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Procedure

SUMMARY OF THE TRADEMARK REGISTRATION PROCEDURE

  1. Parties entitled to apply for the registration of a trademark:
     
    1. A registration office licensed in the UAE
    2. A law firm licensed in the UAE
    3. A foreign company having a branch in the UAE.
       
  2. The Procedures:
    The registration shall be effected as follows:
     
    1. The application for the registration of a trademark should be submitted on the format designed by the Ministry of Economy & Commerce for this purpose.
    2. One application shall be limited to the registration of a trademark in respect of one category
       
  3. The application shall be entered in the application deposit register and two receipts shall be issued, the first a deposit receipt under a specific number and the second to confirm amount paid following payment of the stipulated fees of Dhs. 5500. In the event the application is withdrawn, only Dhs.5000 will be refunded; the balance of Dhs. 500, which represents a deposit fee, will not be refunded.
     
  4. The Ministry shall issue its decision on the application within 30 days (it usually takes longer). An appeal may be submitted within 30 days of the notification that the application has been rejected or suspended.
     
  5. The approval of the Ministry shall be obtained if the trademark is used for inspection or examination of specific products.
     
  6. Then the Ministry (Trademark Section) will conduct an initial technical examination of the trademark to be registered (study of the characteristics of the trademark itself). Subsequently, a further technical examination will be carried out to ensure that the trademark had not already been registered with the Ministry and to determine the conditions relating to the protection of the trademark upon acceptance thereof. The determination of the restrictions and amendments for the purpose of giving the trademark its own characteristics and features shall be made at the discretion of the Ministry.
     
  7. Following completion of the technical examination, the Ministry (Trademark Section) shall issue a reasoned decision accepting or rejecting the registration of the trademark.
     
  8. The decision may be appealed within 30 days of the date of notification before the Trademark Committee. If the applicant does not respond to instructions issued to him or if he does not appeal within the above period, he shall be considered as having waived his right of appeal.
     
  9. Publication: In the event a reasoned acceptance decision is issued and no appeal is filed, there shall be attached to the acceptance decision a notice for publication on the format designed for this purpose within 100 days from the date of notification of the acceptance reasoned decision. Publication fees shall be Dhs.500 and the Notice shall be published in the Official Gazette and in two local newspapers.
     
  10. Objection:
     

    The objection shall be submitted directly to the Ministry within 30 days from publication of the Notice in the newspaper.

    The applicant shall be notified of the objection within 15 days of receipt of the same.

    The applicant shall reply to the objection within 30 days from notification.

    Right to appeal to the Ministry within 15 days. Appeal before the court within 30 days from notification.

     

  11. Issuance of Certificate:

    The applicant may obtain a certificate confirming the registration of the trademark after the end of the period fixed for submission of objections. The applicant shall submit a copy of the trademark publication in the Official Gazette and the original Notice published in the newspaper.
     
  12. The effect of registration shall be influenced by the date of submission of the application.
     
  13. The protection period resulting from the registration of a trademark shall be ten years. The application for renewal shall be submitted during the last year and the renewal shall be published in the Official Gazette and in two daily newspapers. If the proprietor of the trademark fails to apply for renewal within three months after the expiry date of the protection period, the Ministry shall be entitled to delete the trademark from the register automatically.
     
  14. If the trademark registration is deleted, it may not be re-registered in favour of a third party in respect of the same products except after the lapse of three years from the date of deletion.
     
  15. Upon completion of the registration, the proprietor of the trademark shall be given a certificate comprising of the following details:
     
    1. Date of submission of application and date of registration.

    2. Registration number of the trademark.

    3. The trade name or the name of the proprietor of the trademark, his nationality and place of residence.

    4. A true copy of the trademark.

    5. A description of the products, goods or services allocated to the trademark and the category of the trademark.