TRADEMARK IN UAE

Definition Of Trademark

Anything which takes a distinguishing and distinctive form whether words, names, signatures, figures, letters, symbols, drawings, titles, pictures, seals, tax stamps, inscriptions, packs or advertisements or any other mark or combination of it thereof, which is used to intended to be used, either for distinguishing goods or services whatever their origin is, or to show that the goods are owned by the mark owner by virtue of their production, manufacture, selection or dealing in the same, or to indicate the performance of a service is known as a Trademark. If a sound accompanies a Trademark, it will be considered a part of it.

Trademark Registration In UAE

Any mark which is similar or identical to a trademark that is already registered for the same classes of goods or services, or even non-identical classes of goods or services if using the mark can generate the impression of connection between the new mark and the already registered trademark, or if it hamper the image or cause damage to the registered trademark and damage its interest, will not be allowed to be registered.

If there are two or more persons who have applied simultaneously for the registration of the same trademark or any marks that are closely identical or similar to each other in the same class of goods or services, the registration of all such applications will be suspended by the Ministry under the parties come to an agreement and an assignment attested by the disputed parties in favor of one of them is produced, or until a final judgment is rendered in favor of one of them.

Time Of Registration

The registration application has to be determined by the Ministry within thirty days from the date of filing, whenever it fulfills the terms and conditions.

Registration Fees in UAE

1. To make sure that the proposed trademark doesn’t invite any conflicts, an inquiry application can be submitted with the Ministry of Economy & Commerce. The official fee for filing such an Inquiry Application is USD 275 .
2. Once the trademark is accepted, the registration application along with the trade license can be submitted along with a fee of 1000 AED and the registration fee which is around USD2,800 .
3. The trademark has to be then published in the Trademark Journal and two daily newspapers issued in the State. The publication fee of AED 2500  has to be borne by the registration applicant.
4. If there are no objections to the trademark, the registration process will be done after 30 days from the date of last publication.

CERTIFICATE OF REGISTRATION

The registration of the trademark will be in effect from the date of filing of application once the trademark is registered. On completion of the registration, the trademark owner shall be provided with a certificate containing the following particulars:

1. Registration number of the trademark.
2. Application filing date and registration date.
3. Trade name and/or the name of the trademark owner, his nationality and domicile.
4. An identical copy of the trademark.
5. Statement of the products, goods or services for which the mark is assigned, and their class.
6. Number and date of the International Priorityand the name of the member country of the Paris Convention for the Protection of Industrial Property in which the priority application was filed.

EXCLUSIVE OWNERSHIP

The applicant for the registration of trademark shall be the exclusive owner of the trademark. The ownership of the trademark cannot be contested unless the owner has ceased to use it for a continuous period of 5 years or more from the date of registration without a case being raised against him detesting his ownership of the mark.

A registered trademark gives the owner the right to prevent others from using a similar or identical trademark to distinguish identical or similar or related goods or services to those distinguished by the registered trademark in a manner that may mislead the consumer public.

Protection Period

1. The protection period for a registered trademark is 10 years.
2. The period can be extended by the trademark owner for continuous periods of 10 years by submitting and application for the renewal of the trademark during the last year of the ongoing protection period by following the terms and regulations mentioned in Trademark Law and Regulations.

Cancellation of Trademark Registration

Any trademark, which is unlawfully registered, can be cancelled by filing an application by the Ministry or any other interested party. The registration shall be cancelled by the Ministry when a final judgment is received and the implementing wording of the same are accompanied.

Authorization for Usage of Trademark

Any registered trademark may be, by written and attested agreement, can be given under a license to one or more persons to use for all or some of the products or services for which the trademark has been registered, and the trademark owner may use it by himself unless agreed for otherwise.

Opposition to the registration of the trademark

1. Within 30 days of the date of the last publication of the Trademark application, any interested party may object to the Registration of the trademark by submitting a written opposition to the Ministry or by sending it via registered mail.
2. Within 15 days from the receiving of the opposition application, the registration applicant shall be notified of the opposition by the Ministry.
3. The counter statement to the opposition has to be filed to the ministry by the registration applicant within 30 days from the date on which they were notified of the opposition. The applicant shall be deemed to have discarded his application if the counter statement is not received within the prescribed time period of 30 days.

 The aforesaid information is on indicative basis , the fees may change and has to be considered and verified when it is to be filed in UAE