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Trademark Registration in Dubai, RegisterTrademark UAE

Published on : June 2017
Author(s):Several,Sunil Thacker
Country and Applicable Legislation Length of Trademark (in years) Trademark Definition Eligible Applicants Documentation Requirement Language Requirement and Procedures Treaty/ Classification Treaty/Classification Benefits

Trademark Registration in UAE

United Arab Emirates (the UAE ).

The UAE Trademark Law Number 37 of 1992 was amended by Law number 19 of 2000 followed by Law Number 8 of 2002

10 An applicant can file or register a trademark in Dubai or UAE under the Federal law no. No. 37 of 1992 on Trademarks amended by Law No. 19 of 2000 and Law No. 8 of 2002 which sets out the definition of trademark and covers names, words, signatures, letters, figures, drawings, symbols, titles, tax stamps, seals, pictures, inscriptions, advertisements or packs or any other mark or combination thereof.

A sound is considered a part of the trademark if it accompanies thereto

1. Natives of a natural or legal entity, practicing any of the commercials, industrial, professional, or service business can apply for trademark registration in Dubai or UAE;

2. foreigners of a natural or legal entity, practicing any of the commercial, industrial, professional, or service business in the State.

3. foreigners of natural or legal entity practicing any of the commercial, industrial, vocational or service business in any state having reciprocity of treatment with the State; 4. public legal persons; and 5. owners of well-known marks.

1.Priority Document;

2. Trademark Logo or specimen documents (5 x 6 cm or 6 x 7 cm in print form) and (4 x 4 cm or 315 px by 315 px);

3. Trade License Copy for national companies only with a signature delegation from the applicant if the application is filed through the third party;

4. Power of Attorney may be given to lawyers or IP Agents;

5. Passport Copy with personal details of the applicant; and

6. Additional Attachments, if any. Note: International applicants who do not have UAE consulate in their home country can legalize the power of attorney before any other GCC (or; Arab) country. Accordingly, the legalization of power of attorney should first happen before the Ministry of Foreign Affairs (or; related Ministry) in the GCC or Arab country followed by legalization before the consulate of GCC/Arab country in UAE followed by Ministry of Foreign Affairs in UAE

Application must be submitted in Arabic. The Ministry of Economy is responsible for registration (including preliminary search) in the UAE. 2. Once the application is filed, it is queued to be examined for review by Registrar. Applications accepted by Registrar are published in the Trademark Journal and two local Arabic Newspapers. There is 30 days period for filing an opposition by any interested party. The decision of the Registrar on a claim for the opposition of marks may be appealed to the Committee in the Trademark Office, and the Committee’s decision may be appealed to the competent court. Please visit http://bit.ly/uae-ip for more

1.Paris Convention for the Protection of Industrial Property;

2. NICE Classification;

3. Convention Establishing the World Intellectual Property Organisation (the WIPO );

4. The economic agreement between Gulf Cooperation Council States (the GCC ) and the Unified Economic Agreement Between GCC States (Article 20, Chapter VI); and

5. World Trade Organisation (the WTO ) - Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) (1994) (April 10, 1996) Note: UAE is not a member of the Madrid Convention or the Madrid Protocol. Note: UAE is not a member of the Nice Agreement 1957 but has adopted Nice Classification (10th Edition).

The UAE recognizes and protects trademarks registered internationally even if such trademarks have not been registered within the UAE. (refer, Article 4 (1) of the UAE Trademark Law) and Article 6 bis of the Paris Convention. Recognition, reputation, and popularity of mark shall, however, be considered by the Registrar in such matters. 2. Whilst GCC Treaty is not a party to any international treaty, it does encourage growth and development of intellectual property across GCC member states.

Trademark Registration in Saudi Arabia

Kingdom of Saudi Arabia (the KSA ).

Saudi Arabia’s Law of Trademarks (promulgated by Royal Decree No. M/21 of 28 Jumada I 1423 (August 7, 2002)) governs the trademark registration in KSA.

