Trademark Search in United Arab Emirates

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Frequently Asked Questions
Should I file my trademark in local characters?

Yes, for a broader and stronger protection in the United Arab Emirates, we recommend registering your trademark in local characters.

If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in the United Arab Emirates will recognize your brand more easily if they are able to read and correctly pronounce the mark.

Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

Is there a time frame for filing for a trademark registration?

The timeframe for trademark application process is 12 to 18 months.

If I register my trademark in United Arab Emirates, do I have protection in other territories?

The territorial limit of registration is the United Arab Emirates comprising the seven emirates of:

  1. Abu Dhabi
  2. Ajman
  3. Dubai
  4. Fujairah
  5. Ras al-Khaimah
  6. Sharjah
  7. Umm al-Quwain
Do I need to sign a Power of Attorney?

Yes, a power of attorney is required.

Are there any benefits from a pre-filing use of the trademark?

There is minimal benefit for pre-filing use since trademark rights are largely established through registration.

Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in United Arab Emirates?
  • words
  • names
  • sounds
  • devices
  • certain three-dimensional shapes
  • colours
  • motion
  • slogans
  • trade dress/get-up
  • holograms
  • collective marks
  • service marks
  • well-known marks
  • certification marks
What are the phases of application after a trademark has been filed in United Arab Emirates?

The order of the application process is as follows:

 

  1. Examination of the following:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with prior registration
  2. Publication of the following application particulars:
    • mark
    • name of applicant
    • address of applicant
    • application number
    • application date
    • goods/services
    • priority claim information
    • representation of trademark
  3. Registration
What type of trademark is not registrable?

The following are not registrable as trademarks:

  • marks contrary to moral standards or public order
  • generic terms
  • names, flags or symbols of states, nations, regions, or of international organizations (except with permission)
  • marks that conflict with Islamic principles or Shari'ah law
  • marks devoid of any distinguishing characteristic or feature
  • marks that function principally as geographic location names
  • symbols of the Red Crescent or the Red Cross and other similar symbols
  • names, flags or symbols of states, nations, regions, or of organizations/institutions except with its/their permission
  • marks representing or resembling symbols of a religious form
  • names, titles, portraits or emblems of another person, except with the prior consent of himself/his heirs
  • marks consisting of geographical names
  • marks that may mislead the public or that include false information
  • information relating to a rank of honour for which the applicant for registration cannot prove his eligibility
  • marks that are considered to be not more than translations of a famous mark or another previously registered mark
  • marks comprising local or foreign medals, coins or currency
  • marks the registration of which for certain categories of products or services will result in a reduction of the value of other products or services that are distinguished by this mark
  • marks owned by natural or corporate persons with whom business dealings are prohibited
  • marks that comprise the following words or terms:
    • “franchise”
    • “franchise holder”
    • “registered”
    • “registered design”
    • “copyright”
    • “imitation will be considered as a forgery”
    • or any similar words or terms
Does United Arab Emirates use the "Nice Classification" system?

The Nice Classification System is not used precisely in UAE but only as a general guide.

Does the Community Trademark apply for United Arab Emirates?

The European Union Trade Mark registration (formerly a Community Trade Mark Registration) is not effective in UAE.

Is there any possibility to claim priority in United Arab Emirates?
  • If the applicant's home country is a member of the Paris Convention
  • If the home application was filed within six months preceding the application in UAE
  • If the applicant's home country is a member of the World Trade Organization
What do I need to do to satisfy the use requirement?

A trademark must be used within five years. The law does not specify the amount of use required but it must occur in the United Arab Emirates.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

Use of an unregistered mark for any goods or services is legal. However, the unregistered mark must not offend provisions of the Trade Marks Law. Consult a trademark attorney or contact us for more information.

Does having a registered trademark in United Arab Emirates give me any right?

Registration is not obligatory to obtain rights to a trademark; however, registration is recommended because it’s difficult to establish rights in an unregistered mark in the UAE.

What is the web address of the trademark national office?

The national office is not accessible online.

Is there any need to use my trademark before I apply for registration?

Either actual use or intent to use is a requirement for application.

Can a Trademark Application be opposed?

The following can be grounds for opposition:

  • the mark does not meet the definition of a trademark
  • proprietary rights
  • the mark is generic
  • the mark is not distinctive
  • the mark is descriptive
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
  • the mark is misleading, deceptive or disparaging
  • rights in a personal name
  • rights under Article 6ter of the Paris Convention
  • rights under Article 8 of the Paris Convention
  • rights under Article 6septies of the Paris Convention
  • rights under Article 6bis of the Paris Convention
Who can contest my trademark application?

The UAE law states that an opposition may be filed by "any concerned person" against an application.

Is it possible to cancel a registration?

The following can be grounds for cancellation:

  • proprietary rights
  • notorious or well-known mark
  • the mark is not distinctive
  • the mark is misleading, deceptive or disparaging
  • the mark is descriptive
  • rights in a personal name
  • protection of armorial bearings, flags and other State emblems
  • registration in the name of the agent or other representative of the proprietor of the mark
  • trade names
  • the mark is generic
  • the mark does not meet the definition of a trademark
  • the mark is against public policy or principles of morality
  • the mark consists of a geographical indication
Are there any rights established by having a registered trademark?

The following rights are established by registration:

  • the exclusive right to use the registered trademark
  • the right to license other third parties to use the trademark
  • the right to take a cancellation action against a later conflicting registration
  • the right to oppose later conflicting applications
  • the right to obtain damages for infringement
  • the right to sue for infringement against confusingly similar third-party trademark use
  • the right to apply for seizure by customs authorities for importation of counterfeit goods
  • the ability to record the registration with administrative enforcement authorities, such as the Dubai Department of Economic Development
  • the ability to record the registration with customs authorities in Dubai, Sharjah and Ras al-Khaimah
  • the right to request that the court, relevant administrative authorities and/or police take preliminary measures, seize samples and impound stock
How long is the opposition period?

The opposition period begins usually on the date on which the application is published in the Official Gazette. It is also published in the UAE in two Arabic newspapers.

 

The opposition period ends 30 days following the date of last publication. A legalized power of attorney must be provided by the opponent.

Is United Arab Emirates a member of the Madrid System?

UAE is not a member of either the Madrid Agreement or the Madrid Protocol.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

Submit the following documents for renewal:

 

  1. power of attorney
  2. copy of trademark registration certificate
If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 3 months.

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