Trademark registration in the UAE

What you can register

A trademark can be a word, a name, a logo, a slogan, a combination of these, and in some cases colours, shapes or sounds, as long as it distinguishes your goods or services from others. Marks that are purely descriptive, misleading, or too close to an existing mark can be refused.

Step one: search

Before filing, search the UAE register for identical and similar marks in your classes. A search costs far less than a rejected application or a dispute after launch, and it tells you whether to adjust the mark first.

Step two: choose your classes

Goods and services are grouped into international classes under the Nice classification. Each class is a separate filing with its own fee, so choose the classes that cover what you sell now and what you realistically plan to sell. A clothing brand that also plans a café, for example, needs more than one class.

Step three: file the application

Applications are filed electronically with the Ministry of Economy and Tourism. You will need the applicant's details (and trade licence for a company), a clear image of the mark, the list of goods or services in each class, and a power of attorney if an agent files for you. Priority from an earlier filing abroad can sometimes be claimed if you file within the deadline.

Step four: examination

The Ministry examines the application against the legal requirements and the register, and under the law it decides within a set period after filing. If it raises an objection, you can respond with arguments or amendments, and refusals can be challenged before the trademarks grievances committee.

Step five: publication and opposition

Accepted marks are published so that anyone who objects can file an opposition within the period stated in the publication. If there is no opposition, or it is rejected, the mark proceeds to registration once the registration fee is paid.

After registration

• Duration: ten years from the filing date, renewable for further ten-year periods.
• Use it: a mark not used for five consecutive years can be cancelled at the request of an interested party.
• Watch the register: oppose similar marks before they are registered.
• Record with customs: to help stop counterfeit goods entering the market.
• License in writing: and record licences where required.

Choosing a mark that is easy to protect

The strongest marks are invented or unexpected words that say nothing about the product, such as a coined name. Descriptive marks, such as a word that simply names the service, are harder to register and to defend. If you want a descriptive element, combine it with a distinctive name or logo. Check that the mark has no unfortunate meaning in Arabic, and decide early whether to file the word mark, the logo, or both: a word mark generally gives the widest protection.

If your brand is already registered in India

An Indian registration does not protect you in the UAE. You need a UAE filing, either directly with the Ministry of Economy and Tourism or, where available for your situation, through the international system. If you are expanding a brand from India, plan the UAE filing before your launch.

This guide is general information about UAE law and practice as at the date above, not legal advice for your situation. Procedures and fees change. For advice on your matter, contact us.