Trademark registration is one of the integral processes that you need to carry out once you have started your business. However, this step comes after the initial procedures of your business setup such as deciding the name, registration of the company and its logo. When this is all set, proceed to the registration of your business trademark. Let us first build your understanding of the term and its importance from legal perspective then we will elaborate its registration procedure.
What Is a Trademark?
In order to understand better, it is important to have an idea about “intellectual property”. Intellectual property is the result of human mind’s creativity. It can be an invention, literary or artistic work, program, name, design, symbol, images and much more. Intellectual property is protected by the law e.g. patents and copyrights so that people can gain recognition as well as financial benefits as a result of their creation.
Trademark is a form of intellectual property. In Dubai, trademarks are protected by UAE trade mark law which was formed on 1996 and amended on 2002. According to it, a trade mark is anything that has a distinct form such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs or any other mark or group of marks that distinguishes a company’s products, goods and services from that of others. A trade mark also provides its owner the exclusive rights of having unique identification of its products and services with the consumers.
Registration Process of Trademark in Dubai
The first step requires you to put forward an application form to the Ministry of Economy and Commerce. All the details in application form should be in Arabic.
The ministry goes through the application form and approves it. In case, the Ministry finds some missing or inappropriate information, the application will be refused and a report will be prepared by the Ministry citing the reason. If such case arises, applicant will be notified in writing of the reasons of the decision. In all events, the decision on the registration application will be made by the Ministry within 30 days from the date of its submission whether it meets the conditions and circumstances provided by the Law.
It is up to applicant whether he chooses to accept the report or reject it. If the applicant doesn’t accept the report, he has the right to file a plea against it with the trademark’s committee of the ministry within 30 days. If again, the Committee sustains the Ministry’s decision of rejection of application or to meet certain conditions before acceptance, the applicant can challenge the Committee’s decision before the competent civil court within 60 days after being notified.
Upon approval of application by the Ministry (if all the issues are resolved), Registrar will publish the approved trademark application in Trademark Journal as well as in Dubai’s two leading Arabic newspapers at the cost of registration applicant. This is a 30 day period in which a legal identity can respond if it has any objection related to the trademark. In case the Ministry receives a request of objection, it will notify the registration applicant with a copy of the objection to his request within 15 days from receipt of such request. Furthermore, applicant is given 30 days to take appropriate action for the objection.
Upon applicant’s response, it is up to Ministry to approve or reject the trademark. In case of rejection, applicant has the right to go for an appeal to the Committee in the Trademark Office and Committee’s decision may be appealed to the competent court. In case of approval, the applicant is required to notify the federal and local bodies as well as the Chambers of Commerce & Industry, and provide these concerned authorities with further details. Once published trademark is registered and certificate of registration is issued, applicant is the sole owner of the trademark.
- A notarized and legally attested Power of Attorney submitted to the UAE Consulate. Late submission of POA can be made as late as within the 60 days from the filing date.
- Twenty prints of the trademark. (Size: 6 cm x 6 cm)
- A copy of certified home/foreign application registration, in case priority is claimed.
Trademark registration usually takes 4-5 months’ time in Dubai.
The period of protection resulting from the registration of a trade mark is 10 years. Trademark can also be renewed later for further 10 years.
Application for the renewal should be submitted in the last year of the protection period. In case of late renewal application, a grace period of three months has been provided upon payment of lateness fine. Renewal is to be published in Trademark Journal and two local Arabic newspapers.
If you are looking for trademark registration of your business in Dubai, do not hesitate to contact us at KWSME. Our professional team works closely with our every client in order to ensure that the process is smooth. We provide all the assistance that is required at each and every step so that you do not face any complication or delays for effective running of your business in Dubai.
For further information contact one of our experts and Get Free Consultation