UAE

FAQ


No, protection of the mark is granted to the shape in which it is registered.


Trademark application covering the class heading will provide the applicants with the maximum possible protection and will be treated as covering all the goods/ services within the class.


No, a separate application should be filed for each class.


Yes, within six months of the filing date of the priority application.


Yes. The Power of Attorney should be legalized up to the UAE consulate in the applicant’s country.


The legalized Power of attorney should further be locally attested here in UAE by the Ministry of foreign affairs before submitting to the trademark office. The charges for attestation vary according to the amount charged by the UAE consulate in the applicant’s country. If the UAE consulate in the applicant’s country charges the applicant USD 600 for legalization, then here in UAE the ministry of foreign affairs will charge us USD 75   and vice versa.


If there is no UAE consulate in the applicant’s country, then the Power of Attorney can be legalized up to the consulate of any other Arab Country (e.g. Saudi Arabia). In this case, we will send this power of attorney to Saudi Arabia to get it super legalized by the Ministry of foreign affairs of Saudi Arabia.

Later, upon receipt of this power of attorney, we will get it legalized by the Saudi Arabian consulate in UAE and then arrange for the local attestation by the UAE Ministry of Foreign Affairs which is obligatory in order to complete the full legalization requirements of the Trademark office.


The trademark applications can be filed with an undertaking letter issued from our end stating that the legalized power of attorney will be submitted within 90 days from the filing date. The 90 days period is not extendable and the mark will be rejected if the legalized power of attorney has not been submitted within the 90 days. However, A certified copy of the priority application (scanned via Email only) along with its simple English translation (if not in the English Language), if priority is claimed (claiming priority can be made only within 6 months from the first filing date in a member state under Paris Convention). 


No. A certified copy is sufficient.


Yes, the trademark office is now accepting Bar & nightclub services.


Class 33 is not acceptable in the UAE. The alternative option to protect the use of the trademark (instead of class 33) is to file the mark in the following classes:

Class 32 (List of goods: 'beer' and/or 'non-alcoholic beer'.) & Class 43 (List of services: Bar services.)


No. Pork meet is not allowed to be registered.


The trademark office is now accepting Retail sales and Wholesale services.


Yes, however, the applicant should submit evidence proving the relationship between this specific Geographical location and the origin of goods or applicant.
Moreover, in most cases, the Registrar will request a disclaimer to the GI if used separately and the protection will be granted to the mark as a whole.


Yes. The United Arab Emirates is a union of seven Emirates and filing a trademark application will cover all these seven Emirates namely Abu Dhabi, Dubai, Sharjah, Ajman, Umu-Al-Quwain, Fujairah & Ras-Al Khaimah.


Yes. as per the UAE Law, a concerned civil court shall, on a request from any interested party, may order the cancellation of Trademark registration if it is proven that the trademark has not been seriously used for five consecutive years unless the owner of the trademark proves that non-use was for reasons beyond his control such Import restrictions and other governmental procedures that are imposed of goods and services distinguished by the Trademark.


Yes. 10th Edition of the Nice Classification.


The details that are mentioned in the Power of attorney should conform to the details mentioned in the application.


Yes. A series of marks can be filed in UAE as a normal trademark at the same charges.


Not possible. A separate national application should be filed for each country.


Yes, It is possible provided that the Power of Attorney is signed by all applicants, notarized and legalized up to the UAE Consulate.


It is not possible to possible to amend a pending trademark application in the UAE. However, the minor amendment is possible on a registered mark not substantially affecting its identity.


Yes. Slogan can be filed and treated as a trademark.


TM can only be used when the mark is under the process of registration after filing whereas ® can be used for registered marks and the final registration certificate is issued. No, the marking should not be included in the application.


10 years; subject for renewal upon expiry.


Upon receiving the instructions, we can file the application (s) within a maximum of 48 hours. The examination by the Trademark Office might occur within 4 to 6 months depending on the backlog at the trademark office and upon receiving the notice of acceptance, we have 30 days to publish the application. Once published, the opposition period ends after thirty days. Finally, the application is ready to be registered and the registration certificate might take two to three months to be issued.


Yes. It can be registered provided that both marks are used together; otherwise, It is recommended to file separate applications for the maximum possible protection for the marks in the UAE.


An appeal should be filed against the registrar's decision within the non-extendible deadline (30 days), otherwise, the application will be canceled at the Trademark Office automatically.


Usually, the examiner accepts the letter of consent, however, the same should be legalized up to the UAE Consulate.

Restoration of the canceled mark is not acceptable, but it is possible to re-file the mark.


UAE allows registration of non-traditional marks (smell mark, sound mark, and trade dress). 


No, it might be rejected by the Trademark Office due to geographical indication. 


The main function of any slogan is to publicize and present the quality or other characteristics of goods/services, therefore, they may lack distinctiveness. Having said that it depends upon the nature of the slogan and seeking legal opinion is advisable in these cases. 


Use of all products and services, covered by any trademark registration, is not mandatory. The use of a single product and service would be sufficient for overcoming any non-use action.


Use must be an actual use not merely an advertisement is sufficient to provide use in the UAE.  


Uniqueness is one of the key requirements for any strong trademark. Considering the efforts and resources to be used for registering a trademark in present times, it is prudent to coin a new term to use as an identifier for any product or service. Coined trademarks are not only strong but are quick to register as there are fewer chances of any rejection by the Trademark Office. Possibility of any opposition from any third party on publication is also unlikely unless they have prior rights in a deceptively similar mark. 
One more aspect to keep in mind is, not only the visual uniqueness of a brand name but there should not be any phonetic similarity with any established trademark. So follow the mantra of creativeness and have strong trademark protection for your brand worldwide without any hassle!

Head Office

Bldg. No. 46, Abdel Rahim Al-Waked Street, Shmeisani
P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5100 900
Email : agip@agip.com

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