10

A trademark, according to the provisions of this law includes:- 

i) names of distinct shapes,

ii) signatures, words, letters, numbers, drawings, symbols, stamps, and prominent inscriptions; or

iii) any other sign or combination thereof that are suitable to distinguish industrial, commercial, vocational or agricultural products; or

iv) projects aimed at exploitation of forests or natural resources; or

vi) to indicate that the product or item on which the mark is applied belongs to the owner of the mark on the grounds o f manufacture, selection, and invention thereof or trading therewith or;

vii) to indicate the rendering of a certain service.

 

1. Natural or juristic persons of Saudi nationality

2. persons regularly residing in the Kingdom of Saudi Arabia and are permitted to engage in commercial or vocational activities;

3. foreigners who are nationals of countries that extend reciprocal treatment to the Kingdom;

4. nationals of a country which is a member of an international multilateral treaty in which the Kingdom is party to or persons who reside in that country; and

5. Public agencies. and owners of well-known marks. Note: The Ministry of Commerce and Industry accepts trademark registration applications online on its website http://mci.gov.sa

1. A photo of the trademark (not exceeding 10 x 10 cm);

2. name of the applicant, his family name, his address, and his commercial name, if any;

3. legal representative: his name, address of his main headquarters and his nationality;

4. requests by proxy: name, his family name, and his address;

5. description of the trademark sought to be registered;

6. the products and the services for which application is being made along with their category;

7. signature of the applicant or his proxy, and in case of corporate entity - the authorized signatory;

8. ten (10) photos of the trademark compatible to the trademark model of the registration request; 9. in case of proxy, a copy of the proxy shall be enclosed with the original for compatibility; and 10. payment receipt of request-submitting fees pursuant to Article 41 of the Law

9. in case of proxy, a copy of the proxy shall be enclosed with the original for compatibility; and

10. payment receipt of request-submitting fees pursuant to Article 41 of Law

1. Applications for trademark registration in Saudi Arabia are currently accepted in Arabic language only.

2. The opposition of trademarks can be made within ninety (90) days from the date of notice being published in the official gazette. Claims must be filed before the board of grievance

1.Paris Convention for the Protection of Industrial Property;

2. Nice Classification;

3. Convention Establishing the World Intellectual Property Organisation (the WIPO));

4. The economic agreement between gGulfCooperation Council (the GCC) States (Article 20, Chapter VI) and the Unified Economic Agreement Between GCC States; and

5. World Trade Organisation (the WTO ) - Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) (1994) (April 10, 1996)

1. The KSA recognizes and protects trademarks registered internationally even if such trademarks have not been registered within the region. The Law, however, is silent on establishing a time-frame within which well-known marks can be recognized and registered.

Trademark Registration in Kuwait

The law providing for trademark registration is Decree-Law Number 68 of 1980 (Trademarks), as amended by Decree-Law Number 10 of 1987 and Law Number 1 of 2001. The law also provides for temporary registration of trademarks for applicants interested in displaying their products at domestic or international exhibitions or events. Trademark Registration in Kuwait

10 Article 61 of the Kuwait Trademark Law defines trademarks to include distinctive form of words, letters, signs, images or inscriptions, figurative elements (pictorial elements), colour combinations, any signs perceivable by sight, audio signs, olfactory marks or any combination thereof when used or intended to be used or applied in distinguishing goods and thereby enable the owners of such mark or marks to manufacture, trade or offer to sell. Note: Although this guide does not set out fees and costs associated with registration, Kuwait has recently passed a decree (Decree 1268 of 2015) which comes into effect from January 2016. Consequently, application fee is now set at approximately USD 155 and trademark registration fee at USD 799)

1. Natural or juristic persons of Saudi nationality

2. persons regularly residing in the Kingdom of Saudi Arabia and are permitted to engage in commercial or vocational activities;

3. foreigners who are nationals of countries that extend reciprocal treatment to the Kingdom;

4. nationals of a country which is a member of an international multilateral treaty in which the Kingdom is party to or persons who reside in that country; 5. public agencies; and 6. owners of well-known marks.

