In today’s competitive market, branding is invaluable. It’s not just about having a name or logo; it’s about what sets your business apart and establishes trust with your customers. Trademark registration is a critical step in protecting this vital asset. It offers legal recognition and protection and distinguishes your business in a crowded marketplace.
Whether you’re launching a startup or expanding an established brand, understanding trademark registration is essential for securing your brand’s identity. This blog post will navigate you through the process of trademark registration, helping you legally safeguard your brand. We discuss what you can legally trademark in the UAE, how to register your trademark, and the costs involved.
What is a Trademark?
A trademark is a word, phrase, symbol, or design that is used to identify the source of goods or services. This is helpful for businesses so that consumers can easily identify their products or services. In the UAE, this concept is formalized and protected with a UAE Trademark Registration Certificate issued by the United Arab Emirates Ministry of Economy. It provides irrefutable evidence of the owner’s exclusive right to utilize the trademark for the goods and services outlined in the registration, thereby offering a crucial layer of protection and recognition to businesses operating within the country.
How to Register Your Trademark in the UAE: Step-by-Step
Registering a trademark in the United Arab Emirates (UAE) is a simple process. To register a trademark, you have to file a trademark application with the UAE trademark office at the Ministry of Economy. Additionally, it’s important to note that if you’re working with a business specialist in the UAE, they’ll likely take care of all of this for you. Keep this in mind when going through the rest of the trademark registration steps. If things start to feel confusing, just know that a Company Formation Specialist can help you make sense of things.
1. Initial Search for Existing Trademarks
Begin by conducting a thorough search in the database of the Federal Institute of Intellectual Property to check if your desired trademark is already registered. This step is crucial to avoid conflicts and ensure your trademark is unique.
2. Application Submission to the Ministry of Economy
If your chosen trademark is available, proceed to submit a trademark application to the UAE trademark office at the Ministry of Economy. This involves:
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- Visiting the Ministry of Economy’s website, navigate to ‘Services’, select ‘E-Services’, and then choose ‘Trademark Registration’.
- Filling out the application form and uploading the required documents, including:
- Trademark logo
- Copy of the trade license
- Power of attorney
- A passport copy of the applicant
- Priority document, if applicable
- Detailed list of goods or services to be covered by the trademark
Note: Additional documents may be required depending on specific circumstances.
3. Payment of Trademark Registration Fees
After submitting your application and documents, you’ll need to pay the trademark registration fee of AED 5000 for one trademark in a single class. Additional fees are applicable for multiple trademarks or classes. Always verify the current fee structure before applying, as fees may be subject to change.
4. Evaluation by the Ministry of Economy
Your application will undergo an evaluation by the Ministry. Attention to detail is key, as minor errors can result in rejection. If your application faces any issues, you can either appeal the decision or make necessary adjustments and re-submit.
5. Publication in Local Arabic-language Newspapers
Upon approval, you must publish the trademark in two Arabic-language local newspapers. This step incurs an additional cost of AED 750 and is pivotal for the public notification of your trademark registration.
6. Public Objection Period
There is a 30-day period following publication, during which the public can raise objections to your trademark registration. If objections are raised, the Ministry of Economy will review these claims and make a final decision.
7. Final Registration and Certification
In the absence of objections, or once any objections have been resolved, you can proceed to the final registration. You will then receive an official registration certificate from the trademark office, which includes:
- Registration number
- Application date
- Business name and owner’s name
- The trademark logo
- A comprehensive description of the products, goods, and services covered by the trademark
After You Have Your Trademark Registered
Once you have registered your trademark, it will last 10 years. After the 10 years have passed, you may renew your trademark for AED 5750. It is important to note that UAE-registered trademarks are only protected in the seven emirates of the UAE, not anywhere else in the world.
How to Renew Your Trademark in the UAE
As the 10-year protection period nears its end, you have a grace period of three months from the expiry date to initiate the renewal process. To avoid late penalties, it’s advisable to renew promptly; delaying renewal incurs a fine of 1,000 AED per month. The renewal process mirrors the initial registration in many ways:
- Visit the UAE Ministry of Economy’s website and navigate to the “Trademarks” section under “Services”.
