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Are you considering registering a trademark in Dubai? Protecting your brand’s identity is essential, and the UAE offers a streamlined process to help businesses secure their intellectual property.
This guide walks you through the process, costs, and requirements on how to register a trademark in Dubai, in accordance with UAE’s Federal Decree-Law No. 36/2021 on Trademarks and Cabinet Decision No. 57/2022.
I have also briefly covered the procedure for trademark registration worldwide through the “Madrid System.” This ensures you have all the information needed for a successful application.
What is a Trademark?
A trademark is a unique sign, symbol, logo, or design that distinguishes your products or services from competitors. Registering your trademark in Dubai gives you exclusive rights, preventing others from using similar marks that could confuse consumers.
Trademark Registration Classes in the UAE
The UAE follows the Nice Classification, which divides trademarks into 45 classes: 34 for goods and 11 for services. This means that the United Arab Emirates officially joined the Nice Agreement on January 18, 2022.
Before filing your trademark, identify the appropriate class that matches your business activities. For example, if you run a fashion brand, Class 25 (clothing, footwear, and headgear) might be applicable.
What is Nice Classification
The Nice Agreement creates an organized classification system for goods and services to facilitate the registration of trademarks and service marks (known as the Nice Classification).
This system requires that the trademark offices of Contracting States include in all official documents and publications related to each trademark registration the specific class numbers of the Nice Classification relevant to the goods or services for which the mark is registered.
Trademarks That Can Be Registered
The following can be registered as a trademark in Dubai, UAE:
Trademarks That Cannot Be Registered in the UAE
Why Register a Trademark in Dubai?
- Legal Protection: Avoid potential disputes and unauthorized use of your brand.
- Brand Value: Enhance the credibility and value of your business.
- Market Expansion: A registered trademark is essential when expanding locally or internationally.
Terms and Conditions for Trademark Registration in UAE
1. Who Can Register?
The trademark registration application must be submitted by:
- The owner of the trademark if they have a domicile in the UAE or
- By a registered trademark agent.
- Applications from entities in free zones are treated as those submitted by UAE residents.
2. Application Scope
You can submit an application for one or several classes based on the international classification of goods and services.
3. How to Apply
Applications must be submitted using the prescribed form through the electronic services of the competent department. Registration fees vary if the application covers multiple classes.
Documents Required for Trademark Registration in UAE
When filing for trademark registration, ensure you attach the following:
- Evidentiary Documents: Proof of trademark ownership.
- Power of Attorney: A copy, duly authenticated and translated into Arabic, if the application is submitted by a registered agent.
- Certified Arabic Translation: Required for trademarks including foreign terms.
- Musical Notes and MP3 Files: For trademarks involving audio.
- Chemical Composition Description: If the trademark pertains to an odor.
How to Conduct a Trademark Search in the UAE
To conduct a trademark search in the UAE using the Ministry of Economy website (MOE), follow these steps:
1. Visit the Ministry of Economy’s website: Go to the Ministry of Economy – UAE website.
2. Navigate to the Trademark Inquiry Service: Look for the “Trademark Inquiry” service under the “Trademark Services” section.
3. Submit a Request: Fill in the required details to submit a request for searching the trademarks registry. This will help you investigate the existence of a trademark that has been submitted or registered, similar to the trademark you propose.
4. Pay the Fees: The service fee for a trademark inquiry is AED 350. You can make the payment online through the Ministry’s website.
5. Receive the Results: Once your request is processed, you will receive the results of the inquiry immediately.
By following these steps, you can ensure that your proposed trademark does not conflict with any existing trademarks in the UAE.UAE
Steps to Register a Trademark in Dubai
Step 1: Trademark Search in UAE
Conduct a thorough trademark search to ensure your trademark is unique.
Step 2: Preparation of the Application
Prepare and submit your application electronically via the UAE Ministry of Economy’s portal. Include the following details:
- A clear copy of the trademark (JPEG format).
- Applicant’s name, address, nationality, and profession. If an entity, include its headquarters’ details.
- Registered agent’s name and address, if applicable.
- Accurate description of the trademark.
- List of goods or services classified per the International Classification of Goods and Services (Nice Classification).
- A copy of the commercial license if applying as a company or institution.
- Power of attorney, translated and authenticated in Arabic (if using an agent).
- Any additional data required by the Ministry.
If the application is submitted in a personal name and the trademark owner is from within the country, a commercial license is not required.
Step 3: Submission and Initial Review
- Select the option of “Register Trademark” under the Trademark services from the list of electronic services (e-services).
- Log in using your digital ID.
- Fill in the application data and attach the required documents.
- Pay the service fee of 750 AED.
- The Ministry will review the application within 90 days and notify the applicant of its decision.
Step 4: Examination of the Application
The Ministry’s competent department will review your application to ensure it:
- Does not infringe upon existing trademarks.
- Complies with Federal Decree-Law No. 36/2021 and its executive regulations.
Outcomes:
- Accepted Applications: Applicants must pay 750 AED as publication fees for public announcement.
- Conditionally Accepted Applications: Amendments may be required.
- Rejected Applications: Applicants can file a grievance within 30 days.
Step 5: Publication of the Trademark
Approved applications are published in the Ministry’s online bulletin, issued twice a month. This announcement includes:
- Application number and date.
- Trademark copy and description.
- Applicant’s name, address, and nationality.
- Goods or services classification.
The publication fee is 750 AED, and the objection period lasts 30 days from the publication date.
