Finding ways to increasingly diversify away from an oil-based economy to a knowledge- based innovation platform for the UAE is not a new thing. The country is growing as a centre for awareness and protection of intellectual property rights. It is also pertinent for UAE to consider IP rights as of paramount importance as the country is also the host for the next World Expo event.
The country will be focussing more on innovation; protection of intellectual property. This will be a key consideration for number of entities participating in the event. This will be most likely followed by numerous companies who are looking to conduct business in the UAE and are likely to face a number of hurdles including enforcement of rights without registered protection of IP rights.
By investing in such protection, a company will obtain exclusivity over the rights, which means being able to protect others from using the same right.
Basic Procedure for Trademark Protection
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Check whether the desired trademark is entitled to protection in UAE
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Merely deceptive terms for the goods and services may not be registered as trademark
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A trademark search should be conducted
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Post trademark search, the relevant trademark can be applied for registration
Relevant law and requirements
The applicable law is Federal Law No. 8 of 2002, amending the old law, Federal Law no. 37 of 1992. On trademark defines the legal framework for the protection of registered trademarks in the UAE. In accordance with the law, trademarks shall be considered anything having a distinctive form such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs or any kind of mark or group of marks if used or aimed to be used either to distinguish goods, products or services whatever their source is or to indicate that the respective goods/products belong to the owner of such trademark due to its manufacture, selection or trading or to indicate the services rendered by such owner.
Trademark protection is covered under the total number of 45 classes, among which 1-34 are for goods, 35-45 are for services. Only legal entities such as company or organisation can be the rightful holder of a registered trademark.
The UAE Ministry of Economy and Commerce is the responsible authority for trademark registration in UAE.
Consequences of TM Violation in UAE
The most important foundation to understand the relevance of Trademark protection in UAE is to understand that infringement of trademarks is forbidden as per Shariah Law. Infringement of Trademark in UAE is the unauthorized use of a trademark in the AUE territory in a manner which is likely to cause confusion, deception, or mistake with regards to the original source of the goods or services.
The rightful holder of a trademark, in case of trademark infringement has the right to file a civil action in Ministry of Economy.
Why Freemont Oneworld Group for your Trademark ?
Freemont Oneworld Group merger between Freemont Group, founded in 2001 and operating in Dubai since 2006, and Oneworld Mideast, a subsidiary of the prestigious corporate service provider Oneworld, active in Cyprus for over 30 years. We are an established Company with a vastly experienced team of members who are passionate professionals ready to help your business grow in UAE. The team, apart from standard services offered by any corporate service provider, can advise you on the right structure for your business and connect you with financial institutions to set up your banking operations with ease.