The UAE, with the largest economy in the Arab world, is one of the main trading countries for Chinese companies in the Middle East and a key destination for many overseas applicants seeking trademark protection.
Background of the UAE trademark system
28 December 2021 The United Arab Emirates joined the Madrid International System.
The new Trademark Law of the United Arab Emirates (Act No. 36 of 2021) came into effect on January 2, 2022. The new law has made many amendments, such as clearly stipulating the standards of well-known trademarks, allowing multiple applications to be submitted for a single mark, allowing registration of a series of trademarks and prior use: It is expressly stipulated that the prior user of a trademark has the right to cancel the registered trademark within five years, unless the prior user of the trademark accepts the registration, express or implied, etc.
This shows that the UAE is paying more and more attention to copyright and data protection. The law of the United Arab Emirates is also very strict in the protection of trademarks. It clearly stipulates in the Trademark Law that trademarks shall not infringe on the prior rights of others, and has very strict requirements on trademark registration:
1. Shall not infringe upon the prior rights of others;
2, shall not violate the trademark law provisions of the prohibition clause.
Registration method
There are two ways to register a UAE trademark:
① Through single country registration (directly registered in the UAE);
② Apply to designate the UAE through Madrid.
How to choose between the two registration methods?
Let's start by looking at the advantages and disadvantages of applying for a UAE trademark through the Madrid system.
Advantages: The Madrid trademark route has the advantages of saving money, simplifying procedures and not requiring notarization of a trademark proxy (POA).
Disadvantages:
1) There is no separate UAE trademark registration certificate;
2) The time cycle for direct registration of UAE trademark is about 4 months, while the time to apply for registration of UAE trademark through Madrid is about 8-10 months at the soonest, because it needs to pass the examination and transfer of "China Trademark Office International Office" and WIPO International Office first.
3) If you are not familiar with the trademark classification of the UAE Ministry of Economy, you will be required to modify the items registered with the trademark if they are not accepted, or if you want to file with Amazon, you will have to conduct the trademark power of attorney authentication again, entrust the local lawyer to reply and receive the verification code, which not only does not save money but also delays the time of trademark registration.
When Chinese sellers open shops on e-commerce platforms such as Amazon Middle East, they need to register UAE trademarks. It is suggested to use the single country registration method to register UAE trademarks, because this method has the following advantages:
1) The registration speed is shorter than the review cycle of Madrid trademark registration, usually 3-4 months to obtain the UAE trademark registration;
2) When submitting trademark applications, UAE lawyers will select the items that can be accepted by the UAE Ministry of Economy to minimize the cost and time delay of trademark examination;
3) The entrusted UAE lawyer can receive the Amazon verification code in the first time, which is convenient for the Amazon brand filing in time.
Class of trademark application
The registration classes of UAE trademarks comply with the Nice Agreement on the International Classification of Goods and Services for Trademark Registration, which mainly includes goods and services.
Among them, the commodity classification is divided into 45 categories, and the specific content of each category is subdivided into 10 subcategories, which contain a number of specific commodity names;
The service classification is divided into 10 subcategories, and the specific content of each category is subdivided into 11 specific service names.
If you do not know which category of goods you need to register, you can contact the sales sister of Amber at the end of the article for help.
Basic information required for application for registration
1. Name, address and nationality of the applicant;
2, trademark design;
3, specify the use of commodity name/service item;
4. Power of Attorney (public certification).
Time Correlation
Trademark publicity period: 90 days, the expiration of no objection can be approved for registration, the applicant must pay the registration fee within 30 days after the expiration.
Limitation of trademark registration: 4-6 months
Validity of trademark registration: valid for 10 years from the date of application.
Trademark registration renewal period: It may be renewed 6 months before or 3 months after the expiration of the term of validity.
Cancellation: Any person or the Trademark Office itself may apply for cancellation if the trademark has not been used for 5 consecutive years after registration.
How to check the UAE trademark
The UAE trademark is available online at the Ministry of Economy website (www.economy.ae) for an official fee of 350 dirhams.
Matters needing attention
1. A power of attorney can be used to apply for multiple categories;
2, trademarks can be applied for categories, do not need to choose specific goods and worry;
3. Alcohol commodities in Class 32 and 33 cannot be submitted for registration;
4. If the trademark is not used for 5 consecutive years after registration, it may be retracted by a third party;
5. The cost of trademark registration in the United Arab Emirates is relatively high. Before applying for a trademark in the United Arab Emirates, a preliminary search should be conducted on whether there are similar trademarks through trademark query, which can avoid the unnecessary costs caused by subsequent rejection of similar trademarks.
"Smell the road has successively, specialize in the industry", in order to be efficient and professional trademark, unless they are proficient in this aspect, otherwise find a reliable agency is the best choice.
Amb is a leading tax one-stop shop in the Middle East. We pay special attention to the rules and regulations of the Federal Revenue Service (FTA). We have professional and experienced tax experts in the UAE who are able to deal with the complex issues related to VAT and trademarks.