Step 6: Handling Objections
- Any individual may file an objection to the trademark registration within 30 days of publication.
- The applicant must respond to objections within 30 days, providing the required documents and attending hearings if necessary.
- If no objection is received or all objections are resolved, the applicant proceeds to the next step.
Step 7: Final Approval and Registration
After the objection period:
- Pay the final registration fee of 5000 AED.
- Receive the trademark registration certificate within 30 days.
For trademarks indicating inspection or examination procedures, the final registration fee is 7500 AED.
Note: Delays in paying publication or registration fees incur fines. For publication fees, fines are 100 AED per month, up to a maximum of 1000 AED per year. For registration fees, fines are 1000 AED per month, up to a maximum of 10,000 AED per year.
Trademark Ownership and Disputes
1. Ownership Rights
The person who registers a trademark is deemed its sole owner. After continuous use and registration for five years without legal disputes, ownership cannot be challenged unless bad faith is proven.
2. Resolving Disputes
The first person to use the trademark may request its cancellation within five years of registration if they have not consented to its use by the registrant.
How Much Does It Cost to Register a Trademark in Dubai?
The total cost for trademark registration in the UAE, as per the Ministry of Economy’s website, is AED 6,500. Here’s a breakdown:
- Application Fee: AED 750
- Publication Fee: AED 750
- Final Registration Fee: AED 5,000
Note: The costs may be subject to change, so it is always advisable to consult the Dubai trademark office or the Ministry of Economy’s website for the most up-to-date information.
Renewing Your Trademark
Trademark protection in Dubai lasts for 10 years. Trademark Renewal applications must be filed during the final year or within six months after the expiry, subject to additional fees. Renewal announcements include:
- Registration number.
- Trademark owner’s name and address.
Required Documents for Trademark Registration in Dubai
- A photo of the trademark to be registered in JPEG format.
- A copy of the commercial license (if applying as a company or institution).
- Power of attorney, translated and authenticated in Arabic, if using a registration agent.
- If the trademark owner is from outside the UAE, the application must be submitted through a registration agent with a notarized power of attorney.
How to Register Trademark Worldwide
Are you looking to protect your brand internationally from the UAE? Here’s a streamlined process to help you register a trademark worldwide using the Madrid System run by the World Intellectual Property Organization (WIPO)
Steps and Procedures
Login to MOE Website: Visit the Ministry of Economy (MOE) website.
Sign in with UAE PASS: Use your UAE PASS for authentication.
Choose the Service: Select the external e-filing website from the list of services.
Fill in the Application Data: Complete the required application details.
Service Fees
- Payment: Fees are paid through the WIPO website.
- Calculation: Fees depend on the number of countries in which the trademark is to be protected.
Fees Include:
- Basic Fee: 653 Swiss francs (approx. AED 2,615.07)* ; or 903 Swiss francs (approx. AED 3,616.61)* for a mark in color. You get a 90% discount if you file in a least-developed country.
- Additional Fees: Depend on where you want to protect your mark and how many classes of goods and services you cover.
- Expansion, Modification, or Renewal Fees: Additional fees apply if you expand, modify, or renew your registration.
- Payment Currency: All payments are in Swiss francs (CHF).
*Exchange rates can fluctuate, so it’s always a good idea to check for the most current rate if you’re planning a transaction.
Conditions and Requirements
- Local Application: Local companies, individuals, and institutions must have a local trademark registration or application.
Required Documents
Trademark Application/Registration: Have an application or registration for the trademark.
Average Duration for Service Delivery
- Processing Time: 12 to 18 months from the date of application receipt by the designated countries, with 2 months to send to WIPO.
Managing Your Trademark
- Manage Your Trademark: Use WIPO’s eMadrid system for renewals and changes.
Why Use the Madrid System?
The Madrid System allows you to:
- File a single international application.
- Obtain protection in up to 131 countries.
- Modify, renew, or expand your trademark through a single central system.
Trademark Search:
- Global Brand Database: Use this trademark search database to check for existing trademarks worldwide, making sure your trademark is unique and avoiding legal issues.
FAQs About Trademark Registration in Dubai
The total cost is 6500 AED, which includes:
- 750 AED application fee.
- 750 AED publication fee.
- 5000 AED final registration fee.
For inspection-related trademarks, the total is 7500 AED.
The process can take up to 90 days, but it may be shorter if there are no objections or issues.. The duration can vary depending on the complexity of the trademark application and whether any objections are raised.
Yes, but they must be translated into Arabic, and their pronunciation must be clarified in the application.
The competent department will notify you, and you must respond within 30 days. The resolution involves hearings and submission of supporting evidence.
Yes, you can make changes to your registered trademark in the UAE by submitting a request to the Ministry of Economy along with the necessary documentation and fees.
Yes, the UAE allows registration across multiple classes in a single application, though fees will be calculated per class.
Conclusion
Registering a trademark in Dubai is a strategic move for businesses looking to protect their brand identity. By following the guidelines outlined above, you can ensure a smooth registration process. Whether you’re a startup or an established enterprise, securing your trademark is an investment in your brand’s future. Ready to register your trademark? Visit the UAE Ministry of Economy’s website today and take the first step toward safeguarding your business.
Disclaimer: The fees mentioned in this article are correct as of the time of writing. However, fees and procedures may be subject to change. It is advisable to consult the UAE Ministry of Economy or a legal professional for the most current information. This article is based on my research and study of trademark law in the UAE. This article is not legal advice and does not create an attorney-client relationship.
