In the United Arab Emirates (UAE), registering a trademark is not mandatory but highly recommended to establish clear ownership. Prevent conflicts, and defend against infringement cases. The rights to a trademark are granted to the first user in the territory. However, enforcing an unregistered mark can be difficult and expensive. To ensure the protection of your brand, it is essential to understand the process and Trademark Registration Fee.
Why Register a Trademark in the UAE?
Trademark registration provides several benefits in the UAE. It establishes clear ownership, preventing future conflicts over trademark ownership. It also serves as evidence of ownership, making it easier to enforce trademark rights and defend against cases of infringement. Additionally, registered trademarks have a validity of ten years from the application date and can be renewed indefinitely for further periods of ten years.
Trademark Application Process in the UAE
Trademark Registration In UAE is filed with the trademark department of the Ministry of Economy. The UAE is a member state of the Madrid Protocol, allowing for the extension of international registration of a trademark via the Madrid System. This system simplifies the process of trademark registration for businesses with international operations. However, it is important to note that a trademark does not need to be in use in the UAE for it to be registered.
Protecting Your Trademark in the UAE
When registering a combined trademark in the UAE. The exclusive right to use the trademark is limited to the exact configuration or way in which it was filed and registered. If you wish to use the word element or figurative element separately. It is recommended to register another trademark including only the elements you wish to use and protect separately. This ensures comprehensive protection for each element of your trademark.
If a third party intends to register or use a similar trademark for similar goods or services, you have the right to oppose the application based on confusing similarity. Opposition actions may be filed by third parties within thirty days after the date of publication in the official gazette. The success of an opposition will vary based on the circumstances of each case.
Trademark Renewal and Cancellation
Registered trademarks in the UAE have a validity of ten years from the application date and can be renewed indefinitely for further periods of ten years. Trademark renewal can be requested as early as twelve months before the expiration date or during the grace period of three months after expiration, upon payment of a late renewal fee.
It is important to note that a trademark must not go unused for periods of five years, as it becomes vulnerable to cancellation actions based on lack of use. Granting a license of use to another party may be considered as use of the trademark.
Trademark Search Reports in the UAE
Trademark search reports in the UAE are conducted in the Latin alphabet and only consider other trademarks in the Latin alphabet. If you require a search for a trademark written in the local Arabic writing system and including results of trademarks in the local alphabet, additional fees will apply. It is important to conduct a comprehensive search to ensure that your trademark does not conflict with existing registered trademarks.
Trademark Registration Costs in the UAE
Trademark registration costs in the UAE include official fees, attorney charges, and translation costs. The costs are generally dependent on the number of classes of goods and services under which the trademark applications are filed. For trademark registration under two classes, the estimated costs in the UAE range from approximately $2,651 to $10,437. The costs vary among the member countries of the Gulf Cooperation Council (GCC). With Oman being the cheapest jurisdiction and the UAE being the costliest.
GCC Trademark Law and Registration Costs
The GCC Trademark Law harmonizes trademark procedures across the six member states of the GCC, including the UAE. However, there is no centralized GCC Trademark Office. This means that trademark registration requires filing separate applications in each member country. The implementation of the GCC Trademark Law has resulted in an increase in official fees in Saudi Arabia, Bahrain, and Kuwait. Qatar and Oman have ratified the law but are yet to publish implementing regulations.
Using a Trademark Agent
Navigating the trademark registration process in the UAE can be complex. Requiring a thorough understanding of the local laws and procedures. Working with a trademark agent can streamline the process and ensure compliance with all requirements. A trademark agent can assist with filing the application, conducting a comprehensive trademark search, handling oppositions, and managing the renewal process.
Registering a trademark in the UAE is highly recommended to establish clear ownership. Prevent conflicts, and protect your brand from infringement. Understanding the trademark registration process and associated costs is essential for businesses operating in the UAE. By working with a trademark agent and conducting a comprehensive trademark search. You can ensure the successful registration and protection of your trademark in the UAE.
For more information, contact the trademark department of the Ministry of Economy or consult a reputable trademark agent. Protect your future by safeguarding your trademark in the UAE.