All you need to know for a trademark Registration-filing in United Arab Emirates

A smooth trademark registration generally passes through three phases:

Filing – which you file the trademark at the TM department.

Publication – if the mark is accepted and not rejected, it will be published for 90 days (opposition period).

Registration – after the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate.

After filing a trademark at the trademark office, and settling official fees relating to filing the trademark examiners at the Ministry of Economy in the UAE to examine trademark applications, the examination process takes place on two levels:

Formal examinations of trademarks in the United Arab Emirates (UAE) - are examinations which take into account regulatory, formal or documentary aspects of the trademark filing requirements. In other words, an examiner will look at, whether all the required documents for filing have been submitted, whether these documents have been properly authenticated (legalized or locally legalized), whether the fees have been settled, whether the applicant is entitled to register a trademark locally, whether the classes designated are available locally, and whether priority documents are included or not.

Substantive examinations of trademarks in the United Arab Emirates (UAE) - are conducted by examiners at the trademark office within the ministry of economy.

The examination criteria are both on absolute grounds, and relative grounds:

Absolute grounds for trademark refusals in the United Arab Emirates are:

• Trademarks which are devoid of any distinctive character.
• Trademarks which exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
• Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
• Trademarks which are contrary to public policy.
• Trademarks which are contrary to public morals and ethics.
• Trademarks which deceive the public, as to the nature, quality, or source of the goods or services.
• Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags or symbols.
• Trademarks which include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
• Trademarks which are similar to or resemble symbols of a purely religious character.
• Trademarks which are geographical names and whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
• Trademarks which are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
• Trademarks which are indications of honorary distinctions that the applicant for registration cannot prove.

Relative grounds for trademark refusals -Relative grounds for trademark refusals - assess whether a trademark application filed in the UAE may cause confusion due to the similarity with a previously registered or famous trademark locally.

• The power of attorney can be submitted within 60 days of filing a trademark in the UAE.
• Trademarks are published for a period of 30 days for any third party to oppose. 
• There is a strict 30 day period to settle publication fees from the date of issuance of a notice of allowance (trademark acceptance decision). Any delay will lead to a penalty payment for late settlement of publication fees which multiply every month. 
• There is a strict 30 day period to settle final registration fees (issuance fees) from the last day a trademark is published should no notice of opposition be issued. Any delay will lead to a penalty payment for late settlement of registration fees which multiply every month.