A Trademark is a recognizable and identifiable sign, design or expression, logo, symbol, word or any combination thereof which identifies the products or the services of a particular source. A Trademark must be distinctive, and it must be registered with the appropriate authority to obtain the legal ownership and protection of various rights. Generally, Trademark rights are guaranteed usually for 7 to 20 years. These rights are also protected internationally by intellectual property rights treaties.
Trademark Law is the law which generally prevents others from using any of the unique attributes to that which has already gone through registration. In UAE, Federal Law Number (37) OF 1992 contains various provisions regarding trademark law. According to Article 2 of Federal Law Number (37) of 1992, a Trademark is considered a trademark should the product have 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.
Federal Law Number (37) of 1992 further categorizes what which isn’t regarded as a trademark; this includes the mark having no property or distinctive character, any mark breaching the public morals or violating the public order, logos of the Red Crescent or Red Cross and such other similar symbols which may give rise to offense.
According to Article 5 of Federal Law Number (37) OF 1992 there is 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 licence for use concerning such marks or any other changes.
Procedure for the Trademark registration in UAE
Once completing the application for Trademark, it will receive an examination by the ministry, and following this, there is 30 days period for filing an opposition by any interested party. In the absence of any objection, the registration will be complete, and the certificate of registration issued. Generally, the Trademark registration value is ten years.
New Trademark application in UAE
In 2018, a new administrative decision regarding the trademark application procedures came into force.
According to this update, it is now the case that all trademark applications are fillable online. Further, the regulation also states that in the event an application contains the wrong information concerning the list of goods and services, international classification number, missing documents or any further aspect, the examination section shall issue an official action against these applications, and applicants.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.