A trademark is a specific symbol, logo, word or several logos or words which are legally registered and established via their usage as representation for any brand or enterprise. Trademarks are what safeguard brand names and logos used across products and services. They represent intellectual property rights which are safeguarded legally.
They vary from patents which safeguard any invention or copyrights which protect original works. For consultation regarding company incorporation, trademarks, VAT registration, return filing, auditing, accounting and more, reach out to GCC Filings in the UAE.
Trademark Law in UAE
The trademark law was brought under Federal Law No. 37 in the UAE in the year 1992. The Trademarks Office under the Ministry of Economy is the authority holding responsibility for trademarks. Enforcement of the same is also the responsibility of the Intellectual Property Rights (IPR) Department- DED (Department of Economic Development), Ministry of Justice, ECD (Economic Crimes Department)- CID (Criminal Investigation Department) and the Customs Department.
Any distinctive number/word/logo/hallmark/letter/title/advertisement pack represents a trademark. Marks or groups of marks are used for differentiating between services and goods.
What Can’t you Register as a Trademark in UAE?
- Descriptive marks or those marks which are not distinctive.
- Mark which violates public morals/order.
- Logos of Red Crescent, Red Cross or other similar institution.
- Flags like any other country, government, international organization, emblem or similar types of signage.
- Marks identical to symbols of a religious nature or geographic names which may create confusion as to service/origin of any service/product.
- International and national medals, banknotes and coins.
- Translated versions of well-known marks or trademarks which are already registered.
Key Requirements for Registering your Trademark
- Name, address and nationality of owner.
- Business type and nature.
- Significance and meaning of the mark if it is not in Arabic.
- Visual representation of mark.
- Power of attorney from holder legalized and notarized at UAE consulate.
- Details of priority application and approved copy of priority document if applicable.
Regions under the trademark registration in UAE will include Emirates of Abu Dhabi, Sharjah, Fujairah, Ajman, Ras Al Khaimah and Umm Al Quwain. Domain names may be under individual or company ownership minus local presence requirements. However, the name should be registered with the relevant authority.
Solutions for Infringement of Trademarks
- Destruction/confiscation of goods
- Permanent or interim injunctions
- Compensation and damages
- Temporary ban on business enterprise operations
- Imprisonment of infringe with suitable fine
The trademark has to be strong, descriptive, arbitrary, original, unexpected and even fanciful. Trademarks which are quite basic or inadequate in terms of differentiating something may be less safeguarded eventually. Descriptive trademarks may also be weak at times. A strong mark is one that may not always have an obvious link to the brand/service being sold.