The registration of a trademark as an intangible asset of the company is often an important stage in the organization of business. Registration of trademarks in the UAE is based on the Law on Trademarks and complies with the Executive Regulations.
When you receive a UAE resident visa, you can later obtain a certificate as the UAE tax resident.
To register a trademark in the UAE, private individuals need its image (printed and electronically), certified translation into Arabic, copies of the passport and papers confirming the right to conduct business in the country. Companies must also provide constituent documents. In addition, you need a power of attorney, and legalized in the consulate. This process can take from 14 to 60 days. But this stage can be skipped if you already have a power of attorney, which was legalized in the consulate of another Arab country.
The registration of the trademark itself begins with the verification of the national patent base for possible coincidences. Then the Ministry of Economics starts to examine your application. After the completion of the examination, an announcement of registration of the trade mark is published. After that, you have to wait 30 days: during this time, third parties can formally declare their objections, for one reason or another. If such objections arrive, another month will be allocated to resolve the contradictions.
And, finally, issuing a certificate: you receive it for a period of 10 years. After that, the registration of the trademark can be prolonged for the same period.
The owner of the trademark will be able to have many rights, including the following:
– Use of the trademark for the indicated list of goods and / or services;
– Appointment of an official distributor for acting as an exclusive distributor or agent, in accordance with the UAE Law on Commercial Agencies;
– Appointment of a franchisee for the use of a trademark;
– Commercial exploitation of the trademark and obtaining royalties for the licensing of the use of the trademark by third parties;
– The assignment of a trademark to a third party;
– Confrontation with a third party that attempts to register or use identical or confusingly similar trademarks;
– Registration of a trademark in customs authorities to ensure protection.
Violation of the rights associated with the trademark, in the turnover of counterfeit or the use of signs that are similar to confusion, or with any unauthorized use of the mark, continue to be an exciting issue for trademark owners in the Middle East. Trademark owners should consider all available protection options depending on the nature of the violation, location, volume, counterparty strategy and, most importantly, the capabilities of the local law enforcement agency to achieve practical results. Administrative measures taken by the Department of Economic Development or the customs authority are a very important mechanism for ensuring the rights in the domestic market, and in a prompt and cost-effective manner.
Trademark owners should always protect their rights by monitoring and restoring their rights in the relevant markets.