Introduction
A Trademark is a unique type of logo, word and symbol that represents a company’s name or its product. And after registration, that same name, symbol and logo can’t be used through any company or organization forever. Companies must apply for a trademark and get ownership from the U.S. Trademark Office, which adds protection from copyists. Over time, the trademark became the identity of the company.
Just like the roaring tiger logo on a Jaguar car, the mountain-looking logo of Toblerone company and the Olympic logo represent The Olympic Games all around the world.
Overview of the UAE Trademark Law
Federal Law No.37 of 1992: The United Arab Emirates (UAE) trademark law is governed by Federal Law No. 37 of 1992, Which is amended by Federal Law NO. 36 of 2001, which came into force in January 2022. This law works towards the protection of trademarks and unofficial use.
What Cannot be Registered as a Trademark in the UAE?
The following cannot be registered as trademarks in the UAE:
• The name of the country and national flags cannot be registered as a trademark in UAE.
• The name of any gods and religion cannot registered as a trademark in UAE.
• Any marks and symbols that create confusion between two brands and organizations. Any company or organization cannot copy another company’s logo which is already registered.
• Any marks that are insulting to the other community.
Trademark Registration Requirement in the UAE
The following requirements are needed to register the trademark:
Service Fees: Registration in the UAE of a trademark requires service fees first.
Details of the Petitioner: Full name of the petitioner, residential address of the petitioner, and contact details of the petitioner.
Power of Attorney: A power of attorney enacted by the applicant and properly notarized by the nnotary'soffice.
Record of goods and services: A list of goods and services that the company or organization provides.
Priority Document: A certified copy of the priority application that is scanned through email only.
Online Application: Applicant needs to submit an online application through the MoE website.
Logo: A logo of the brand that is going to be registered as a trademark of the brand, company or organization.
Passport and Commercial License: A passport copy of the applicant who is applying for the registration of the company and A copy of the commercial license also. Which is required in registration.
Process of Filling an Application for Trademark Registration in the UAE
The Following Steps are Given Below of the filling application for trademark registration:
UAE Trademark Search: Perform a trademark search to ensure that the existing trademark that is going to be registered is not a copyist of the company or organization that is already in existence.
Preparation of Application: After completing the trademark search, a person needs to prepare the application, including all the mandatory documents and the applicant’s details also, and before starting the application process, the person needs to get the online application form from the Ministry of Economy’s website
Submission of the Application: Getting an online application form and, after filling it out, submitting the trademark registration application and paying the valid trademark registration fees to the Ministry of the Economy through their registration portal. It is mandatory to fill in all the details and attest to all the mandatory documents completely to prevent application rejection.
Examinations: The application will be investigated by MoE to meet all the guidelines for registering a trademark.
Publications: After the application is approved by the UAE Ministry of Economy, the stamp will be published and announced in the official trademark charter and two local newspapers.
Key Points to Remember when applying for trademark registration in the UAE
The following key points to remember when applying for trademark registration in the UAE:
Professional Advice: Consult a professional trademark agent or lawyer to ensure a smooth registration process.
Patient: Applicant needs to be patient because it takes more time than expected, it can take several months to a year to register.
Frequently Check: Applicants need to check the process of registration frequently and stay updated.
Conclusion:
Trademark is an important concept when it comes to protecting a company or organization’s Identity and preventing unofficial use. After understanding the process of registration and the requirements of getting registered, organizations can ensure that their brands are protected and maintain the reputation of the company or organization.
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