Intellectual property rights are essential elements that contribute to enhancing innovation and creativity in any society. In the UAE, an integrated legal framework has been developed to protect these rights, reflecting the UAE’s commitment to enhancing the business environment and supporting the knowledge economy. In this article, we will review different aspects of the UAE’s intellectual property protection law, with a focus on trademark protection.

Trademark Protection

Definition of a Trademark

A trademark is anything that takes a distinctive form of names, words, signatures, letters, symbols, numbers, titles, seals, drawings, pictures, engravings, packaging, pictorial elements, shapes, color, color groups, or a combination thereof, or a sign or group of signs, including three-dimensional signs and hologram signs, or any other sign used or intended to be used to distinguish the goods or services of an establishment from the goods or services of other establishments, or to indicate the performance of a service, or to conduct monitoring or inspection of goods or services. A trademark may be considered a mark of sound or smell.

Accordingly, the UAE Trademark Law stipulates specific cases to which the provisions of this law do not apply and are not considered trademarks, namely:

  • A mark that lacks any distinctive feature, or consists of data that is nothing but the name given by custom to goods and services, or familiar drawings or ordinary images of goods and services.
  • Expressions, drawings or marks that violate public morals or public order.
  • Public slogans, flags, military and honorary badges, national and foreign medals, coins and paper currencies and other symbols of the state or other states, or of Arab or international organizations or one of their institutions, or any imitation of any of them.
  • Red Crescent or Red Cross symbols and other similar symbols, and marks that are an imitation of them.
  • Marks that are identical or similar to symbols of a religious nature.
  • Geographical names and data if their use causes confusion about the source or origin of the goods or services.
  • The name, title, image, logo or fame of another unless he or his heirs agree in advance to its use.
  • Data on honorary degrees or academic degrees that the applicant for registration does not prove legally entitled to.
  • Marks that may mislead the public, or include false data about the origin or source of goods or services or their other characteristics, and marks that contain a trade name owned by others.
  • Marks owned by natural or legal persons with whom dealing is prohibited according to the legislation in force in the UAE.
  • A trademark that is identical or similar to a mark previously filed or registered by others for the same goods or services or for related goods or services if the use of the mark to be registered creates an impression of a connection between it and the goods or services of the owner of the registered trademark or leads to harm to his interests.
  • Marks whose registration for some goods or services results in reducing the value of the goods or services distinguished by a previous mark.
  • Marks that are copies, imitations, translations, Arabizations or any phonetic translation of a famous trademark or part thereof owned by others, for use in distinguishing goods or services similar or identical to those for which the famous trademark is used.
  • Marks that are copies, imitations, translations, Arabizations or any phonetic translation of a famous trademark owned by others, or an essential part thereof, for use in distinguishing goods or services that are not identical or identical to those distinguished by the famous trademark, if such use indicates a connection between those goods or services and the famous trademark and if such mark is registered, such registration would likely harm the interests of the owner of the famous trademark.
  • Marks that include the following words or expressions: privileged or privileged, registered, registered design, copyright, or other similar words and expressions.
  • Any three-dimensional mark consisting of a shape resulting from the nature of the goods specified in the registration application or necessary to achieve a technical result; without any distinctive elements that distinguish it from others.

Cases in which a trademark may not be registered

  1. A well-known trademark whose fame has exceeded the borders of the UAE in which it was registered to other countries for identical or similar goods or services may not be registered unless a request is submitted by the owner of the well-known trademark or with his approval.
  2. To determine whether a trademark is well-known, the extent of its knowledge among the relevant public as a result of its promotion, the duration of its registration or use, the number of countries in which it was registered or became well-known, its value, or the extent of its impact on promoting the goods or services that use the well-known trademark to distinguish them.
  3. Well-known trademarks may not be registered to distinguish goods or services that are not identical or similar to those distinguished by these marks in the following two cases:
  4. If the use of the mark indicates a connection between the goods or services to be distinguished and the goods or services of the owner of the well-known trademark.
  5. If the use of the mark would harm the interests of the owner of the well-known trademark.

Trademark registration procedures

The process of registering a trademark in the UAE requires following several steps:

  1. Search for the mark: The person wishing to register a new trademark must conduct a comprehensive search to ensure that there are no similar registered marks.
  2. Submit the application: The registration application is submitted to the Ministry of Economy, and the application includes details of the mark and the products or services associated with it.
  3. Examination: The Ministry examines the application to verify its compliance with the applicable laws and regulations.
  4. Publication: After approval of the application, it is published in the Official Gazette to allow any interested party the opportunity to object.
  5. Registration: If there are no objections, the trademark registration certificate is issued.

