TRADEMARK SUMMARY
Trademarks Law
Trademarks in The United Arab Emirates are protected by Federal Law No. 8 for the year 2002 amended some articles of the Federal Law No. 37 for the year 1992.
The Federal Law covers all the seven Emirates forming The UAE (Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain). A trademark registered under said law provides protection in all Emirates.
Trademark related Treaties
The UAE is a member of the Paris Convention (PC), of the WIPO Convention, of TRIPS Agreement and Geneva Convention.
Priority
If an applicant's home country is a member to the Paris Convention, the filing date of its home application can be claimed as priority date in The UAE, and that within 6 months delay to be counted from said priority date.
Classification
The International (Nice) Classification of Goods and Services (10th Edition) is applied. However, class 33 (Alcoholic beverages) cannot be registered according to The UAE practice. Bar & night club services in class 43 are not applicable. Pork meet is not allowed to be registered in The UAE.
Multi-class trademark application is not available and a separate application is required for each class.
Registration Procedure & Time Frame
Once filed, the application is subject to Examination. If the trademark is accepted, the application will proceed to publication in the Trade Mark Gazette and in 2 local Newspapers. If no opposition is filed against the application, the registration fees will be paid and the Certificate of Registration will be due for issuance. The time delay for the finalization of the registration and issuance of the certificate is about 9 to 12 months from filing date.
Opposition
Published applications may be opposed by third parties within 30 days from last publication date.
Validity
A trademark registration is valid for 10 years as from the filing date and renewable for similar periods. Renewal could be filed within the last year of the protection period. The Trademarks Law provides 3 months grace period for late renewal with payment of a fine.
Use Requirements
Prior-use is not required for filing application for registration or for maintaining the registration in force. However, use of the registered mark should not be interrupted without justification for more than 5 consecutive years; otherwise said mark is vulnerable to cancellation by Court Order upon the request of an interested party.
Assignment/Amendment
Assignment &/or Amendment can only be recorded against registered trademarks. An application cannot be assigned &/or amended.
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Licensing
It is not compulsory to record the License under The UAE Trademark Law but could help in enforcement to demonstrate use of the mark. Multiple licensing is also allowed, but sub-licensing is not possible unless the license agreement mentions otherwise.
TRADEMARK REQUIREMENTS
New Application
1- Power of Attorney duly notarized & consularized up to the UAE Consulate.
2- Twenty prints of the trademark/service mark (Size 6 cm x 6 cm).
3- Copy of Priority document in English, if convention priority is claimed (Only certified).
- Late filing of POA is not possible.
- Late filing of priority document is possible within 90 days as from application’s filing date.
Renewal
1- Power of Attorney duly notarized & consularized up to the UAE Consulate.
2- A simple copy of the certificate of registration of the trademark.
- Late filing of POA is possible within 90 days as from renewal date.
Change of Name/Address
1- Power of Attorney in the new name/address of the applicant duly notarized & consularized up to the UAE Consulate.
2- Official Certificate proving the change of name/address of the applicant (Consularized). This certificate can be obtained from the local competent authority of the applicant’s domicile.
3- A simple copy of the certificate of registration of the trademark.
Assignment
1- Power of Attorney executed by the assignee duly notarized & consularized up to the UAE Consulate.
2- Deed of Assignment executed by both parties (Notarized & Consularized).
3- A simple copy of the certificate of registration of the trademark.
Merger
1- Power of Attorney executed by the new owner duly notarized & consularized up to the UAE Consulate.
2- Official Certificate proving the merger (Consularized). This certificate can be obtained from the local competent authority of the applicant’s domicile.
3- A simple copy of the certificate of registration of the trademark.
License
1- Power of Attorney in the name of the licensee duly notarized & consularized up to the UAE Consulate.
2- License Agreement executed by both parties (Notarized & Consularized).
3- A simple copy of the certificate of registration of the trademark.
(Any document in a language other than English must be accompanied by a Certified English translation).