March 19, 2020 Last updated March 25th, 2020 1,010 Reads share

All About Trademark Registration in the UAE

Image Credit: DepositPhotos

Even if you have not realized it by now, every single one of us deals with trademarks and brands on a day-to-day basis. Trademarks and brands are used synonymously and purchasing decisions of consumers are influenced by them, including the reputation of brands that marks represent. 

It is important, therefore, that businesses understand why trademark registration is important, why a trademark is an asset, as well as how it helps a business. In this article, we’ll tackle every single aspect you have to know about trademark registration including its benefits, requirements, and the steps for registering a trademark in UAE. Let’s start! 

The Benefits of Trademark Registration

The following are reasons why it is best to have a trademark registered under you or your business’ name:

Trademarks Are Effective Communication Tools

In a single logo or brand, a trademark can convey not just emotional messages, but also intellectual attributes about your business and the reputation of your products and services. 

A trademark does not need to comprise of words. A design can also be recognized and it does not have to use alphabet or langue. The swoosh design of Nike is recognizable in all corners of the world, regardless of the native language. 

Trademarks Allow Customers to Find the Brand

The marketplace in this advanced time and age is crowded. It is incredibly difficult to differentiate a business from its direct competition. Brands or trademarks are effective and efficient commercial communication tools in capturing the attention of customers. They also make a business, its services or products stand out. 

Clients or customers that view a mark already know who they’re dealing with, a business’ reputation, as well as whether to look for an alternative or not. A brand that you register is a critical factor when it comes to driving the purchasing decisions of consumers. How to Start Your Own Brand from Scratch.

Trademarks Allow Companies in Utilizing Effective Digital Marketing

A brand is among the first few things that clients enter into their favorite social media platforms and search engines when they look for products and services. 

A high traffic on a social media platform or website translates into a high rank, leading to more customers finding the business. A trademark also allows for brand recognition online. 

A Trademark Is a Valuable Asset

A trademark is an asset; it appreciates in value as time passes. Once the reputation of your business grows, the trademark or brand that is associated with it becomes more valuable as well. 

A trademark registered in UAE provides value that is beyond the core of the business. A trademark supports expansion from a single industry or field to another like eyewear or clothing from personal care. When owners decide so, trademarks also lead to business acquisition by larger corporations. 

Trademarks are properties and they are like real estate. They may be sold, bought, and licensed e.g. leased. They can even be used as security interests in securing loans to growing or expanding a business. 

Trademarks Make Hiring Experts Easier

Brands are able to inspire positive feelings. As a result, opportunities for employment are attractive to experts. Employee retention in also higher if the staff has positive attitude and feelings towards the brand, as well as the service and products that it offers. 

Trademarks have a positive impact on company culture, plus they’re a bargain to register. The Ministry of Economy charges reasonable costs to obtain registration for trademarks. Also, a license is valid for ten years. On top of that, there are a number of trademark specialists in UAE you can ask for assistance from if you want expert guidance with trademark registration. Read about Singapore Trademark Registration.

Take note: a trademark won’t expire so long as it is being used consistently in the country. Also, there is a need to have the registration of a mark once every ten years. 

Brands are critical assets for businesses and corporations alike. Make sure you do due diligence prior to investing a ton of resources in the launch of a brand new trademark. Make sure your brand is suitable for your company. You should also obtain a trademark search in order for you to make sure the brand you wish to register is available for ownership and you are not infringing upon the rights of anyone. Read about the Benefits of Registering Your Trademark in Canada.

Failure in researching brands prior to their adoption often lead to rejection of the registration by the MOE. Letters of cease and desist may even be sent to those who are violating other brands’ intellectual property rights. Seek the help of a trademark specialist in UAE, not just for the registration of a trademark, but also to check whether a specific mark is available as that can help greatly in avoiding high costs from trademark disputes or trademark litigation. 

Keep in mind the more your brand is unique to others that are in the same industry as yours, the easier it would be for the trademark to protect. Select the name or logo which distinctly identifies the business. 

