Summary:
In the United Arab Emirates the legal basis is the Federal Trademark Law No. 8. The United Arab Emirates have one common (Federal) Trademark Law which covers the seven emirates of Dubai, Abu-Dhabi, Sharjah, Ras Al-Kaimah, Ajman, Fujairah and Umm Al-Quwain. The international classification of goods and services consisting of 45 classes has been adopted (exceptions: classes 32 and 33: trademark protection cannot be achieved for alcoholic beverages).Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 12-15 months from first filing to registration. Before registration, the trademark application is published in the Trademark Bulletin as well as in two local daily Arabic newspapers within 30 days from the approval of the publication form. The opposition period is 30 days from the date of the last publication since a trademark application is published in the Trademarks Journal and two local newspapers in accordance with the Federal Trademark Law.
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.
Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.
Requirements:
Filing applications
1. A Power of Attorney duly notarized & 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.
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.
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 notarized & 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 notarized & 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 notarized & 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 duly notarized & 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.
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.
