in UAE

Your work is not finished even after registering. To ensure that indeed your brand is well-protected, keep a close eye on the misuse or infringement of the same in the market. You have many IP companies that offer trademark-watching services and inform you about the illegal use. Dilution of your brand value may be avoided promptly with the help of legal action.

International Trademark Protection via Madrid Protocol

The Madrid Protocol is a game changer as far as businesses that seek to go global are concerned. Being one of the members of this system since 2021, the UAE enables brand owners to register their trademarks at the international level without any complications. This is the way it works:

• Make one international filing
• Make a single payment of fees
• Protect more than 100 member countries

However, you should know that before utilizing Madrid route, you have to firstly register your trademark in the UAE.

Key Benefits of Trademark Registration in UAE

Previously, the registration of your trademark is not compulsory, but there are some benefits to do it in the UAE:

• Legal remedy to infringement
• Increased reputation of your brand
• Chance of licensing the trademark as income
• Increased customer loyalty and positioning in the market

A Glance at Recent Trends

According to latest data released by the Ministry of Economy, protection of IP is becoming the center of focus of the UAE. In Q1 of 2024, trademark registration increased to 4,610 in comparison with 2,813 in Q1 of 2023, which is a tremendous growth. 

Final Takeaway – Partner with the Experts at Trademarks.ae

Filing a trademark, particularly one that has a cross-border desire, is not as simple as filling a form. You have to be strategic, precise and knowledgeable of the law. This is where Trademarks.ae enter into picture.

We will take you through all the steps in the process of obtaining trademarks of UAE, Madrid Protocol and international registrations. We will help you to protect your brand, remain safe against infringements, and establish sustainable value in the local and global markets.

Secure your brand before another person makes it own. Contact Trademarks.ae now.