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4. Results: Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
United Arab Emirates

Answer ... Under the UAE Trademarks Law, anything with a distinctive form – such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packaging or any other marks or groups of marks – will be considered a trademark if it is used or intended to be used either:

  • to distinguish goods or services, whatever their source; or
  • to indicate that the goods or services belong to the trademark owner, due to their manufacture, selection or trading, or to indicate the rendering of a service.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
2.2
What are the requirements for a designation or other identifier to function as a trademark?
United Arab Emirates

Answer ... See question 2.1.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
United Arab Emirates

Answer ... The following shall not be registered as a trademark or as a component thereof:

  • marks which are devoid of any distinctive character or property, or which consist of mere denominations required by convention in relation to the goods or services, or familiar drawings and ordinary pictures of goods or services;
  • marks that violate public morals or public order;
  • public emblems, flags and other symbols pertaining to the state, Arab or international organisations or any institutions thereof, or of any foreign country without authorisation therefrom, and imitations of such emblems, flags or symbols;
  • symbols of the Red Crescent or the Red Cross and other similar symbols, as well as imitations thereof;
  • marks which are identical or similar to symbols of a purely religious nature;
  • geographical names whose use may cause confusion as to the origin or source of the goods or services;
  • names, surnames, photographs and emblems of third parties, without the prior consent of the third party or his or her heirs;
  • particulars pertaining to titles of honour to which the applicant cannot prove it is lawfully entitled;
  • marks which may mislead the public or which contain false data as to the origin or source, or other characteristics, of the goods or services, and marks that contain an imaginary, imitated or forged trade name;
  • marks which are owned by natural or legal persons, where dealing with such persons is prohibited;
  • marks whose registration in some classes of goods or services may diminish the value of other goods or services distinguished by such mark;
  • marks containing the following words or phrases: ‘privilege’, ‘privileged’, ‘registered’, ‘registered drawings’, ‘copyright’, ‘imitation is forgery” or similar words and phrases;
  • national and foreign decorations and metal and paper currencies; and
  • translations of famous marks or previously registered trademarks, where registration would confuse the consumer public as to the goods distinguished by the mark or other similar goods.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
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Trademarks