Here is a summary of the trademark registration in Dubai.
What is a Trademark?
A trademark is a distinct word, multiple words, symbol, and a logo that are registered. A trademark protects brands and logos used on services as well as goods. Trademark is the intellectual property rights that are protected by the law. Trademarks are totally different from patents, which protect an idea, formulas or inventions and copyright, which protect an original work of authorship.
The first time in the U.A.E trademark law was introduced in 1992 in federal law section 37. The main purpose of a trademark is brand protection and recognition. Trademark server the confidence of consumers that product or the company bearing the trademark are of a well-known brand and good quality. In a simple way, the trademark protects consumers from using fake brands or counterfeit products. Accordingly, trademarks help in standing out amongst the competition by protecting the goodwill of the enterprise that owns the trademarks.
Trademark Authority in the U.A.E
For the purpose of trademark registration, the Trademarks Office- Ministry of Economy is the authority in charge. However, for the Enforcement of trademarks
- The IPR (Intellectual Property rights) Department- DED (Department of Economic Development)
- The ECD (Economic Crimes Department)- CID (Criminal Investigation Department)
- Ministry of Justice
- Customs Department
What Can Be Considered as a Trademark?
Any form of distinct logos, words, seals letters, hallmarks, numbers, titles, advertisements packs, marks or groups of marks which are to be used to distinguish or differentiate between goods and services is allowed to be registered as a trademark.
Any form of distinctive seals letters, numbers, words, logos, hallmarks, titles, advertisements packs. marks or group of marks that are to be used to distinguish or differentiate between goods or services is allowed to be registered as a trademark.
What can’t be registered as a Trademark
There are some things that are not registered as a trademark. Here is the list below:
- Descriptive marks or marks that are not distinctive or unique
- Any form of mark that violate public morals or public order
- Flags or symbols similar to that of any country, governments, an international organization which cannot be used without permission by the foreign authority
- Logos of the Red Crescent or Red Cross or any other imitation of such a similar organization is prohibited
- Symbol having similar to the religious character
- Geographic names that cause confusion as to the origin of product or service
- Bank Note, Coins, as well as National and International Medals
- A translated version of a well-known mark or an already registered trademark if such translation would cause confusion to the customers.
Documents Requirements for a Trademark Registration in Dubai, U.A.E
Here are a list of required document which is provided before a trademark registration application. Additional info also may have to be submitted.
- Nationality, name and address of the trademark owner
- Nature of business for which the trademark will be used
- A visual representation of the mark
- Meaning or significance of the mark if the mark is not in Arabic
- A power of attorney from the holder, duly notarized as well as legalized at the consulate of UAE. However if the notarisation is done at UAE, no legalization is required
- If priority is being claimed, all details regarding the priority application as well as an approved copy of the priority document.
Regions Covered Under a UAE Trademark
A UAE trademark registration is protected in the emirates of Sharjah, Abu Dhabi, Ajman, Ras Al Khaimah, Fujairah, Umm Al Quwain. You can also register your trademark GCC countries and international for this case application required separately.
Domain Names under Trademark
A domain name in the UAE can be owned by companies as well as individuals without the need for any local presence. The domain name, however, has to be registered with the authority in the UAE, which in the .ae extension. A domain name is only protected if it is registered under the Trademark law of the UAE. Usually, to avail protection for a Domain name, and unfair competition lawsuit is filed in the court to enforce the rights in domain names.
Remedies Available for Trademark Infringement
In case of infringement, the following remedies can be sought depending upon where the action is initiated
- Confiscation and destruction of the goods
- Interim as well as permanent injunctions
- Damages and compensation
- Imprisonment of infringer with fine
- Temporary Ban on operations of the Business Enterprise
The stronger the trademark, the better protection it will have. The best trademarks are suggestive original, arbitrary, descriptive, fanciful, and totally unexpected. Trademarks that are basic or that inadequately showcase and describe products or brands usually receive less protection. Descriptive trademarks also can be registered, but they are weak. A strong mark is said to have a not so obvious connection to the services or brands.
Registration of trademarks in the UAE might seem like a tenuous job without help. Our team of experts at Commitbiz can offer our expert advice and provide a hassle-free trademark registration. Feel free to contact us, and we’d be more than happy to help.