AN OVERVIEW ON REGISTERING A TRADEMARK IN THE UAE TO PROTECT YOUR BUSINESS IN 2023

This article was updated on June 13th, 2023

This article has been researched and written by Carolyn Cairns and the team at Creation Business Consultants and has not used AI in generating this article.

Registering a company trademark in the UAE will protect your company and ensure that no other business will be able copy or imitate your intellectual property. With a growing economy and an affordable cost of living, the UAE continues to attract foreign investors.

When setting up your business in the UAE, investors have many factors to consider such as selecting the right jurisdiction and structure for your UAE company. Many companies often overlook or forget about registering their trademark and protecting their intellectual property. In the words of Oscar Wilde “Imitation is the sincerest form of flattery” it is crucial to protect your company property at all costs. Fortunately, the experts at Creation Business Consultants are here to help you understand what a trademark is, why registration of a trademark is important, and how to register your trademark in the UAE.

WHAT IS A TRADEMARK?

According to the Federal Decree Law No. 36 of 2021 on Trademarks, a trademark is a brand name, symbol or logo used by a company to identify products and services that are legally registered or established under its business entity. All trademarks in the UAE are registered under the UAE Trademark Law 2021. Trademarks are legally protected in the UAE for a period of 10 years following the date of official Trademarks registration.
A registered Trademark creates several benefits for a company, especially for those businesses who are operating in a foreign land. Benefits of Trademarks registration in the UAE include:

SECURITY

When you register your trademark in the UAE, you are legally protecting your intellectual property from unauthorised use. Your trademark legally proves that you are the owner of the registered trademark and that your company controls any/all exclusive rights to the trademark. This keeps other people and businesses from using your registered trademark without proper permission. Any individual or company who uses your registered trademark without your permission is breaking the law and they could face legal penalties. Additionally, you can sue any individual who uses or copies your trademark without authorised permission.

BRAND AWARENESS

When a brand, logo, goods, or services are registered, it is a sign of originality and authenticity. Registered trademarks distinguish one idea from another. Additionally, you can use your trademark as a marketing tool to set yourself apart from your competitors and to help grow your brand awareness.

CREDIBILITY

Possessing a registered trademark communicates a company’s authenticity for being a valued supplier of specific products and services. When you register a trademark, you are planning the success of your company. Additionally, a trademark will help you build your brand awareness and reputation as a credible business.

ASSETS

A trademarked brand or logo can become an asset to your company over time. A solid reputation and following from your customers will help the value of your trademark appreciate over time. You can even authorise another person or company to use your trademark in return for a licensing fee. Additionally, a registered trademark with a great reputation can drastically increase the value of your company if you ever decide to sell.

6 STEPS TO REGISTERING YOUR TRADEMARK IN THE UAE

Registering a trademark in the UAE is a straightforward process if the trademark itself is available. However, a UAE registered Corporate Service Provider, such as the experts at Creation Business Consultants, can help to ensure your application contains all the correct information.

• Research existing trademarks – The first step to obtaining a registered trademark is to determine whether your trademark is already registered in the UAE. You can start with a simple Google search or conduct a free search online at a trademark website, such as Trademark Engine. Once you are confident your desired trademark is not already in use, you can move on to the trademark registration application process.
• Download and complete your application form – The UAE Ministry of Economy processes all trademark applications, and you can begin the application process online by visiting their e-services site. It is important you thoroughly fill out your application. Failure to do so may result in a rejection of your application. To complete the trademark application, you will need the following documentation:
  • Sample of the trademark design (such as brand name or logo).
  • Power of Attorney.
  • Trade license.
  • ID or passport of the individual who will sign the application.
  • List of goods and services to be protected under the trademark.
  • Contact details of the applicant (such as email address, physical address, and phone number).
• Fees – Once you the appropriate documentation is completed and submitted the trademark payment fee will need to be completed. Payments can also be completed online as part of the Ministry of Economy e-services process. Total payment for each trademark application varies depending on a range of factors, to include the type of trademark, registration fees, and translation fees (when applicable).
• Ministry of Economy review – The Ministry of Economy will review your application. Assuming everything in your company application is correct and there are no concerns. You can expect to receive an approval from the authorities within 30 days. If your application is rejected for any reason, you have the right to appeal or modify your application.
• Registration – Once the trademark is approved, you will receive a certificate of your trademark registration in the UAE. This certificate will include the date of your application and registration, your registration number, the business owner’s name and trade name, your trademark, and a description of the products, goods or services that are protected under your trademark. The economic rights of the author under Article 20 of the Federal Law No. 7 of 2002 on Copyrights and Related Rights shall be preserved for the term of his life plus 50 years beginning on the first day of the calendar year following his death.

TAKEAWAY

At Creation Business Consultants we have helped business owners from all over the world to successfully set up their companies in Dubai and the UAE (including the UK, USA, Europe, Asia, and Australia). Regardless of the size of your company, we provide expert corporate structuring and tax advice with solutions designed for your company.

Whether you are a multinational company or a SME, our team of experts have the skills and experience to successfully set up your company in Dubai and the UAE.

Do you need help registering your company trademark in Dubai and the UAE? Contact a member of our Corporate Structuring team today via email at [email protected] or call +971 4 878 6240 to schedule your free consultation.

Carolyn Cairns,
Commercial Director