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9 January, 2020

What you Need to Know About Trademark Registration in UAE

Registering your trademark when starting a new company will protect it and allow you to prevent ‎other companies from selling goods or services using your products and brand’s name. Trademarks are deemed to include such things as brand names, company names, logos, words and phrases‎, and even sounds.‎

Trademarks are broken down into various classes under the categories of either goods or services. In running ‎your company you may be selling both goods and services, from various classes. ‎

This blog will help you know the fundamentals of trademark registration in UAE. ‎

What is a trademark?
A trademark is typically a brand name that is used in business as an identification sign to distinguish the ‎goods or services from other companies. A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.‎ There is also a range of non-conventional trademarks comprising some elements which do not fall into these standard categories, such as those based on color, smell, or sound (like jingles).

A trademark must be identified distinctly and any ownership or rightful protection becomes valid only if it is duly registered under the appropriate authority.

What are the benefits of trademark registration?
Here are the main benefits of registering your trademark: ‎

  • Protect your brand by restricting the use of your mark by others
  • Gain a competitive advantage by a strategy of differentiation
  • Capture maximum value of your business
  • Use the registered mark as a marketing tool and grow your brand
  • How does the UAE law recognize and define a trademark?
    Under the UAE Federal Law Number (37) of 1992, a Trademark is considered a trademark if the product has a distinctive form in terms of names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs or any other such mark. In other words, any unique element of the product’s design.

    The law further categorizes what does not constitute a trademark:-

  • Any mark that does not have a distinctive character;
  • Any mark breaching public morals or violating public order;
  • Any logo of Red Cross or Red Crescent that may lead to an offence if used
  • How do I know if my trademark is not already registered?
    Under Article (5) of the UAE Federal Law (37) of 1992, there exists a Trademarks Register at the Ministry of Economy wherein is held all the trademarks, names, addresses, and type of activities of their owners, the descriptions of their goods, products or services and any conveyance, assignment, transfer of ownership, mortgage or license for use concerning such marks or any other changes.

    Any application will be scrutinized under this registry and may be rejected if a proposed trademark is already under use.

    What is a trademark class system?
    Trademarks are registered under a ‘class’ system in the UAE, including 45 classes. Each trademark class ‎covers different products and services. A separate application is required for registration of a trademark in each ‎class. It may be costly and unnecessary for you to register your trademark in classes that are not relevant to ‎your goods or services; thus, choosing the correct class is critical for necessary protection and avoiding ‎bloated costs.‎

    Difference between a trademark and other intellectual property
    A trademark is only one form of intellectual property and is typically associated with logos and brand ‎names. The other forms of intellectual property that can be protected by companies are:‎

  • Patents – used for new technology, inventions, ideas, processes, and methods
  • Copyrights – used for literary/artistic/dramatic/musical works, or computer software
  • Industrial designs – used for shapes, patterns or ornamentation applied to industrially produced ‎objects
  • If you are still undecided about a trademark registering in UAE, reach out to us for a consultation and we will be happy to guide you through trademark registration in Dubai or anywhere else in the UAE.

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