Corporate Compliance Services
Intellectual Property Registration
Safeguard your brand against imitation and counterfeiting. Secure exclusive rights and enjoy brand monopoly across the Middle East, and of course Globally.
Intellectual Property Registration In The United Arab Emirates
Our Group Business Unit (JIP) is a leading full-service IP firm specializing in intellectual property registration throughout the Middle East. Headquartered in Dubai, JIP is a licensed trademark agent registered with the UAE Ministry of Economy, ensuring comprehensive and reliable IP services.
The initial and most critical step in safeguarding your brand in the UAE is registering a trademark with the UAE Ministry of Economy by submitting an application to the trademark office. However, many are unaware of additional measures, such as recording the trademark with Dubai Customs and leveraging the Intellectual Property Protection services offered by Dubai Economy.
While registering a trademark and obtaining a certificate from the UAE Ministry of Economy is an essential step, it does not fully protect your brand from being copied or sold in the grey market. To ensure comprehensive protection, brand owners must also register their trademarks with UAE Customs and Dubai Economy. These additional steps significantly enhance brand security and prevent counterfeiting.
The following information guides businesses on utilizing the services of Dubai Customs and Dubai Economy to protect their brands from counterfeit goods entering the UAE. It also outlines how to lodge a complaint with Dubai Economy of counterfeit products are still found in the grey market:
Comprehensive Guide to Trademark Protection and Recording in the UAE
The Importance of Trademark Protection
A trademark is one of the most valuable assets a company can own, making its protection essential across all jurisdictions. Registering a trademark with the UAE Ministry of Economy is a fundamental step, as it provides initial protection against copying and infringement. However, for enhanced protection, trademarks should also be recorded with the Customs Departments of the respective emirates in the UAE.
Recording trademarks with UAE Customs ensures an additional layer of security, especially in cases of infringement or counterfeit goods entering the market. Currently, trademark protection through Customs is offered by five emirates:
- Abu Dhabi
- Dubai
- Sharjah
- Ras Al Khaimah
- Ajman
Note: Fujairah and Umm Al Quwain do not currently provide trademark protection through Customs. Trademark recording must be done separately with the Customs Departments of each emirate, following a consistent process across all.
Trademark agents in the UAE recommend that brand owners complete their trademark registration with the UAE Ministry of Economy before proceeding with Customs registration in the respective emirates.
Why Register Trademarks with UAE Customs?
Protecting intellectual property is as crucial as establishing or growing a business. Companies that recognize the importance of brand identity invest significantly in safeguarding their intellectual property rights.
While UAE trademark laws effectively secure the rights of brand owners, a trademark becomes vulnerable to infringement after registration. Such infringements can damage brand identity and business prospects. Recording a trademark with Customs provides an additional enforcement mechanism, enabling brand owners to prevent counterfeit goods from entering the UAE.
Process for Trademark Recording with UAE Customs
The Customs Departments of Dubai, Abu Dhabi, Sharjah, Ajman, and Ras Al Khaimah allow brand owners to record their trademarks. This process establishes a database of registered trademarks at the Customs level, facilitating enforcement against counterfeit products.
To record a trademark with UAE Customs, the following steps must be followed:
- Eligibility: Only trademarks registered with the UAE Ministry of Economy can be recorded with Customs.
- Application Submission: Brand owners, agents, or legal representatives must submit a Trademark Record Form to the respective Customs Department.
- Fees: Applicable fees must be paid to the Intellectual Property Rights Office at Customs.
- Documentation: The application must include:
- A copy of the trademark registration certificate issued by the UAE Trademark Office.
- Details of the registered trademark, including the relevant classes.
Additional Considerations:
- The classes registered with Customs must match those registered at the Ministry of Economy.
- Service marks are not covered by Customs registration.
- Brand owners must provide clear information to help Customs officials distinguish between genuine and counterfeit goods.
- The recordation remains valid for the duration of the trademark’s registration and can be renewed upon renewal of the trademark registration.
How Customs Departments Handle Infringement Cases
Customs officials have the authority to inspect incoming consignments to ensure compliance with trademark laws. If they suspect goods of infringing a trademark, the following steps are taken:
- Notification: Customs notifies the trademark owner or their legal representative about the suspicious goods.
- Hold Period: The goods are held for up to three working days.
- Confirmation: The trademark owner must confirm whether the goods infringe their rights and decide whether to file a complaint.
If the trademark owner confirms the infringement and files a complaint, they must provide:
- A written complaint (in Arabic).
- A copy of the valid trademark registration certificate.
- A power of attorney.