What Are the Authorities That Are Responsible for Regulating Trademarks and Brands in UAE?

In the UAE, Ministry of Economy is responsible for the approval of trademark registrations. A mark can be registered. The MOE also has the authority in terms of the fees associated for trademark registration and renewal. 

How Long Is the Trademark Registration Process Going to Take in the UAE?

In the UAE, the duration or period of time it takes to register a trademark will depend on the availability of a mark and other factors. In general, it is going to take ten to twelve months to complete the process. 

What Are the Requirements Set by MOE for Trademark Registration in UAE?

The following documents are the requirements for trademark registration and they have to be furnished by the applicant:

  • Application 
  • Sample of the brand name or trademark design
  • Power of attorney (if a trademark specialist will undergo the trademark registration on behalf of trademark owner(s)
  • Trading license (in the case of business owners)
  • Passport copy of the person that will sign the application 
  • Confirmation of the payment of the official fees
  • Contact details of the applicant for trademark registration 
  • List of goods and/or services that will be protected under the mark 

If it is a copyright that will be registered with the MOE, the following are the requirements:

  • Application letter
  • Sample of the copyright to be registered
  • Information regarding the owner or holder of the copyright
  • Passport copy of the author of the copyright 
  • Confirmation of the payment of official fees 
  • Applicant’s contact details 

How Long Is the Trademark Registered Going to Be Protected in UAE?

The trademark that is successfully registered will be under the UAE’s legal protection in the ten years following the date of the official trademark registration in order to keep the mark in force following the ten years of registration, the owner of the trademark is to settle the additional official fees with the MOE in UAE for further protection or extension to the registration. The quantity of the extensions for a trademark certificate isn’t limited. 

As for a registered copyright object, it is going to be protected in the country throughout the entire lifetime of its author as well as fifty years following the day of the death of the author. An author’s economic rights for collective works will be protected for fifty years starting from the day of the publication in the case of an author that’s a legal person. If he or she is a national in UAE, the period is to be calculated in accordance to rules that are stipulated in UAE copyright legislation. 

Can an Individual Be an Owner to a Trademark Registered in UAE?

According to UAE Federal Law of 1992 No. 37 on Trademarks and Intellectual Property, an owner to a trademark can only be a legal entity. This means organizations and businesses are the only ones that are able to own trademarks in UAE. 

As for copyrights, ownership can belong to private individuals, companies or legal entities, legal entities and private individuals (simultaneously owning rights to copyright object). 

This means a company can also be the holder of rights to a copyright work. The contract between a company and an author should be signed according to UAE Federal Law related to copyrights and all neighboring rights. 

What Is Involved in the UAE Trademark Registration Process?

Prior to sending an application to the UAE Ministry of Economy, there is a need to check whether a trademark that you wish to register is already taken. You may be able to do the assessment with the help of a trademark specialist in the country. If the trademark that you have chosen is already being used by an entity, then you can’t register the mark. As soon as you have arrived to a brand new mark that is unique, you can then proceed to the actual registration process for a trademark. 

For filing the application, remember that all details requested by MOE are to be furnished. The following are to be presented along with the registration form: ID of applicant, sample of trademark, trading license, and POA or power of attorney among others. 

Payment also has to be secured. After you have compiled all the necessary paperwork, the trademark registration fee should then be settled. The payment should be done with the UAE Ministry of Economy. Take note: there may also be additional translation fees and legal costs involved. 

If you have secured the payment, then the MOE will do the assessment for your registration application. A mistake or an incorrect answer will end up to a trademark registration’s rejection. This is why it is important to seek the help of a trademark specialist. Not only will an expert help you complete the process successfully, the professional will also lessen the time it takes to register a mark. Click here for more details on trademark in UAE. Read about Why is Trademark Registration Important in India?

UAE Dubai skyline -DepositPhotos

Dharmendra Chahar

Dharmendra Chahar

Read Full Bio