With a favorable business climate and abundant economic opportunities, investors and entrepreneurs from all over the world have flocked to UAE in recent years, further boosting competition in the market. Companies may also find their brand name or logo being copied without authorization, which can have a negative impact on their company. In the case of a trademark infringement, you have to show that your brand has been established in the UAE. That’s where trademark registration in the United Arab Emirates can assist. Trademarks in the UAE are protected by law. You will also be recognized as the owner of the goods and services with that trademark, according to UAE trademark registration.

Federal Law No. 37 of 1992, as well as executive rules issued hereunder, govern the registration and protection of trademarks in the United Arab Emirates. Trademarks are symbols, designs, or expressions that identify the products or services of a specific business from those offered by others. The trademark owner can be a person, a business, or a legal entity. A trademark may be imprinted on a piece of merchandise, its label, or its voucher. Trademarks are also displayed on company facilities for business identity reasons. There are two categories of trademarks: worldwide and local. These differ in their scope of protection, conflicts, and courtship.

THE PROCEDURE

Local trademarks are generally registered within the country in which they will be used and have full protection inside the country’s borders. The UAE Ministry of Economy and Commerce takes care of trademark registration. It is then published in two newspapers if the authorized ministry accepted the trademark request. If a person or company objects to a trademark, they must submit an objection to the government within thirty days after the date of final publication. An international trademark is a registered trademark in a foreign country. It not only covers the origin area but also includes additional international regions and jurisdictions. It’s worth noting that, in order to be regarded as an international brand or mark in the UAE, an overseas trademark must be registered in all/most countries.

IN THE EVENT OF VIOLATION

When one party uses a trademark that is identical or confusingly similar to a mark held by another, ‘the legal owner,’ infringement may result. These situations challenge companies’ identities and can have a marketing benefit for the purpose of distinction, affecting their business model. If you believe someone is using your trademark improperly, you can sue the trademark owner in Abu Dhabi Federal Court for damages. In these situations, the remedy could be to file a claim for monetary compensation from the party who attempted to use a similar trademark and have it removed from records at the Ministry. The burden is on the international business to show that its mark is well-known among consumers and is recognized worldwide if there’s a local trademark registered by a UAE firm that’s later challenged by an international company claiming that the trademark registered in UAE violates their international trademark. The court has broad discretion to accept, reject, or uphold the plaintiffs’ challenge on the strength of the case and the mark’s international significance. Furthermore, if the owner of a local trademark continues to use his mark for five years without being challenged and after that files an application with the court based on Article 17 of Federal Law No. 37 of 1992, the court shall disregard any oppositions filed against him in relation to his trademark.

IN THE UAE, WHAT TRADEMARKS ARE ELIGIBLE?

When registering trademarks in the UAE, there are certain restrictions to consider. A United Arab Emirates trademark must not include any of the following:

• Offenses against public morality and religion
• Symbols (such as flags) that are used to represent a group or organization.
• Symbols for the Red Cross and the Red Crescent, for example.
• Someone else’s name or a third party’s title
• Other well-known trademarks’ direct translation

There may be further regulations on what you may include in your trademark, which you can discover by contacting the Ministry of Economy.