01: What documents are required for filing a trademark application?
A duly legalized power of attorney and a certified copy of the priority document (if priority is claimed) are imperative requisites. Alternatively, submission of these supporting documents within 30 days from the filing date is permissible, albeit incurring supplementary charges.
02: Is legalization of the power of attorney required?
Yes, the power of attorney is required to be legalized by the UAE Consulate. Further, local attestation of the document by the UAE Ministry of Foreign Affairs is also required. Legalizing the document by any other Arab Country will involve extra time and cost for super-legalization and courier charges.
03: Can I claim a convention priority in my application?
Yes, under the Paris Convention priority can be claimed within 6 months from the priority date.
04: What documents are required for claiming a priority?
A certified copy of the priority application is required. No legalization of the priority document is required. It can be submitted either when filing the application or within 60 days. Late submission charges will apply.
05: What is the trademark registration process in the UAE?
Upon submission of the trademark application, an application number will be allocated, initiating the examination process, typically spanning a duration of 3 to 4 months. Upon acceptance, the application must be published in the trademark journal. Subsequently, a 30-day opposition period commences from the publication date. Upon its expiration, final registration fees are due within 30 days. Upon completion of registration procedures, the issuance of the registration certificate follows. The entirety of this process typically extends over a period of 7-9 months, accounting for current backlog at the Trademark Office, with the potential for future reduction to 6 months.
06: What coverage does a trademark registration have in the UAE?
Protection of a UAE trademark registration covers seven emirates (Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwein, Ras Al Khaimah and Fujairah.
07: For how long a trademark registration is valid in the UAE?
A trademark registration is valid for 10 years from the filing date; renewable for similar periods.
08: When can we use "TM" & "®" with the trademark? Can it be registered with trademark?
"TM" can be used when the mark is under registration process whereas ® can be used for registered marks and the final registration certificate is issued. No, the marking should not be included in the application.
09: What classification is adopted in UAE?
The latest edition of the nice classification is adopted by the UAE Trademark Office for filing trademarks, except for class 33 which is not applicable for registration and prohibited by other UAE Laws and Ministerial resolution.
10: Can I file a multi-class application in the UAE?
Although the law in the UAE permits multi-class filing for trademark applications, it's important to note that in practice, the UAE Trademark Office may not yet fully implement this provision. As such, applicants still need to file separate application for each class of goods or services.
11: Is multi-applicant applicable?
Yes, joined applicants can file one application provided that power(s) of attorney from all applicants is submitted.
12: How can I have the broadest protection in a class of goods/services?
While class headings typically encompass all goods within a particular class of goods or services, it is advisable, especially for legal clarity and in the event of potential legal disputes, to specify the particular goods and services of interest to the applicant, in addition to the class heading. This approach ensures the most comprehensive and robust protection for the trademark.
13: Is there any limited number of goods/services to be covered by a trademark application?
The applicant has the flexibility to claim as many specific goods and services as desired within each class
14: Are there restrictions that disallow the registration of some goods/services?
Yes, in accordance with Islamic regulations, certain goods and services such as alcoholic beverages, pork meat, nightclub services, bar services, and similar items are not acceptable for registration in the UAE.
15: Can Retail & Wholesale services be registered in UAE?
Not in specific, alternative wordings for Class 35 can be utilized to cover such services such as: "the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods namely,........."
16: Can I register a series of marks in the UAE?
Yes, filing a series of marks application is possible without further charges.
17: Can a pending application be assigned?
Pending applications cannot be amended or assigned until the registration procedures are completed and the trademark is fully registered.
18: Is it possible to amend a trademark in a pending application or a registration?
It is not possible to amend the mark as long as the application is pending; for registered trademarks Modifying the shape of the mark is permissible as long as the modification does not affect the essence or core of the mark.