UAE - Dubai - Oud Metha Offices, Opposite Raffles Hotel, Wafi Mall Building, Office NO. 110, R338

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Trademarks

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Trademarks

Ali Al Hammadi Lawyers Office has very extensive experience in the field of trademark registration in the United Arab Emirates. During this period, the office was able to register and protect many trademarks, whether known or unknown, within the Emirates and in the Gulf Cooperation Council countries, and even at an international level.

  A trademark is a distinctive sign used to indicate that the products or services provided come from the same source. A trademark can be a word, name, phrase, logo, symbol, design, image, color, or scent.

 The conversation about branding revolves around three main parties:

  • Trademark owner: The person or office that owns the idea and in whose name the trademark is officially registered.

• Agent: The person who has the right to dispose of the trademark within the country, and is appointed with the permission of the trademark owner.

  • Legal client: The licensed lawyer or legal advisor who handles legal claims related to the trademark.

  Our team is committed to providing its services in the areas of registration, legal protection, combating theft, infringement, and protecting the mark from abuse. To contact one of our consultants, our employees are ready to spend the necessary time to serve you and answer all your inquiries related to the brand.

 How to register a trademark in the UAE

There are marks that may be registered commercially and others that may not be registered. In order for a trademark to be accepted for registration, it must be distinct from other marks and may be written or drawn. It is not permissible to register marks that are devoid of any distinctive character or characteristic, marks that violate public morals, that violate public order, or that are a translation of a well-known mark or another registered mark, which may cause confusion among the public, and the list goes on.

The trademark is registered by sending the registration form to the Ministry of Economy, which will respond to the application within thirty days of submitting it. This process requires documents: an image of the trademark, a copy of the commercial license, a legal power of attorney, a priority document, a copy of the passport, and other attachments.

Note: A detailed list of the required documents and trademark registration fees can be obtained from the Ministry of Economy website.

  Restricting a trademark requires a set of documents and fees. This is the list of documents and administrative fees required for customs protection purposes in Dubai:

Request to restrict a trademark for customs protection purposes.
Providing proof of the identity of the trademark owner or his representative.
Attach exact copies of the valid trademark registration certificate issued by the Ministry of Economy.
A copy of the legal power of attorney duly certified, translated and notarized.
Providing a visual disc containing the latest details and features of the trademark that allows customs to differentiate between the original and the imitation, and it is issued by the product.
All documents are attached to a paper file. Registration requests are also submitted through the smart government service request tracking system.

Trademark protection in the event of infringement or theft:

Trademark protection efforts in the United Arab Emirates aim to protect its owner from counterfeiting and imitation, in addition to monitoring and suppressing all forms of commercial fraud, with the aim of protecting consumer rights. In the event of trademark infringement occurring, immediate steps should be taken to file a complaint, whether by the trademark owner or the person legally acting on his behalf.

To file a complaint, a document written in Arabic or duly translated must be submitted during working hours, and it must be accompanied by copies of the trademark registration certificates subject to infringement, ensuring the validity of these certificates. A copy of the legal power of attorney must be attached, attested, translated and notarized in accordance with the applicable regulations.

The complainant undertakes to cover the costs of stop, search, storage, or any delay that may result from an incorrect complaint. It is worth noting that the expiration of the trademark registration period in customs depends on the expiration of its validity period in the records of the Ministry of Economy in the Emirates.

additional information

Ownership of a trademark can be transferred, either individually, mortgaged or lien, whether or not this is associated with the business in which the mark is used to distinguish its products.

In addition, a license can be granted to use a mark for a third party, provided that there is a written and documented agreement between the mark owner and the person to whom the license is granted, with the mark owner continuing to use it as long as a contrary agreement is not reached.

The licensing contract may include some restrictions related to the use of the mark in the UAE, such as:

Geographic scope of use.
License validity period.
Quality control of products bearing the mark.
Commitment not to cause any harm to the value of products or services related to the trademark.
Penalties are imposed on violators of trademark law, including fines and prison sentences. The registered trademark owner has the right to file a legal lawsuit against anyone who infringes his trademark in illegal ways. Infringers of unregistered trademarks can also be sued, but the success of the prosecution depends on the geographic area in which the mark was used.

Our services accompanying trademark registration

Initial search services for the mark to be registered.
Submitting and following up on a trademark registration application.
Trademark registration renewal.
Making amendments to the trademark registry.
Evaluating and valuing the brand.
Prosecuting and prosecuting infringers and imitators of our client’s trademark.
Warning of infringers or imitators of our client’s trademark.
Representing our clients in trademark lawsuits before the courts.
Proof of ownership of the disputed trademark.

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