In today's competitive business landscape, protecting your brand is paramount. With the UAE's world-class business infrastructure, entrepreneurs and investors from all over the country come to the country to establish their operations. It has increased market competition. Many businesses may find that their brand name or logo has been copied without permission, which can harm their business. And here is when registering a trademark in the UAE might be helpful. Protect your company by registering your trademark, which can be a name or a symbol, legally in the United Arab Emirates. This blog will provide you with a comprehensive understanding of trademark registration in the UAE, including the procedure, costs, and its significance.
What is Trademark Registration?
A trademark is a unique symbol, word, phrase, or design that distinguishes your brand's products or services from others. Trademark registration involves securing exclusive rights to use and protect your brand's identity, preventing others from using it without permission. It can be a name, a word, a figure, a signature, a letter, a title, a drawing, a symbol, a title, a seal, a tax stamp, an advertisement, an image, an inscription, or any other intended combination.
In the United Arab Emirates, trademark registration is handled by the Ministry of Economy (UAE). A trademark is recognized in all seven emirates (Abu Dhabi, Dubai, Sharjah, Umm Al Quwain, Ras Al Khaimah, Ajman and Fujairah). In the UAE, trademark registration is valid for ten years; further extensions require additional fees, and registration can be renewed for the same period.
Significance of Trademark Registration in the UAE:
One way to ensure the exclusivity and legal ownership of your brand is through trademark registration. In the United Arab Emirates (UAE), trademark registration is crucial in safeguarding your intellectual property. The Importance of Registering a Trademark in the UAE is as follows:
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Legal Protection: Trademark registration provides legal protection, granting you exclusive rights to use the registered mark in the UAE preventing others from using it without your consent.
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Business Credibility: A registered trademark enhances your brand's credibility and professionalism, making it more attractive to customers and potential business partners.
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Market Expansion: It facilitates market expansion by securing your brand's reputation and ensuring you're the sole entity using the Trademark in the UAE.
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Preventing Infringement: Registration is a deterrent against potential trademark infringement, allowing you to take legal action against unauthorized use.
Benefits of Trademark Registration in the UAE:
The advantages of Registering a Trademark in the UAE include:
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Maintain the uniqueness of your company.
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Protects you from trademark infringement by third parties utilizing similar or identical trademarks.
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Provides verifiable proof of your rights as guaranteed by law.
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Gets rid of the need for "Common Law" rights.
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It acts as a valuable item that increases in value with time.
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It makes it possible to sell, license, or form a franchise for the Trademark.
The Procedure of Trademark Registration in the UAE:
These steps will result in the registration of a trademark in the UAE:-
Research Current Trademarks
The first step in trademark registration is to determine whether or not the desired trademark is already in use. You can accomplish this by conducting an online search. You won't be able to take it if a different organization manages the brand. You can proceed if you ensure that no one accepts the trademark.
Fill out an application and send it to the Ministry of Economy
The application form must be completed on the MoE's website, which governs the trademark registration process.
You must submit the following documents with the form -
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Trading License with Power of Attorney
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Applicant's contact information
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A trademark design sample ID or Passport of the person signing the application form
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List of goods and services to be safeguarded
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Apply once the documents have been uploaded.
Pay the Charges
Pay the Ministry's required fees. The cost of registration in the UAE does not include any legal translation fees you may be required to pay. You can make your payment through an online e-services portal.
MOE Approval of Application
The Ministry will review your application once it has been submitted. Therefore, when completing the application, proceed with caution and precision, as any incomplete or inaccurate information could lead to the rejection of your application. However, if this occurs, applicants can appeal or modify their application as needed. In any case, if there are no issues with the application, it will be approved in about 30 days.
Advertise the Announcement in 2 Arabic-Language Newspapers In Your Area
Once your trademark has been approved, you must have an announcement about it published in the official journal and two local newspapers. The Applicant will be required to post the brand announcement in two local Arabic-language newspapers at an additional cost.
Public members have 30 days after the announcement is published in two Arabic-language newspapers in the UAE to object to the trademark. If someone objects to your trademark during that time, the Ministry of Economy will review it and either reject it or notify you.
Keep in mind, however, that the Ministry only publishes the announcement at the end of each month, so applicants may have to wait nearly two months to have their trademark registered in the UAE.
Obtain the Certificate of Trademark Registration
Assume no one has objected to your trademark during that period. In that case, the Ministry of Economy will issue you a certificate of registration for your UAE trademark. The certificate will include important information such as the trademark's registration number, the trade name and owner's name, the trademark itself, and a description of the goods and services it covers.
Trademark Registration Renewal in the UAE
A trademark registered in the UAE is valid for ten years and must be renewed at an additional cost after that. When the validity of a trademark registration expires, you have three months from the expiry date to renew the registration. However, each month the trademark renewal is delayed, you must pay a fine of AED 1,000. Renewal of trademarks in the UAE follows a similar procedure to registration.
We can provide you with a step-by-step guide on how to renew through the website -
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After selecting 'Trademarks' from the Services page on the Ministry of Economy's website, choose Modification and Maintenance Services.
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From the dropdown menu, select 'Trademark Renewal.' In addition to completing the application form, you must submit a copy of your previous registration certificate. Your trademark registration will be renewed within a month after you pay the renewal fee.
Trademark Registration Cost in the UAE:
The cost of trademark registration in the UAE depends on various factors, including the number of classes, the type of Trademark, and the services of a legal consultant or trademark agent. On average, registration costs can range from AED 8,000 to AED 20,000. It's essential to consider this as an investment in protecting your brand's long-term value.
Things to Avoid while Registering a Trademark in the UAE?
When registering trademarks in the UAE, there are a few restrictions to remember. If you want to register a UAE trademark, it must not include any of the following terms:
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Violations of public morals and religions
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Signs for the Red Crescent and Red Cross
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Third-party names or titles
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Other well-known trademarks' direct translations
Cancelling a Trademark Registration in the United Arab Emirates
You can accomplish this by going to the Ministry of Economy's website. Here's how you can go about it:
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On the 'Trademarks' page, there is a service called 'Cancel Registered Trademark By Owner Request' under Modification and Maintenance Services. Those who want to withdraw their trademark registration may do so by selecting this service, completing the application form, and submitting the required documents. A copy of the old registration certificate is required to cancel a trademark registration. Other documents, on the other hand, may be required on a case-by-case basis.
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You must pay the cancellation fee once you have applied. If the application is approved, you must publish a cancellation notice in two local Arabic-language newspapers before completing the procedure.
Why Seek Professional Assistance?
Trademark registration in the UAE can be a complex and time-consuming process. Seeking professional assistance from Dawnguard can ensure that your application is correctly prepared and increases the chances of successful registration.
Conclusion
Trademark registration is a crucial step in protecting your brand's identity and securing your business's long-term success in the UAE. While it involves certain costs and procedures, the benefits, including legal protection and market credibility, far outweigh the initial investment. We understand that it is difficult to do everything on your own when you are handling the business on one side—that is why our experts at Dhanguard will take it for you. We handle everything from applying for a trademark to renewing it.
For more information, connect with Dhanguard. Get in touch with us right away - we'd be delighted to help!