1. Trademark Application form duly filled along with copy of logo or specimen draft (5 x 5 cm);

2. If the application is filed by an agent or attorney, a copy (and; one original) of the power of attorney in Arabic from principal/client must be submitted;

3. copy of applicant’s trade license;

4. provide (12) copies of the trade mark;

5. trade-mark registration certificate from the original country (for registering foreign marks);

6. an authorised contract for the trademark registration, translated and certified by the authorities in home country (for foreign trademark) along with Arabic translations and duly attested by Embassy of Kuwait (or; any Arab embassy in absence of Embassy of Kuwait in home country) and legalisation before Ministry of Justice and Ministry of Foreign Affairs in Kuwait;

7. the trademark priority documents (attached with all needed documents), Attached with all the above documents (Image in jpg format); and

8. sound marks to be provided in the musical note or written description; 9. olfactory marks or scent marks must be provided in form of a written description; and 10. proof of payment

1. Applications are currently accepted in Arabic language only.

2. The opposition of trademarks can be made within thirty (30) days from the date of notice being published for the third time in the official bulletin. Claims must be filed before the board of grievances.

1. Paris Convention for the Protection of Industrial Property;

2. Nice Classification;

3. Convention Establishing the WIPO; and

4. World Trade Organisation (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (April 10, 1996)

1. Kuwait’s Ministry of Commerce and Industry (Trademark office) now accepts trademark applications based on priority claims. Required documents include certified copy of the priority document duly attested and legalized before the Consulate of Kuwait.

2. The Law confers protection to owners of well-known trademarks that are not registered with Ministry of Commerce and Industry in Kuwait.

Trademark Registration in Oman

Industrial Property Rights Law (promulgated by the Royal Decree Number 133 of 2008) amending Royal Decree Number 67 of 2008 and repealing Decree 38 of 2000. Oman accessed the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs on 4 March 2009

10 Article 1 of the Oman Trademark Law defines trademark as ‘any sign susceptible of being specifically represented graphically that is capable of distinguishing goods ("Trademark") or services ("Service mark") of one undertaking from those of other undertakings. A mark may, in particular, consist of words (including personal names), designs, letters, colors or combinations of colors, numerals or the shape of goods or their packaging, holograms, geographical indications, sounds, scents, and tastes.

1. Natives of natural or legal entity, practicing any of the commercial, industrial, professional, or service business;

2. foreigners of the natural or legal entity, practicing any of the commercial, industrial, professional, or service business in the State.

3. foreigners of natural or legal entity practicing any of the commercial, industrial, vocational or service business in any state having reciprocity of treatment with the State;

4. public legal persons; and

5. owners of well-known marks.

1. Applicants are required to fill in the trademark application form (Form/Model number 1 duly signed;

2. copies of logo or specimen (6x6 cm) (Form number duly signed and must be affixed with an adhesive; For corporate entities: 1. copy of commercial registration; 2. certificates and extracts of logo image;

3. signature of the authorized signatory;

4. copy of power of attorney (if obtained through trademark agency in Oman or trademark attorney)

For Foreign companies:-

1. power of attorney duly legalized, attested and authenticated before Embassy of Oman (except if company is party to Apostle Treaty - please look at the last column);

2. authentication before Ministry of Justice and Ministry of Foreign Affairs in Oman;

3. certificate of incorporation;

4. copy of logo along with Form 1 and 2

1. The forms and other supporting documents to be submitted (including power of attorney) must be in Arabic;

2. The Oman Ministry of Commerce and Industry releases a publication inviting members of the public to peruse the information and oppose the grant of a trademark that may prejudice the commercial and business interest of any person. Claims for opposition must be made within ninety (90) days from the date of publication in Oman’s official gazette.

1. Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs;

2. Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;

3. Trademark Law Treaty;

4. Paris Convention for the Protection of Industrial Property;

5. Convention Establishing the WIPO;

6. World Trade Organisation (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (April 10, 1996)

7. The economic agreement between Gulf Cooperation Council (the GCC ) States (Article 20, Chapter VI) and the Unified Economic Agreement Between GCC States;

8. Free Trade Agreement between Oman and United States of America; and

9. Agreement between the Government of the Sultanate of Oman and the Government of the French Republic on the Reciprocal Promotion and Protection of Investments.

1. Oman recognizes and protects trademarks registered internationally even if such trademarks have not been registered within the region. The Law, however, is silent on establishing a time-frame within which well-known marks can be recognized and registered.

2. Oman is a ‘Connected State’ under the (Hague) Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents from January 2012. Accordingly, documents duly notarised and apostilled by a foreign State, (which is a member of the Apostille Treaty), may be used in Oman without the need for legalization from the Consulate or Embassy of Oman in that foreign country.

3. Under the WIPO-administered Madrid system, a trademark owner may protect a mark in up to 90 countries plus the European Union with its Community Trade Mark (CTM) by filing one application, in one language (English, French or Spanish), with one set of fees, in one currency (Swiss Francs).

Trademark Registration in Qatar

Law Number 9 of 2002 on Trademarks, Trade Names, Geographical Indications and Industrial Designs. Application for each class of goods or services is required to be submitted individually before the intellectual property Department of Ministry of Economy and Commerce

10 Article 1 of Qatar Trademark Law defines Trademark as 'Trademark” means any clear visible sign that can distinguish the goods of a specific enterprise of a trader, manufacturer or service provider.’ “Service Mark” means any clear sign that can distinguish the services of on enterprise from another. “Collective Mark” means a mark used or intended to be used by different enterprises for their goods or services under the control or the inspection of the owner of the mark, who may be a private or public legal person.

1. Natives of a natural or legal entity, practicing any of the commercial, industrial, professional, or service business;

2. foreigners of a natural or legal entity, practicing any of the commercial, industrial, professional, or service business in the State.

3. foreigners of natural or legal entity practicing any of the commercial, industrial, vocational or service business in any state having reciprocity of treatment with the State;

4. public legal persons; and

5. owners of well-known marks.

1. Applicants are required to fill in the trademark application form; 2. five (5) copies of logo or specimen (6x6 cm) (Form number duly signed and must be affixed with an adhesive;

For corporate entities:

1. copy of commercial registration;

2. certificates and extracts of logo image;

3. signature of the authorized signatory; and

4. copy of power of attorney.

For Foreign companies:-

1. power of attorney duly legalized, attested and authenticated before Embassy of Qatar;

2. authentication before Ministry of Justice and Ministry of Foreign Affairs in Qatar;

3. certificate of incorporation; and

4. copy of logo along with Form

1. Applications are currently accepted in Arabic language only.

2. The opposition of trademarks can be made within one hundred twenty (120) days from the date of notice being published in the official bulletin. Claims must be filed before the board of grievances. The Civil Court of Qatar has the jurisdiction to hear and settle opposition claims in events where matters have not been resolved by the Registrar.

1. Paris Convention for the Protection of Industrial Property;

2. Nice Classification;

3. Convention Establishing the World Intellectual Property Organisation (the WIPO );

4. The economic agreement between Gulf Cooperation Council (the GCC ) States (Article 20, Chapter VI) and the Unified Economic Agreement Between GCC States; and

5. World Trade Organisation (the WTO ) - Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) (1994) (April 10, 1996)

Article 2 of the Law recognizes and protects trademarks registered internationally. Article 2 reads as follows: ‘Without prejudice to the provisions of international or bilateral treaties and conventions effective in Qatar, foreigners shall have the same rights under this Law as nationals of the State of Qatar, provided that they are nationals of or residents in states that grant the nationals of and residents in Qatar reciprocal treatment.

