A trademark is a distinctive sign used to identify goods or services of one business from those of another. This can include names, logos, words, symbols, and even sounds or colors. The legal framework for trademark protection in the UAE is governed by Federal Decree-Law No. 36 of 2021 on Trademarks. The law aims to protect both businesses and consumers by ensuring that brands can be uniquely identified.
The Ministry of Economy is the competent authority for trademark registration in the UAE. Registering your trademark provides legal protection and exclusive rights to its use.
Key Aspects of UAE Trademark Law
- Clarity and Definition: The law provides a clear definition of what can be registered as a trademark, including traditional elements like names and logos, as well as unconventional marks such as three-dimensional features and even sounds.
- Registrable and Non-Registrable Signs: The law specifies which signs can and cannot be registered as trademarks. For instance, marks that lack a distinctive character, are offensive to public morals, or are identical to a previously registered trademark are not registrable.
- Registration Process: The process involves submitting an application to the Ministry of Economy. The application is then examined to ensure it meets all legal requirements and is not similar to existing marks. After a successful examination, the mark is published in the official bulletin, followed by a 30-day opposition period.
- Cancellation Procedures: The law outlines the procedures for canceling a trademark registration. A trademark can be cancelled if it has not been used for five consecutive years without a valid reason, or if it was registered in contravention of the law.
- Transfer of Ownership: Trademark rights are a valuable asset and can be transferred from one owner to another. The law provides clear procedures for this transfer of ownership.
- Licensing: Trademark owners can license their marks to other parties to use under a written agreement, subject to registration in the trademarks register.
- Infringement Penalties: The law imposes strict penalties for trademark infringement, including fines of up to AED 1 million and potential imprisonment. These penalties are designed to deter commercial fraud and protect brand integrity.