United Arab Emirates (UAE) Trademark System

Introduction

United Arab EmiratesBelow is information that will help you protect your trademark rights.
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*<Average examination period for UAE trademark applications> *As of June 2018
The examination period from the application to the decision to register is approximately 9 to 12 months, unless a notice of reasons for refusal is issued or an opposition is filed.

Trademark rights in the UAE

A. Regarding the subject of trademark registration

(1) Type of trademark

1. Product trademark
2. Service mark (service trademark)
3. collective trademark
4. Marks used only for supervision or inspection purposes
5. Marks used for non-commercial purposes
6. Geographical Indication (GI)

(2) Targets of protection for trademarks that can be applied for

Names, phrases, signatures, letters, numbers, drawings, symbols, addresses, stamps, photographs of people, engravings, packaging, graphic elements, forms, colors (single color or multiple colors), combinations thereof, codes or groups of codes.
*Three-dimensional trademarks, single-color trademarks, hologram trademarks, sound trademarks, and scent trademarks are also permitted.

B. Flow from application to registration

(1) Term of existence

- 10 years from the date of application.
・Can be renewed repeatedly in 10-year increments without any new examination.

(2) Classification

• Multi-class applications (one application, multiple classification system) are permitted.
• 2021Years12Month8In accordance with the new Federal Law issued on , the country has officially joined the Nice Agreement.

However, the33General categories, No.32alcoholic beverages,29Pork, etc. cannot be registered.

(3) Documents required for application (language: Arabic)

1. Application
   If the mark contains words in a foreign language, an official Arabic translation must be attached to the application.
2. trademark sample
3. Power of attorney (signature and consular authentication required)
4. Priority certificate (only in case of priority claim)

(4) Publication of application

Once a trademark application is accepted, it will be published in the official gazette of the competent authority.

(5) Examination

• There is no review request system.
• A substantive examination will be conducted.
• The main reasons for non-registration are as follows.

(i) Trademarks lacking distinctiveness
(ii) Trademarks that are contrary to public order and morals
(iii) Geographical names that may cause confusion about the origin of goods and services
(iv) Marks that mislead the public or contain false information regarding the source/origin of goods and services, and marks that contain fictitious, imitated, or forged trade names;
(v) a mark that, if registered, would be a translation of a well-known mark or another registered mark if it would cause confusion among consumers as to the identity of goods identified by the mark and similar goods;
(vi) Marks incorporating national or foreign emblems or currency;
(vii) A trademark that is the same or similar to an already registered trademark for the same goods or services cannot be registered.
Furthermore, even if the trademark is used for goods or services different from this registered trademark, if its use indicates a relationship between the goods or services and the trademark right holder, or there is a risk of harming the interests of the trademark right holder. , cannot be registered.

(6) Publication of application/objection

If the application is approved, the trademark will be published in the Official Gazette and two Arabic-language daily newspapers published in the UAE at the applicant's expense.
Interested parties may file an objection within 30 days from the date of the last public notice.
*Please note that the period for filing an objection is short.

(7) Registration

If the application meets the registration requirements, a decision on trademark registration will be made within 30 days from the filing date.

(8) Trial/cancellation request system

① Invalid

For erroneous registrations, interested parties may seek a court order to cancel the trademark registration.

②Cancellation of non-use

Interested parties can request cancellation if the license has not been used for five years.

(From a survey of the system for acquiring and exercising trademark rights in JETRO and the United Arab Emirates)

C. Treaty

The status of membership in the main treaties is as follows.