Trademarks Law in United Arab Emirates
Here’s an overview of Trademark Law in the United Arab Emirates (UAE):
🇦🇪 Trademark Law in the United Arab Emirates
Trademark protection in the UAE is governed by:
Federal Law No. 37 of 1992 on Trademarks (latest major trademark law, with amendments)
Administered by the Ministry of Economy – Trademarks Department.
The UAE is a member of the Paris Convention, Madrid Protocol, and TRIPS Agreement.
Key Features:
1. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one trader from those of others.
Can include words, logos, slogans, colors, sounds, or any combination.
2. Registration Process
Applications are filed with the Ministry of Economy.
Must specify the classes of goods/services according to the Nice Classification.
The application undergoes formal and substantive examination.
If accepted, the trademark is published for opposition for 30 days.
If no opposition or opposition is rejected, the trademark is registered.
3. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It can be renewed indefinitely for further 10-year periods.
Renewal applications must be filed within 6 months before expiration or within a 6-month grace period with a fine.
4. Rights Conferred
Exclusive right to use the trademark on registered goods/services within the UAE.
Right to prevent unauthorized use or infringement.
Right to license, assign, or pledge the trademark.
5. Grounds for Refusal
Marks that are generic, descriptive, or lacking distinctiveness.
Marks that are misleading, offensive, or contrary to public order.
Similarity or identity with earlier trademarks.
Marks that contain official logos or names without authorization.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use causing confusion or dilution.
Remedies include injunctions, damages, seizure, and destruction of counterfeit goods.
Criminal penalties apply for counterfeiting.
Customs authorities cooperate to prevent import/export of counterfeit goods.
7. International Treaties
The UAE is a party to:
Paris Convention
Madrid Protocol (joined in 2000)
TRIPS Agreement
Facilitates international trademark registration designating the UAE.
Additional Notes:
The UAE trademark system is a first-to-file system.
Use of the trademark is required to maintain registration; non-use can lead to cancellation.
Online trademark filing and management are available through the Ministry of Economy’s portal.
Local legal representation is advisable for foreign applicants.
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