The UAE's economy ranks first among Arab countries and is one of the major trading countries for Chinese enterprises in the Middle East, and is also a major destination for many overseas applicants in need of trademark protection.
Background of the UAE Trademark System
On December 28, 2021 the United Arab Emirates joined the Madrid International System.
The new UAE Trademarks Act (Act 36 of 2021) came into force on January 2, 2022. The new Act introduced a number of amendments, such as clarifying the criteria for well-known trademarks, allowing the filing of applications for more than one type of trademark, allowing the registration of a series of trademarks, and prior use: clarifying that the prior user of a trademark has the right to revoke the registration of a registered trademark within a period of five years, unless the prior user of the trademark has accepted the registration, either expressly or implicitly, and so on. The following are some examples of such provisions.
This shows that the UAE attaches more and more importance to copyright and data protection. The UAE law is also very strict on the protection of trademarks, and its Trademark Law clearly stipulates the principle that trademarks shall not infringe on the prior rights of others, and there are also very strict requirements for trademark registration:
1. It cannot violate the prior rights of others;
2、Cannot violate the prohibited terms of the Trademark Law.
Registration Method
There are two ways to register a UAE trademark:
① Registration through a single country (direct registration in the UAE);
② Apply for designation of UAE through Madrid.
How should I choose between the two types of registration?
Let us first understand the benefits and drawbacks of applying for a UAE trademark through the Madrid system.
Benefits: The benefits of registering a UAE trademark with the Madrid Trademark Route are cost savings, simple procedures, and no need to notarize and certify a Power of Attorney (POA) for trademarks.
Disadvantages:
1) There is no separate certificate of registration for the UAE trademark;
2) The lead time for direct registration of a UAE trademark is around 4 months, however, the lead time for registration of a UAE trademark through Madrid is around 8-10 months at the earliest as it has to go through the International Office of the China Trademark Office and the International Bureau of WIPO for scrutiny and referrals.
(3) Unfamiliar with the UAE Ministry of Economy's trademark classification, the trademark registration of the goods items are not accepted if they are required to be modified, or to carry out the Amazon filing must be re-examined trademark proxy certification, commissioned by the local attorney to answer and receive verification code, not only does not save money but also delay the trademark registration time.
Chinese sellers in the Amazon Middle East station and other e-commerce platforms to open stores have the need to register the UAE trademark, it is recommended to use a single country registration method to register the UAE trademark, because the advantages of this method have the following points:
(1) The speed of registration is shorter compared to the examination cycle of the Madrid trademark registration method, usually 3-4 months to obtain the UAE trademark registration;
(2) UAE attorneys will make sure that they select items that are acceptable to the UAE Ministry of Economy when submitting a trademark application, minimizing the cost and time delays involved in the trademark review process;
3) An appointed UAE attorney can be the first to receive the Amazon Verification Code, allowing for a timely Amazon branded docket.
Type of Trademark Application
The registration of UAE trademarks follows the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and consists mainly of two categories: goods and services.
Among them, the commodity classification is divided into 45 categories, the specific content of each category is subdivided into 10 sub-categories, each sub-category contains a number of specific commodity names;
Services are categorized into 10 sub-categories, and the specific content of each category is subdivided into 11 specific service names.
If you are not sure which category the product you need to register belongs to, you can contact the green circle at the end of the sales lady to help you.
Basic information required for registration
1. Name, address and nationality of the applicant;
2. Logo pattern;
3. Specify the use of trade names/service items;
4. Power of attorney (notarized).
Registration Process
Time Related
Trademark publicity period: 90 days, the expiration of the period without anyone to raise objections will be allowed to register, the applicant must pay the registration fee within 30 days after the expiration of the period.
Trademark registration time: 4-6 months
Trademark registration is valid for 10 years from the date of application.
Trademark Registration Renewal Period: Can be renewed within 6 months before or 3 months after the expiration date.
Deregistration: Anyone or the Trademark Office itself can apply for deregistration after 5 consecutive years of non-use.
How to search for UAE trademarks
UAE Trademarks can be checked online through the Ministry of Economy's website (www.economy.ae) and require an official fee of:Dh350.
Points of Attention
1. One power of attorney can be used to apply for more than one category;
2、Trademarks can be applied for large categories, do not have to worry about the selection of specific goods;
3. Alcoholic beverages in Categories 32 and 33 cannot be submitted for registration;
4. If the trademark is not used for 5 consecutive years after registration, it may be revoked by a third party;
5. The cost of trademark registration in the UAE is relatively high. Before applying for a trademark in the UAE, a preliminary search for the existence of similar trademarks through a trademark search can prevent the subsequent dismissal of the application due to the encounter of similar trademarks, which may result in unnecessary costs.
"To be able to handle trademarks efficiently and professionally, unless you are well versed in this field, a reliable agency is the best choice.
Green Circle Accounting is a benchmark Middle East tax one-stop-shop, with a special focus on Federal Tax Administration (FTA) rules and regulations, and local UAE-based professional and experienced tax specialists who can handle a wide range of complex issues related to VAT and trademarks.
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