Trademark Registration in the UAE

In the United Arab Emirates (UAE), trademark registration is governed by the Federal Decree-Law No. 37 of 1992 on Trademarks and the Executive Regulations of Federal Decree by Law Concerning Trademarks.

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The UAE Ministry of Economy is the competent authority for trademark registration and applications must be filed through its online platform.

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The UAE is a party to the following international treaties:

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• The Paris Convention for the Protection of Industrial Property;
• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
• The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; and
• The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification).

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Trademark regulation in the UAE is also influenced by the principles of Sharia law.

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From 2021, trademark owners can file international applications to register their trademarks in the UAE through the World Intellectual Property Organisation (WIPO) under the Madrid System. For example, if your trademark is registered in the Russian Federation or the European Union, you can use that registration as a basis for filing an international application for registration in the UAE through the relevant national intellectual property office.

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The registration process involves submitting an application through the UAE Ministry of Economy's online platform using the prescribed form. An application for trademark registration may be filed either by the applicant in person, if resident or registered in the UAE, or by an agent registered in the official register of trademark agents.

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Trademark registration is valid for ten (10) years from the date of application and is renewable.

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Applications filed by companies registered in free zones within the UAE are processed in the same manner as applications filed by UAE residents.

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However, not every trademark is eligible for registration. Certain trademarks may not be registered at all for certain classes of the Nice Classification. For example, applications for Class 33 (alcoholic beverages, except beers; alcoholic preparations for making beverages) are not accepted.

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The UAE Trademark Law also provides several grounds for refusal of registration. These include a prohibition on registering the symbols of the Red Crescent or the Red Cross and other similar symbols and the signs imitating the same. It is also prohibited to register marks that are identical or similar to symbols of areligious nature, or marks owned by natural or legal persons who are prohibited to be dealt with under the legislation in force in UAE.

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Offending public morality or public order is another ground for refusal. The interpretation of public morality and public order can be broad due to the regional context. For example, trademarks that imply sexual or violent content may be considered contrary to public policy - for example, it is not possible to register the trademark "CRIMINAL" in the UAE.

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