Introduction to Trademark Transfer Procedures in the UAE

There are specific legal requirements and formalities involved in the transfer of trademark rights or other transactions before the UAE Trademark Office, including the submission of a Transfer Agreement ("DOA") and/or Merger Certificate signed by both the transferor and the transferee. However, many trademark owners face complications in submitting such documents, such as corporate restructuring, bankruptcy and/or voluntary liquidation of legal entities. As a result, the transferor may no longer exist due to insolvency, bankruptcy and/or any other regulatory reasons.

According to the relevant provisions of the UAE Trademark Law, the documents required for the transfer registration of trademark ownership include:

• Notarized power of attorney
• Notarized and certified designated business license
• Company merger agreement
• Sales Agreement

The above documents must be signed by both the transferor and the transferee. If signed in the UAE, they must be notarized; if signed outside the UAE, they must be notarized and authenticated at the UAE Consulate.

When the transferor ceases to operate due to liquidation, bankruptcy or any other reason, a transfer of rights or sale agreement becomes essential. The following documents can be used as the required documents in these special situations:

• Court Order: Obtaining a court order confirming the transfer of ownership is a legally binding alternative to signing a DOA or Certificate of Merger.
• Bankruptcy Trustee Documents: If a bankruptcy trustee is administering the transferor’s assets, their authority can be used to confirm the transfer and sign the designated transfer agreement.
• Delegation through Special Power of Attorney: If the transferor company has been liquidated or bankrupt, but an authorized signatory can still be found to sign legal documents, a Special Power of Attorney ("POA") can be issued to the local representative or agent to complete the procedure. This will authorize the representative to sign the DOA and complete the transfer procedure. However, this Special Power of Attorney can only be used to complete the transfer procedure during the liquidation of the legal entity, and cannot be used for the transfer of rights after the entity is liquidated.
• Certified Affidavit: Confirm the details of the transfer, the identity of the transferor and their signature in the affidavit. The affidavit is signed only by the transferee and may include an electronically signed copy of the agreement as evidence. The affidavit will serve as a statement that the transferor is no longer in business due to bankruptcy and that the affidavit was signed to facilitate the filing of the transfer by a representative of the transferor entity.