- Choose “Modification and Maintenance Services” and select “Trademark Renewal”.
- Complete the application form, ensuring that you attach a copy of your original trademark registration certificate.
- Submit the form along with the AED 5750 renewal fee to complete the process. Your trademark should be renewed within 30 days following payment.
How to Cancel a Trademark Registration in the UAE
Should you decide to cancel your trademark registration, the procedure is somewhat similar to the original application process:
- Go to the UAE Ministry of Economy’s website and find the “Trademarks” section.
- Under “Modification and Maintenance Services”, select “Cancel Registered Trademark By Owner Request”.
- Complete and submit the form along with any required documents.
Following your submission, you’ll need to pay a cancellation fee of AED 350. After the Trademark Office approves your cancellation request, you must publish an announcement in two Arabic-language local newspapers, finalising the process.
The Cost of Registering a Trademark in the UAE
Registering a trademark in the United Arab Emirates (UAE) involves various costs, from initial application fees to potential fines for late renewals. Here’s a detailed breakdown of the expenses you can expect throughout the trademark registration process:
Initial Trademark Registration Costs
- Registration Fee: The cost of submitting a trademark application to the UAE Ministry of Economy is AED 5000. This fee covers one trademark in a single-class category.
- Publication Fees: Once your application is approved, you must publish the trademark in two Arabic-language newspapers. The cost for this is AED 750.
- Copy of Trademark Registration Certificate: It will cost AED 150 to get a copy of your Trademark Registration Certificate.
Additional Costs
- Professional Service Fees: If you hire a Company Formation Specialist or a trademark attorney to assist with the application process, their fees will add to the overall cost. Professional fees can vary widely based on the service provider’s expertise and the complexity of your trademark application.
- Translation Services: If your trademark application includes documents in languages other than Arabic, you may need to pay for professional translation services. The cost will depend on the length and complexity of the documents.
- Multiple Class Application Fees: If you wish to register your trademark across multiple classes (beyond the initial class covered by the application fee), additional fees apply. Each extra class registration will increase the total cost, typically by the same amount as the initial application fee (AED 8,700) per class.
Renewal Costs
- Renewal Fee: To renew your trademark after the initial 10-year period, you’ll be required to pay a renewal fee, which is usually in line with the original application fee of AED 5750.
- Late Renewal Fines: Delaying the renewal process incurs a monthly fine of AED 1,000. It’s advisable to renew your trademark promptly to avoid these additional costs.
Cancellation Costs
- Cancellation Fee: If you decide to cancel your trademark registration, a fee of AED 350 is charged by the UAE Ministry of Economy.
- Publication for Cancellation: Similar to the initial registration process, you’ll need to publish the cancellation in two local newspapers, which incurs additional fees based on the chosen publications.
Overall, while the base fee for registering a trademark in the UAE is AED 5000, additional costs for professional services, publications, and potentially registering in multiple classes can significantly increase the total expense. Planning for these costs ensures a smooth registration process and helps budget for the effective protection of your trademark.
What Can You Trademark in the UAE?
In the United Arab Emirates, a wide range of marks can be registered to protect intellectual property and distinguish goods or services. There are three main types of trademarks that a business can register for in the UAE:
- Service marks
- Certification marks
- Collective membership marks
Service marks are used to identify the services of a company, certification marks are used to certify the quality of goods or services, and collective membership marks are used to identify the members of a particular organisation.
The types of marks that can usually be registered include:
- Word Marks: These are standard character marks consisting of words, letters, numbers, or a combination thereof without any specific stylization or font. They protect the name of a product or service in plain text form.
- Logos and Symbols: Logos or symbols are distinctive designs or graphical elements that represent a company, product, or service. They can be purely graphic or include words and letters in a unique stylization.
- Figurative Marks or Device Marks: These are marks that consist of an image, figure, or a pictorial representation that does not include word elements. They can be abstract or representational images used to identify and differentiate the brand.
