English
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.
The national office is not accessible online.
Either actual use or intent to use is a requirement for application.
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
The UAE law states that an opposition may be filed by "any concerned person" against an application.
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
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
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.
UAE is a member of the Madrid Protocol.
Periodic statements of use are not required.