A trademark is a distinctive sign that identifies goods and services and protects brand identity. The Abu Dhabi Intellectual Property Unit defines a trademark as: “A trademark is a sign capable of distinguishing the goods or services of a company from those of other companies. Trademarks are registered with the relevant IP office, and once approved, they are yours to use and defend against copycats, for example.

The Federal Decree-Law No. (36) of 2021 Concerning Trademarks is the main law that governs trademarks in the UAE. Trademarks have to be used commercially and publicly to retain their validity. In UAE, this protection forms a critical part of the intellectual property strategy for local and international businesses.

SCOPE OF TRADEMARK REGISTRATION IN UAE

Eligibility to Register a Trademark in the UAE – Any natural or legal person can register a trademark. Trademark protection is given for 10 years initially and can be renewed indefinitely in 10-year increments.

Registerable Trademarks – Article 2 of the Federal Decree-Law No. (36) of 2021 mentions what constitutes a trademark. It provides that any sign capable of distinguishing the goods or services of one entity from those of another may constitute a trademark. This includes names, words, signatures, letters, symbols, numbers, drawings, images, inscriptions, packaging, figurative elements, shapes, colours or combinations of colours, and even three-dimensional and hologram marks. The provision makes it clear that the definition is broad and inclusive, covering both traditional and non-traditional marks. Notably, Article 2 also recognises sound and smell as potentially registrable trademarks, provided they serve a distinctive function in identifying goods or services.

Marks That Cannot Be Registered – Article 3 of the said law, on the other hand, mentions the marks that cannot be registered. These marks include marks that lack distinctiveness or consist merely of common names, familiar drawings, or ordinary representations of goods and services. Additionally, marks that violate public morals or public order are prohibited. It also excludes marks that misuse public symbols, such as the flag, banknotes, etc. Religious symbols cannot be registered. Geographical names are also excluded where their use may cause confusion regarding the origin of goods or services.

The law protects personal and third-party rights by prohibiting marks containing another person’s name, image, nickname, or unverified titles without consent. Marks that mislead the public about the origin, nature, or features of goods or services, or conflict with existing trademarks, are also rejected. Well-known trademarks receive special protection against copying, imitation, or translation that could cause confusion or harm. Misleading terms like “franchise,” “registered,” or “copyright” are prohibited, and purely functional or product-shaped 3D marks cannot be registered unless they have distinctive elements.

TRADEMARK REGISTRATION PROCESS IN THE UAE

The UAE trademark registration process is explained in detail in the Ministry of Economy & Tourism. It is designed to ensure compliance with legal requirements and protection of the Intellectual Property Rights.

  1. Prepare and Submit Application: Trademark is registered with the Ministry of Economy & Tourism. The core documents needed are JPEG format, a trade license (for companies or institutions), and a notarized power of attorney if the application is submitted through a registered trademark agent. Depending on the type of trademark, additional documents may be required, such as Articles of Association for certification or collective marks, product specifications for geographical indications, or exhibition details for temporary protection. All documents must be notarized, legalized, and translated into Arabic if applicable.
  2. Pay Examination Fee: The standard examination fee is AED 750. Applicants seeking expedited processing (one business day) can pay AED 2,250.
  3. Examination and Decision Notification: The relevant department reviews the application and notifies its decision within 20 days from submission of the article. If the application is rejected then the applicant has the right to appeal within 30 days of the notification to the appeals committee.
  4. Publication in Official Trademark Bulletin: If the trademark is approved then the applicant must pay AED 750 for publication. The trademark is then published in the official UAE trademark bulletin, issued twice monthly. A 30-day objection period begins from the date of publication, allowing third parties to raise objections.
  5. Final Registration and Certificate Issuance: Once the objection period ends the applicant has to pay the final registration fee of ED 5,000 for a standard trademark (AED 7,500 for a quality mark). Upon receipt, the trademark registration certificate is issued within 30 days, completing the registration process.
  6. Penalties for Late Payment: If the applicant fails to pay the publication fee within 30 days of approval incurs a penalty of AED 100 per month, up to AED 1,000 per year. Whereas if the applicant fails to pay final registration fee within 30 days of the objection period’s end incurs a penalty of AED 1,000 per month, up to AED 10,000 per year.

UAE’S INNOVATIVE TM MARKET PLACE FOR TRADEMARK TRADING

The Ministry of Economy and Tourism, UAE launched TM Market Place, the UAE’s first digital platform for buying and trading trademarks. This platform aims to enhance the competitiveness of the UAE IP and trademark sector, making trademarks active economic assets. It allows the owners of UAE-registered trademarks to list and trade their marks. This greatly supports investment in branding and also strengthens SMEs and family businesses by converting trademarks into financial assets. This initiative complements other UAE trademark innovations, including the Law on Trademarks, executive regulations, registration of geographical indications (GI), and UAE membership in the Madrid Protocol.

CONCLUSION

With the robust legal framework, clear registration process, and innovative initiatives like TM Market Place, the UAE is well-positioned to strengthen trademark protection and maximize the economic value of intellectual property. Moving forward, businesses and entrepreneurs should actively leverage these tools to safeguard their brands, unlock the commercial potential of trademarks, and contribute to a knowledge-based, innovation-driven economy.

Our team at Ayesha Al Dhaheri Advocates and Legal Consultants, provides professional legal advice on trade mark registration and related matters and the issues arising out of such registrations. Our firm is ready to provide clear guidance and professional legal support in each step of the process.