- Shape Marks: These marks protect the unique three-dimensional shape of products or their packaging, provided the shape is distinctive and not purely functional.
- Colour Marks: A single colour or combination of colours can be registered as a trademark if they are used distinctively to identify the source of goods or services. Colour marks must be shown to have acquired distinctiveness through extensive use.
- Sound Marks: Sounds that are distinctive and can be represented graphically (for example, through musical notation) can be registered as trademarks. These marks protect sounds associated with a brand or product.
- Collective Marks: These are marks used by members of a group, association, or organization to indicate membership or to distinguish goods or services produced or provided by members from those of non-members.
- Certification Marks: Marks used to indicate that the goods or services on which they are applied meet certain standards set out by the owner of the certification mark in terms of origin, material, mode of manufacture, quality, accuracy, or other characteristics.
- Trade Names: While not traditional trademarks, trade names (the names under which a business operates) can be registered and receive protection under UAE trademark law in some contexts.
As a general rule, Trademark Registration is permissible in the UAE if it meets the following requirements:
- It must be distinctive and capable of distinguishing your goods or services from those of others in the market
- It should not be similar to an existing trademark that is registered in the UAE
- It should not be offensive or contrary to public morality
- It should not be misleading or deceptive
What Can’t You Trademark in the UAE?
Trademark registration can’t protect everything. You can’t protect categories like generic terms, descriptive phrases, geographical names, or common personal names. For example, if you have a food truck, you can’t legally trademark the term “food truck.” You also can’t trademark offensive or misleading marks, national and international emblems, official signs indicating control and warranty, marks identical or too similar to existing ones, or public symbols of cultural or national importance. To find out whether you can trademark a term, you can contact an intellectual property attorney.
Who Can Register a Trademark in the UAE?
In the UAE, trademark protection is governed by Federal Law No. 37 of 1992, which allows for the registration of any sign capable of distinguishing one entity’s goods or services from those of another. Eligible applicants for trademark registration in the UAE include:
- Any natural person who is a citizen of the UAE or any other Arab country or who “resides” there
- Any legal person “duly established” under the laws of the UAE or any other Arab country
- Any foreign national or company that applies for a registered patent and trademark attorney in the UAE
Given the complexities involved in registering a trademark in the UAE, it is advisable to engage with business setup consultants or trademark registration services. These professionals can greatly simplify and streamline the registration process, ensuring compliance and protecting your brand effectively.
Trademark Infringement
Trademark infringement in the United Arab Emirates (UAE) is a serious legal matter that occurs when an unauthorized third party uses a registered trademark on goods or services that are identical or similar to those listed on the official register. This unauthorised use can mislead consumers, damage the brand’s reputation, and lead to significant financial losses for the trademark owner.
Legal Consequences of Trademark Infringement
In the UAE, trademark infringement is not only a violation of intellectual property rights but also a criminal offence under the Trademark Law. The law is stringent, with penalties for infringement including:
- Fines: Offenders may be subjected to a minimum fine of AED 5,000 (approximately US$ 1,300). This amount can significantly increase depending on the severity and scale of the infringement.
- Imprisonment: Individuals found guilty of trademark infringement can face imprisonment for a period ranging from one to three years, reflecting the seriousness with which the UAE treats such violations.
Importance of Registration
Given the strict penalties associated with trademark infringement, it is crucial for businesses to register their trademarks with the UAE Ministry of Economy. Registration grants legal protection, allowing trademark owners to take legal action against infringers and claim damages. It serves as a deterrent against potential infringers and ensures that your brand identity is legally safeguarded.
Let Us Help You Register Your Trademark in the UAE
So, if you’re considering starting a business in the UAE, engaging a business setup specialist who is well-versed in local regulations can significantly smooth your journey. From navigating trademark registration to company incorporation, securing the requisite licenses, and setting up a bank account, expert guidance is invaluable. At Virtuzone, we offer comprehensive support for all these aspects and beyond. Schedule a free consultation with one of our Company Formation Specialists today and discover everything you need to know about launching your business in the UAE.
