Insights & Research
Adv. Drisya Raveendran
Senior Legal Associate
UAE follows a first-to-file system, which means that rights of a registered proprietor prevail over those of a user. Registration of Trademarks in the UAE is governed by the Federal Decree Law 36 of 2021, under the Ministry of Economy. A trademark may be filed either as either a single class application or a multiclass application.
WHAT CAN BE REGISTERED AS A TRADEMARK?
As per Article 2 of Federal Decree Law no. 36 of 2021, anything with a distinctive form, including names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs including unconventional marks such as distinctive smell, sound marks, three-dimensional mark, hologram mark, etc can be registered as a trademark that is capable of distinguishing goods or services of one person from those of others.
WHAT CANNOT BE REGISTERED AS A TRADEMARK?
According to Article 3 of Federal Decree Law no. 36 of 2021, the following cannot be registered as a trademark in the UAE:
WHO CAN APPLY FOR A TRADEMARK IN UAE?
Any physical or juristic person is eligible to apply for a trademark in the UAE
For Individuals/Entities in UAE:
FOR Individuals/entities outside UAE
In a straightforward matter with no objections/oppositions, the application would be registered within 4-6 months.
CANCELLATION OF A TRADEMARK REGISTRATION IN THE UAE
If a registered trademark is not used within 5 years after the date of registration, it may be cancelled on that basis.
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