7 Common Mistakes to Avoid When Filing a Trademark in UAE

1. Not Conducting a Thorough Trademark Search

The most frequent mistake occurs when proper trademark research is not carried out. Almost everyone feels their brand name or logo is unique. They directly file their trademark in the UAE without doing a trademark search in the database maintained at the Ministry of Economy in the UAE.

This may result in the refusal of your application. To prevent this, always conduct an exhaustive search or consult with a professional to check the originality (or uniqueness) of your trademark.

Tip: Conduct a thorough search or seek advice from a professional before submitting your application to save time and resources.

2. Using Generic or Overly Descriptive Terms

Another one of the common mistakes to avoid when filing a trademark in the UAE is using generic terms, also called common terms, such as “Milk” for dairy, or phrases that describe your goods or services, like “Best,” “Global,” or “Luxury.” These terms are not distinctive and cannot be trademarked. The UAE Ministry of Economy requires that trademarks must be distinctive.

Here, “distinctive trademark” means there should be some uniqueness in your brand name to be filed under trademark.

The best example to understand this concept is “Apple” for iPhones and Mac computers. Here, “Apple”, which is a common fruit, has no inherent relation with technology or computers, making it highly distinctive and unique, hence standing out in the market.

Remember: As a general rule, generic names are not granted trademark protection in the UAE. Focus your efforts on creating a distinctive and memorable brand identity that resonates with your target audience to make your application stronger.

3. Choosing the Wrong Trademark Class

Trademarks fall under different classes, which represent various goods and services. The mark will be considered invalid if it is filed under the wrong class. For example, a clothing brand filing a trademark under a technology-related class will not protect your apparel business.

Choosing the right class is essential, and this is one of the most common mistake made by the business owners when filing a trademark in UAE. Be sure to research under which Nice Classification your brand fits.

Solution: Familiarize yourself with the Nice Classification system or seek professional advice as regards choosing the right class to file your trademark application under.

Important Note: According to the new UAE Trademark Law, Federal Law No. 36 of 2021, an applicant is allowed to apply for more than one class in one application. This is what is referred to as multi-class filing.  In the old law, applicants were required to file separate applications in respect of each class of goods or services. The new law has made it easier and less costly for brand owners.

4. Submitting Incomplete or Incorrect Documents

Another common mistakes to avoid when filing a trademark application in the UAE is to file incomplete documentation. Some of the documents, which should accompany every trademark application, are:

• The representation of the trademark to be registered,
• proof of business activity (Trade License) , and
• Valid identification.(such as Emirate ID)

Missing information or accuracy issues can be one of the reasons for delays or refusals. Therefore, completion of all documentation and their appropriateness as per requirements by MoE will be ensured. Doubling-check your submission will save time and reduce stress.

5. Neglecting to Monitor for Infringements

Filing your trademark in the UAE is only the first step. One of the common mistakes to be avoided when filing a trademark in UAE is assuming the government will monitor and protect your trademark. It is your duty to be watchful of potential violations of your trademarks and take action immediately.

The UAE enforces very strict laws related to trademark infringement, but generally, enforcement starts with the owner of the trademark. The key to avoiding expensive disputes is regular monitoring of your brand.

Tip: Set up monitoring tools or hire a legal consultant to keep your brand protected from potential violations.

6. Avoid Copying or Imitating Famous Trademarks

One common mistake when filing for a trademark in the UAE is trying to copy or imitate a famous brand’s name or logo. This includes translating it into Arabic or changing it slightly so it sounds the same. If your trademark looks or sounds too much like a well-known brand, especially for similar products or services, your application is likely to be rejected.

Way to avoid: Make sure your trademark is unique and doesn’t resemble any famous brands. This will help you avoid legal problems and get your trademark approved.

7. Avoid Misleading or False Trademarks

Another common mistake when filing for a trademark in the UAE is using marks that could mislead the public or include false information. This includes lying about where your products or services come from or their features.

It’s also a problem if your mark includes a trade name that belongs to someone else. It’s essential to ensure that your Logo that are trademarked are accurately representing your brand.

Example: Let’s say you’re selling coffee and you call your brand “Swiss Delight,” but your coffee isn’t actually from Switzerland. This would be misleading. Or if you use a name like “Nike Electronics”—even though Nike is known for sportswear, not electronics—it could cause confusion because Nike is a well-known trade name owned by a third party.

How to Avoid: To avoid this mistake, make sure your trademark accurately represents your products or services and doesn’t use names or features that belong to others.