The United Arab Emirates (UAE) has been a member of the Paris Convention for the Protection of Industrial Property since September 19, 1996. The International Classification of Goods and Services for the Purpose of the Registration of Marks under the Nice Agreement (10th edition) is followed in the UAE.
It is pertinent to note that the World Intellectual Property Organization has classified different goods and services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). The idea behind this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify class
The first step is to identify the products or services to be covered by the mark. Kindly update us regarding the products or services which you would like to cover with this mark. On obtaining your confirmation, we will advise you on the classes under which the registration would be required.
Registering the Trade Mark with the Ministry of Economy
Step 1 – Conducting a preliminary search-Preliminary searches for potential conflicts may be conducted at the Ministry of Economy. Search reports can be obtained within two to three days of submission of the preliminary search application.
Step 2- Submission of application form to the Ministry of Economy>-Trademark applications must be filed with the Ministry of Economy by way of a pre-printed form in Arabic, together with application fees.
1. Copy of the license and a copy of the passport of the partners or Passport copy of the person who wants to own the trademark.
2. A duly notarised Power of Attorney authorizing the agents. (Draft will be provided)
3.Clear electronic print of the trademark.
*The Ministry may ask for additional documents as they deem fit
Step 3 – Issue of Report-Once a trademark application is filed, it is examined as to its ability to be registered. The first office action is expected within 4-9 months from the filing date. After examining a trademark application, the Ministry issues an examination report which states whether further information must be provided or whether there are any requirements, conditions or limitations in connection with the prospective registration.
The Ministry normally calls upon the applicant to reply to such reports within a specified time period, normally 40 or 60 days depending on the type of report. Any requirements listed in the Ministry’s report must either be accepted by the applicant or appealed to the Trademarks Committee of the Ministry. Additional fees is payable for each objection to an examination report or for a hearing before the Trademarks Committee. The Committee’s decision is further appealable to the civil court.
Step 4 – Publishing the trademark in the UAE Trademarks Bulletin-Once the outstanding issues are resolved, trademark applications which have been preliminarily approved for registration by the Ministry are published in the UAE Trade marks Journal at a further cost. The trademark must also be published in two Arabic newspapers circulated in the UAE.
After publication, any interested third party is allowed 30 days within which to submit a written opposition to the Ministry concerning the registration of a mark. Any objections submitted are forwarded within 15 days of the opposition being filed to the applicant, who then has 30 days within which to respond. The Registrar’s decision concerning the opposition may be appealed to the Committee and the Committee’s decision to the competent court.
Step 5– Final Approval-If no oppositions are filed within 30 days from the date of the last publication, the mark will proceed to registration. The certificate is issued within 3-4 months thereafter.
The period of protection granted as a result of registration of a trademark is ten years from filing date. Registrations may be renewed indefinitely for subsequent ten year periods.