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How to Register a Brand Name in the UAE?

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Sakina Burhan
How to Register a Brand Name in the UAE?

Brand Registration in UAE is one of the most effective and essential systems designed for business owners for the protection and security of their brand. Widely known as trademark registration, this scheme enables consumers to distinguish products or services for a particular business or brand in the market, and also to designate that these products or services are associated with the owners of the brand. On the whole, it helps businesses or brands to stand out amongst their competitors by protecting the company’s goodwill and quality.


To know more about brand registration, the benefits, and the process to achieve this accreditation, refer to the below article.


What is a Brand or Trademark Registration?


Any distinct symbol, word, logo, or graphic used to represent an enterprise or the brand of a product is known as a trademark. The legal registration or authentication of these trademarks is known as trademark registration or in simple words, brand registration. 

With some amendments in Federal Law No. 37 for the year 1992, the trademark law in UAE was introduced with the resolution to protect the identity of business products. Emirates including Sharjah, Abu Dhabi, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain are covered under this law.


Basically, trademark registration helps protect the logo and brand name of a company used on their goods as well as services. In short, they are intellectual property rights protected by the law of the UAE. However, they are quite different from patents as the primary purpose of a trademark is Brand recognition. Thus, it serves as a guarantee to the customers that the products they are using bearing the trademark are of trustworthy quality as well as a well-known brand. This, thus, assures that the consumers do not use fake brands or counterfeit products.


Things that can be considered a trademark are as follows:


  • Logos 
  • Numbers 
  • Graphics 
  • Words 
  • Hallmarks 
  • Titles 
  • Advertisements 
  • Marks/Group of marks 
  • Symbols 
  • Signs 
  • Names 
  • Labels 
  • Designs 
  • Pictures 
  • Seals 
  • Patterns 
  • Announcements/slogans


Things that cannot be registered as a trademark are as follows:


  • Descriptive marks 
  • Any symbol violating public order 
  • Flags, emblems, or logos resembling any countries, international organizations, and government’s 
  • Logos or any other imitation of the Red Cross or the Red Crescent 
  • Marks that symbolize the purely religious character 
  • Geographic names that may confuse the origin of a product or service 
  • National/ International Medals, Currency notes, and Coins 
  • The translated version of an already registered trademark


Since corporate laws and policies are very strict in the UAE, severe punishments or penalties can be charged against the company or individual involved in trademark violation or other similar acts. For example, 

  • Making a copy of any registered brand to mislead the public, and thus earning profit out of it. 
  • Using a registered trademark on goods of another company without legal permission 
  • Destroying the reputation of a well-established brand by using its trademark on fake products.


Involving in any of the above acts comes under criminal offense. And hence, the punishment is also equally hefty. Any company that sells fake products using a registered trademark of another company, then the UAE court orders to not just terminates the products from the market, but also destroy the tools, machines, and equipment used to produce those goods.


Authorities for Brand Registration in UAE


The office of the Ministry of Economy is the main authority that looks after brand registration in Dubai, UAE. Nonetheless, the applicant also needs to obtain approval from certain other departments for the Enforcement of trademarks or brands, such as 

  • Ministry of Justice 
  • Department of Economic Development(DED) 
  • Intellectual Property Rights(IPR) Department 
  • Criminal Investigation Department(CID) 
  • Economic Crimes Department(ECD) 
  • Customs Department


Eligible candidates for Brand Registration in UAE

 

Here’s the list of applicants that can register a trademark in Dubai or UAE – 

  • Individual 
  • Companies 
  • Partnership firms 
  • Trade unions 
  • Other legal enterprises


Requirements for Brand Registration in UAE


  • Name, address, and nationality of the brand owner 
  • Nature of the business 
  • A visual representation of the mark or symbol used for trademark/brand registration 
  • Meaning or significance of the mark or symbol(if in any foreign language other than Arabic) 
  • Power of attorney duly notarized and legalized at the consulate of UAE 
  • Priority application along with an approved copy of the priority document, in case priority is being claimed


Benefits of Brand Registration in Dubai


Being the most significant feature of a company, a trademark enables the products and services of the company to stand out from its competitors. In addition, there are several other benefits of registering a trademark, such as – 


Security 

A trademark registered by any business in the UAE provides security to that business and its relevant aspects, such as products and services. Besides, the company can also obtain loans from UAE banks using their respective trademarks.


Legal Authority 

The company that registers a trademark in the UAE gets the legal authority to trade the protected goods and services, and also use them in the market. Thus, it restricts the unauthorized trade of goods and services, as well as the trade of counterfeit products in the market.


Independent existence 

A trademark facilitates companies to reap all benefits from the trade of their goods and services. However, companies without a registered trademark cannot fully benefit from the sale of their products.


Transferability 

An added advantage of trademark registration is that it is transferable. A trademark in UAE is not just transferable from one entity to another, but also from one emirate to another.


Procedure for Brand Registration in Dubai and UAE


The procedure for brand registration in UAE is quite simple as well as straightforward. All you need to do is follow the given steps to register your brand or trademark.


  • Ensure the trademark is not already in use or previously registered 
  • Apply on the website of the Ministry of Economy 
  • Pay the requisite fee amount 
  • Evaluation of the application by the MoE 
  • Publish in two local(Arabic-language) newspaper 
  • Receive the Brand registration certificate


Also read the post: Start Your Consulting Business in the UAE


Registration requirements for brand registration in Dubai and UAE:


  • Passport copy of the business owner/authorized signatory 
  • Address proof 
  • Power of Attorney 
  • Copy of trade license, if the partner is a corporate entity 
  • Certificate of incorporation (of any existing business) 
  • Payment Invoice 
  • Logo or symbol that you want to register 
  • List of goods and services


Key points to remember:- 

  • The 11th Edition of Nice Classification of Goods and Services, with the single-class system, is followed by the UAE Trade Marks Office. 
  • There are restrictions on the registration of certain beverages such as wine and alcohol. 
  • The business owner can either use the individual name or company name while filing for a trademark application. 
  • Free zone companies as well as offshore companies are also eligible for brand registration in UAE. 
  • While applying for trademark registration in UAE, foreign individuals and companies need to apply through approved Intellectual Property firms, i.e., Trademark agents in UAE. 
  • A brand registration certificate is valid for 10 years, which the owner can later renew accordingly.


Summing Up

 

The list is quite long when it comes to the “Do’s and Don’ts” of brand registration in UAE. Therefore, companies or individuals who want to launch their venture in the UAE and register their brand with the authorities need to pay close attention while confirming their trademark. Moreover, they must also have relevant information about the process and techniques of registering a trademark or brand in the UAE.


The professional business advisors at Shuraa Business Setup are well-armed with all the legal requirements related to business formation, brand registration, as well as license and visa applications. Furthermore, our agents have a deep understanding of the legal system of the UAE that would assist you in getting through all the registration procedures correctly, thus, ensuring a positive outcome. 

So, if you need any further assistance or advice, feel free to contact us at:

Email: [email protected] 

Website: www.shuraa.com 

Phone: +971 44081900 

WhatsApp: +971 50 777 5554 

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