Trademarks Register

The Ministry shall maintain a register called the “Trademarks Register” in which all trademarks, the names of their owners, their addresses, the type of their activity, and the descriptions of their goods or services covered by these trademarks are recorded, as well as any transfer, assignment, transfer of ownership, mortgage, license to use, or any other amendments.

Any person may request a copy of the data recorded in the register after paying the prescribed fees.

Trademark Registration for More Than One Class: Goods or services shall not be considered similar to each other merely because they are included in the same class, nor shall goods or services be considered different from each other merely because they are included in different classes of the same classification specified by the Ministry.

Trademark Registration Certificate

  1. If the trademark is registered, the effect of registration shall extend to the date of filing the application, and the owner of the trademark shall be granted a certificate containing the following data:
  2. Trademark registration number.
  3. Priority number and date, and the country in which the application was filed, if any.
  4. Date of filing the application, date of registration of the trademark, and date of expiry of the protection period.
  5. Name, surname, place of residence, and nationality of the owner of the trademark.
  6. A copy of the trademark.
  7. A statement of the goods or services for which the trademark is designated, and a statement of their category.
  8. The owner of the registered trademark is entitled to prevent third parties who have not obtained his consent from using it or using any sign identical or similar to it, including any geographical indication, in the field of commerce to distinguish goods or services related to those for which the trademark was registered, whenever such use is likely to cause confusion among the public in the event of using the same trademark or a sign similar to it to distinguish goods or services similar to those for which the trademark was registered.

New Trademark Law

In recent years, the UAE Trademark Law has been updated to keep pace with global developments. The new law includes:

  • Definition of Well-Known Trademarks: New definitions have been introduced for well-known trademarks that receive special protection.
  • Protection against counterfeiting: Penalties against counterfeiting trademarks have been strengthened, providing better protection for owners.

Other Intellectual Property Rights

In addition to trademarks, other intellectual property rights include:

Copyright protects literary and artistic works such as books, music and films. Protecting these rights requires registering the work with the relevant authorities, but protection is granted automatically upon creation of the work.

Patents protect new inventions and give the inventor the exclusive right to exploit their invention for up to 20 years. Obtaining a patent requires submitting a detailed application detailing the invention and its benefits.

Challenges and Opportunities

Challenges

  • Counterfeiting and piracy: Counterfeiting products and content piracy remain a major challenge for owners.
  • Legal awareness: Many businessmen need more awareness about the importance of protecting intellectual property and how to do so.

Opportunities

  • Enhancing innovation: Improving the intellectual property protection system can encourage more innovations and investments in research and development.
  • International cooperation: The UAE can strengthen its partnerships with other countries to improve intellectual property protection globally.

The role of government authorities

The Ministry of Economy and customs authorities play a vital role in protecting intellectual property:

  • Registration and monitoring: The Ministry of Economy is responsible for registering and protecting rights.
  • Cooperation with companies: Government agencies work to provide support and advice to companies on how to protect their rights.

Future trends

With the rapid change in technology and markets, intellectual property protection laws in the UAE are expected to evolve continuously. These developments may include:

  • Improving legislation: Updating laws to include digital innovations such as software and applications.
  • Raising public awareness: Organizing awareness campaigns to educate the public about the importance of intellectual property protection.

The UAE Intellectual Property Protection Law represents an important step towards enhancing the business environment and supporting innovation and creativity. By understanding the laws and procedures related to the protection of rights, individuals and companies can maximize their creative potential and secure their legal rights. Raising awareness about the importance of these rights will undoubtedly contribute to building a sustainable and prosperous economy in the future.

Finally: In conclusion of this article, we would like to emphasize that our office is one of the largest law offices in the United Arab Emirates, as we provide a comprehensive range of specialized services in the field of intellectual property protection. We are committed to providing distinguished legal advice and continuous support to our clients, helping them protect their rights and enhance their innovations.

Thanks to our qualified team of expert lawyers, we ensure that our clients are fully aware of everything related to the applicable laws and regulations. We are here to support you in all stages of intellectual property rights protection, starting from registering trademarks and patents, to providing advice on copyright and ensuring that your business is protected from imitation and piracy.

Our commitment to fostering a safe and prosperous legal environment makes us the ideal choice for anyone seeking to protect their creativity and innovation in the UAE market. Do not hesitate to contact us for specialized legal advice that meets your needs.