Global Trademark GO of the United Arab Emirates - Introduction to Trademark Application in the United Arab Emirates

Submitted by haili on
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On December 28, 2021, the Madrid Protocol came into effect in the United Arab Emirates, becoming the 109th member of the Madrid System. Starting from January 2, 2022, the new Trademark Law of the United Arab Emirates has come into effect, and has made many amendments to the old Trademark Law. Among them, it clearly stipulates the standards for well-known trademarks, allows multiple categories of applications to be submitted for one mark, allows series of trademark registrations, and cancels Trade licensing provisions for registered trademarks, and provision of temporary trademark protection during exhibitions. Currently, registrable trademarks in the UAE have been expanded to include three-dimensional trademarks, hologram trademarks, smell trademarks, sound trademarks, and geographical name registered trademarks related to specific locations. Other trademark law changes include the removal of trade licensing requirements for registered trademarks and the provision of temporary trademark protection during exhibitions.

1. Trademark authority

2. How to apply for trademark registration

  • electronic submission

3. Trademark registration application language

  • Arabic; English

4. Documents required for trademark registration application

  • Trademark registration request;
  • Applicant information;
  • List of goods/services for which protection is sought;
  • Electronic version of trademark pattern.
  • A certified copy of the priority document and its Arabic and English translation should be submitted together with the application (no extensions are allowed).
  • The original power of attorney can be submitted later within 90 days from the date of application. It needs to be authenticated by the UAE Consulate. Local certification from the UAE Ministry of Foreign Affairs is also required and will be handled by a local agent. This period cannot be extended.

5. UAE trademark registration application process

  • The UAE trademark review process consists of several stages: application-examination-announcement-registration. However, the biggest difference from Chinese trademark registration is that there are no groups in the classification of goods and services. During the substantive examination stage, the examiner only looks at the categories. If the categories are the same, the goods are considered to be similar. Usually, only identical or highly similar trademarks are rejected. That is, if the applied trademark is identical or highly similar to the cited trademark, but the designated categories are different, the examiner will still cite and reject the application. In this regard, the trademark applicant can only argue with the examiner by submitting a rejection review, arguing that the trademarks are not similar and the goods are not similar, and requesting the examiner to withdraw the rejection and approve the trademark registration.

6. Documents required for trademark change

  • Trademark application or registration number
  • Changed name or address
  • Power of attorney (need to be notarized and certified)
  • transfer agreement
  • Transferee’s business license (notarization and certification required)

7. Trademark cancellation

  • If a trademark is not used within five consecutive years from the date of registration, the registered trademark may be revoked.

8. Trademark objections

  • The examination process includes formal examination and rejection on absolute grounds, as well as a search of existing trademarks. Before registration, the trademark will be open to opposition. The opposition period is 30 days after the trademark is published in the trademark announcement or two local newspapers (whichever is later). A certified power of attorney must be submitted together with the statement of objection.

9. Authorization, validity period and trademark renewal

  • The trademark authorization official fee should be paid within 30 days after the end of the opposition period. The validity period of trademark registration in the UAE is 10 years from the date of application. Applications can be submitted within the last year of the validity period, or within the grace period of 3 months after expiration, and can be renewed for 10 years.

10. Average time for trademark authorization

  • If the registration is successful, the average time for trademark registration in the UAE is about 4-6 months.

11. Other matters needing attention

  • Dubai is an important transportation hub and economic center in the Middle East. If an enterprise has registered a UAE trademark, it may consider applying for customs registration in Dubai, Abu Dhabi and Sharjah. Among them, Dubai Customs has a relatively systematic intellectual property department to complete customs registration. Later, once Dubai Customs suspects that the imported goods are counterfeit, or is unable to determine the source or ownership of the goods, it will notify the agency that handles trademark customs registration and require inspection of the authenticity of the goods. If the goods are counterfeit, customs will require the shipper to re-export the goods or destroy the goods based on the investigation results.
  • Chinese sellers who open stores on e-commerce platforms such as Amazon Middle East need to register a UAE trademark. It is recommended to use a single country registration method to register a UAE trademark. The registration speed is shorter than the review period of the Madrid trademark registration method, and it can usually be obtained in 3-4 months. UAE trademark registration; when submitting a trademark application, UAE lawyers will determine to select product items that can be accepted by the UAE Ministry of Economy, minimizing the cost and time delay of the trademark review process; entrusted UAE lawyers can receive the Amazon verification code as soon as possible , to facilitate timely Amazon brand registration.
  • UAE trademark registration application documents require notarization and certification.