Trademark Registration Guide for GCC – STA Law Firm – Trademark Registration in Dubai – Trademark Registration in UAE
|Country and Applicable Legislation||Length of Trademark (in years)||Trademark Definition||Eligible Applicants||Documentation Requirement||Language Requirement and Procedures||Treaty/ Classification||Treaty/Classification Benefits|
|United Arab Emirates (the UAE ) .
The UAE Trademark Law Number 37 of 1992 was amended by Law number 19 of 2000 followed by Law Number 8 of 2002
|10||An applicant can file or register a trademark under Federal law no. No. 37 of 1992 on Trademarks amended by Law No. 19 of 2000 and Law No. 8 of 2002 which sets out the definition of trademark and covers names, words, signatures, letters, figures, drawings, symbols, titles, tax stamps, seals, pictures, inscriptions, advertisements or packs or any other mark or combination thereof.
Sound is considered a part of the trademark if it accompanies thereto
|1. Natives of natural or legal entity, practicing any of the commercial , industrial , professional, or service business ; 2. foreigners of natural or legal entity, practicing any of the commercial, industrial, professional, or service business in the State. 3. foreigners of natural or legal entity practicing any of the commercial, industrial, vocational or service business in any state having reciprocity of treatment with the State; 4. public legal persons ; and 5. owners of well-known marks.||Priority Document; 2. Trademark Logo or specimen documents (5 x 6 cm or 6 x 7 cm in print form) and (4 x 4 cm or 315 px by 315 px); 3. Trade license Copy for national companies only with a signature delegation from applicant if the application is filed through third party ; 4. Power of Attorney maybe given to lawyers, or IP Agents ; 5. Passport Copy with personal details of applicant; and 6. Additional Attachments, if any. Note: International applicants who doe not have UAE consulate in their home country can legalise the power of attorney before any other GCC (or; Arab) country. Accordingly, the legalisation of power of attorney should first happen before the Ministry of Foreign Affairs (or; related Ministry) in the GCC or Arab country followed by legalisation before the consulate of GCC/Arab country in UAE followed by Ministry of Foreign Affairs in UAE||Application must be submitted in Arabic. The Ministry of Economy is responsible for registration (including preliminary search) in the UAE . 2. Once the application is filed, it is queued to be examined for review by Registrar. Applications accepted by Registrar are published in the Trademark Journal and two local Arabic Newspapers. There is 30 days period for filling an opposition by any interested party. The decision of the Registrar on claim for opposition of marks may be appealed to the Committee in the Trademark Office, and the Committee’s decision may be appealed to the competent court.. Please visit http://bit.ly/uae-ip for more||Paris Convention for the Protection of Industrial Property ; 2. Nice Classification; 3. Convention Establishing the World Intellectual Property Organisation (the WIPO ) ; 4. The economic agreement between gulf Cooperation Council States (the GCC ) and the Unified Economic Agreement Between GCC States (Article 20, Chapter VI); and 5. World Trade Organisation (the WTO ) – Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) (1994) (April 10, 1996) Note: UAE is not a member of the Madrid Convention or the Madrid Protocol. Note: UAE is not a member of the Nice Agreement 1957 but has adopted Nice Classification (10th Edition).||The UAE recognises and protects trademarks registered internationally even if such trademarks have not been registered within the UAE. (refer, Article 4 (1) of the UAE Trademark Law) and Article 6 bis of the Paris Convention. Recognition, reputation and popularity of mark shall however be considered by the Registrar in such matters . 2. Whilst GCC Treaty is not a party to any international treaty, it does encourage growth and development of intellectual property across GCC member states.|