Affiliations Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). Conventions: Paris Convention, Berne Convention, Rome Convention, WIPO Copyright Treaty, WIPO Performances & Phonograms Treaty, Patent Cooperation Treaty. Country Information.
Trademark / Service / Collective Mark Applications
Power of Attorney duly notarized & legalized up to the Consulate of the UAE. (Late submission of the POA is applicable within 60 days as from the filing date). A certified copy of the home/foreign application/registration, if priority is claimed.
Quality Control Mark Applications
Power of Attorney executed by the applicant duly notarized and legalized up to the UAE Consulate. It is necessary to submit the legalized Power of Attorney at the time of filing the application. Yet, late submission of the POA is applicable within 60 days as from the filing date. Certified and legalized copies of the articles of incorporation of the legal persons who take care of the quality control and testing stating the amendments that have been made to the regulations. The Minister’s approval to the registration of the mark. This will be obtained at our end. Two copies of the list of goods to which the mark is used for the testing measures mentioning their specifications and quality. A list of the persons who are going to use the mark.
Two copies of the rules, which the applicant follows in quality control and testing measures stating the amendment’s made thereto. It is possible to amend the rules of use after filing. A list of the goods or services to be covered.
A legalized copy of the application filed for the mark, in case of claiming priority. Meaning of the mark, if any of its origin
Renewal of Trademark/Service Mark Registrations
Power of Attorney duly notarized & legalized up to the Consulate of the UAE. (In case we are not the attorney on record at the UAE TMO). A copy of the certificate of registration of the trademark.
Power of Attorney executed by the assignee and duly legalized up to the Consulate of the UAE. A duly notarized & legalized deed of assignment executed by both parties.
A simple copy of the registration certificate of the mark.
Registered User/License Applications
Power of Attorney in the name of the licensee duly legalized up to the Consulate of the UAE. A legalized copy of the license agreement executed by both parties
A simple copy of the registration certificate of the mark.
Change of Name/Address Applications
A Power of Attorney in the new name and/or address duly notarized & legalized up to the Consulate of the UAE. A legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile. A simple copy of the registration certificate of the mark.
Power of Attorney duly notarized & legalized up to the Consulate of the UAE.
For individual merchants, two copies of the following:
The commercial permit.
The entry in the commercial register.
The commercial agency agreement duly legalized up to the Consulate of the UAE.
The Arabic translation duly notarized, if the agency contract is not in Arabic.
The agent’s entry or identification card.
The Powers of Attorney duly notarized.
Two copies of the declaration.
In the United Arab Emirates, the legal basis is the Federal Trademark Law No. 8. The United Arab Emirates has one common (Federal) Trademark Law which covers the seven emirates of Dubai, Abu-Dhabi, Sharjah, Ras Al-Khaimah, Ajman, Fujairah, and Umm Al-Quwain. The international classification of goods and services consisting of 45 classes has been adopted (exceptions: classes 32 and 33: trademark protection cannot be achieved for alcoholic beverages). Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. The International Classification of Goods and Services for the Purpose of the Registration of Marks under the Nice Agreement (9th edition) is followed in the UAE and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.
Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Trademark Journal as well as in two local daily Arabic newspapers and the cuttings of the notices are to be submitted to the Trademark Office. Any interested party may file a notice of opposition to the registration of the mark within 30 days from the date of any publication. The Registrar’s decision concerning the opposition may be appealed to the Committee and the Committee’s decision to the competent court. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.
According to Decree No. 12 for 2002 issued by the Ministry of Trade and Commerce on February 3, 2002, payment of registration fees should be made within 60 days from the date of expiry of the opposition period or the date of receiving a decision from the Trademark Office regarding an opposition (if any). Based on this, our invoice covering registration charges will be issued at the filing stage in order to attend the payment of the official fees to the Trademark Office.
Trademark registration is valid for 10 years as of the date of filing the application renewable for similar periods. The renewal fees of a trademark registration can be paid during the final year of the protection period.
A grace period of 3 months is allowed for late renewal with a fine. The renewal of a trademark is also published in the Trademark Journal and in two local daily Arabic newspapers. The ownership of a registered trademark can be assigned with or without the goodwill of the commercial enterprise. Unless an assignment has been recorded in the register and published in the Trademark Journal, the assignment shall have no effect vis-à-vis third parties. Changes in the name and/or address of the registrant must be recorded in order to protect rights. Registered user agreements, license, and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well.
The use of a trademark is not compulsory for filing applications for registration or for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration, if the owner fails to use such a trademark in the UAE for 5 consecutive years from the date of registration.
Illegal and/or unauthorized use of a registered trademark by any third party, use of a fake or counterfeit trade/service mark, application to one’s goods a registered trademark belonging to another party in bad faith, dealing in goods bearing a fake or counterfeit trademark, rendering services under a fake or counterfeit service mark, and use of a trademark that falls under certain categories of unregistrable marks are offenses punishable under the law in the UAE.
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