- A written assurance to bear the costs of goods impoundment.
- A fee for filing the complaint.
Why Choose Growth Partner & JIP?
Recording trademarks with UAE Customs is one of the most effective ways for brand owners to enforce their intellectual property rights. However, a valid registration with the UAE Trademark Office is a prerequisite for this process.
JIP, a parent company of Growth Partners, is a full-service IP firm based in Dubai, specializes in helping brand owners protect their trademarks across the UAE and GCC countries. JIP’s experienced trademark agents ensure proper registration with both the Ministry of Economy and the Customs Departments of the respective emirates.
Our Services Include:
- Trademark registration and recordation.
- Trademark search and market investigation to detect potential infringement.
- Comprehensive legal services to enforce trademark rights in case of infringement.
Protect your brand effectively with Growth Partners – your trusted partner in IP protection.
Trademark Registration Requirements in the UAE
Following documents are required to file the application of trademark registration in the UAE:
Requirements for Individual Applicants
- Trademark: Submit the trademark in PDF format.
- Passport Copy: Provide a scanned copy of a valid passport.
- Residential Address: Include the complete home address.
- Power of Attorney: Submit a notarized Power of Attorney, legalized by UAE authorities.
Requirements for Companies/Businesses
- Trademark: Provide the trademark in PDF format.
- Trade License: Submit a scanned copy of the company’s trade license.
- Authorized Signatory Identification: Include a scanned copy of the passport of the authorized signatory.
- Power of Attorney: Submit a notarized Power of Attorney, duly legalized by UAE authorities.
Requirements for Foreign Companies
- Trademark: Provide the trademark in PDF format.
- Certificate of Incorporation: Submit a scanned copy of the company’s certificate of incorporation.
- Authorized Signatory Identification: Include a scanned copy of the passport of the authorized signatory.
- Power of Attorney: Submit a notarized Power of Attorney, legalized by UAE authorities.
Process for Filing a Trademark Registration Application in the UAE
- Trademark Search
While not mandatory, conducting a trademark search in the UAE is highly recommended to identify any prior identical or similar applications or registrations before filing the application. - Filing the Trademark Application
Once the trademark search is complete, trademark agents will file the application with the Trademark Office.
(Note: Foreign companies or individuals cannot file a trademark application without an authorized trademark agent in the UAE.) - Application Examination
Upon submission, the registrar will examine the application in accordance with UAE trademark law. - Issuance of Acceptance or Rejection Order
The registrar will issue an acceptance or rejection order based on the examination of the trademark application, in line with the law. - Publication in Local Newspapers
If the application is accepted, the trademark will be published in two local Arabic newspapers within 30 days of the acceptance. The official publication fee for listing in the official gazette must also be paid at this time.
(Note: The UAE official gazette is published on the last day of each month.) - Opposition Period
A 30-day opposition period begins after the trademark is published in the official gazette. During this time, third parties can oppose the trademark registration. - Final Registration Fee Payment
If no opposition is raised within the legal opposition period, the trademark application will automatically become eligible for final registration. The final registration fee must be paid within 30 days from the end of the opposition period. The trademark office does not send a special notification for this payment. - Issuance of Registration Certificate
Once the final registration fee is paid, the Trademark Office will issue a registration certificate. The trademark registration is valid for 10 years from the application filing date.
(Note: The UAE Trademark Office no longer issues hard copy certificates. Instead, trademark owners are provided with a soft copy of the certificate, which is valid across all government departments in the UAE.)
Key Points to Remember When Applying for Trademark Registration in the UAE:
- The UAE Trademark Office adheres to the 11th Edition of the Nice Classification for Goods and Services.
- Class 33, which covers wine and alcohol, is not permitted for registration in the UAE.
- The UAE follows a single-class registration system.
- Trademark applications can be filed under an individual’s name or a company’s name.
- Companies registered in free zones or offshore are eligible to apply for trademark registration in the UAE.
- Foreign companies or individuals can only apply for trademark registration in the UAE through authorized intellectual property firms (trademark agents in the UAE).
- The trademark registration certificate is valid for 10 years and can be renewed prior to its expiration.
Frequently Asked Questions
Learn more about company formation in the United Arab Emirates
In the United Arab Emirates, you can establish entities like Limited Liability Companies (LLC), Free Zone Entities, Sole Proprietorships, and Branches of Foreign Companies.
The company formation process in the UAE can take anywhere from a few days to several weeks, depending on the type of company and the specific requirements involved.
The United Arab Emirates offers a tax-free environment for most businesses, with no personal or corporate income tax, provided the company qualifies for Free Zone status.
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