Trademark Registration in Bahrain

Legislative Decree Number 11 of 2006 in Respect of Trade Marks

10 Article 2 of the Bahrain Trademark Law sets out that ‘a Trademark shall mean everything that takes a distinctive form such as names, words, signatures, characters, codes, numbers, signposts, seals,drawings, sounds, smells, pictures, inscriptions, packaging, figurative elements, figures, colours, combinations of colours, or any combination thereof or any other sign or a group of signs if used or intended to be used in distinguishing goods or services of an establishment from goods or services of another establishment , or to indicate the performance of certain services, or to distinguish goods or services as regards their source, ingredients, method of manufacture, quality, identity, or any other characteristics. Article 4 of the Law provides ‘Without prejudice to the provisions of article (34) of this Law, any natural person or legal entity shall have the right to file an application for the registration of a trademark at the Competent authority, and shall be conferred the rights provided for in this Law, provided that the applicant is a citizen of the Kingdom or a national of a country member of the Paris Union or a country whose nationals enjoy national treatment under bilateral or international agreements adopted by the Kingdom , or if the person has real and effective industrial or commercial establishments in the territory of such country.

1. Applicants are required to fill in the trademark application form (Form/Model number 1 duly signed;

2. copies of logo or specimen (6x6 cm) (Form number duly signed and must be affixed with an adhesive;

For corporate entities:

1. copy of commercial registration;

2. certificates and extracts of logo image;

3. signature of the authorized signatory; and

4. copy of power of attorney (if obtained through trademark agency in Bahrain or trademark attorney).

For Foreign companies:-

1. power of attorney duly legalized, attested and authenticated before Embassy of Oman;

2. authentication before Ministry of Justice and Ministry of Foreign Affairs in Bahrain;

3. certificate of incorporation; and

4. copy of logo along with Form 1 and 2.

Every interested party may submit the competent authority a written opposition to the procedures of the registration of the trademark within ninety days from the date of the application approval, provided that the opposition is reasoned.

For Sound Marks: Applicants must submit: - a. musical composition (or; musical note) composing of a sound mark; and b. compact-disc (CD) with a musical note attached in mp3 format

For Smell Marks: Applicants must submit: - a. explanatory legend as to the essence of smell; b. labels printed with legend source and essence details.

1. Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs;

2. Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;

3. Trademark Law Treaty;

4. Paris Convention for the Protection of Industrial Property;

5. Convention Establishing the WIPO;

6. World Trade Organisation (WTO) - Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (April 10, 1996)

7. The economic agreement between Gulf Cooperation Council (the GCC ) States (Article 20, Chapter VI) and the Unified Economic Agreement Between GCC States;

8. Free Trade Agreement between Oman and United States of America; and

9. Agreement between the Government of the Sultanate of Oman and the Government of the French Republic on the Reciprocal Promotion and Protection of Investments

Per Article 5 - If an application for the registration of a trademark is filed in any country of the Paris Union or in a country whose nationals enjoy national treatment under bilateral or international agreements adopted by the Kingdom , the applicant or the assignee may ,within six months from the filing date of the application, file an identical application at the Competent authority concerning the same mark and same goods or services contained in the previous application that is in accordance with the terms and conditions provided for in this Law and its implementing regulations and the Orders for the implementation thereof. In this case, the applicant or the assignee may enjoy the right of priority in accordance with the provisions of Paris Convention for the protection of industrial property subject to the provisions of Article (4) Section (D) of that convention. Bahrain is a ‘Connected State’ under the (Hague) Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents from January 2012. Accordingly, documents duly notarised and apostilled by a foreign State, (which is a member of the Apostille Treaty), may be used in Bahrain without the need for legalization from the Consulate or Embassy of Bahrain in that foreign country.

 

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