How to Trademark a Name? Some Features of the Registration Process in the UAE
What is a trademark and how to trademark something? According to the international and local laws on intellectual property protection, if a business owner wants to get a unique trademark, which makes its name recognizable, a company must develop own individual design of a symbol, and submit the appropriate package of documents to the local patent authorities.
When the trademark registration process is completed, and the rights for a trademark are obtained in some jurisdiction, you get protection of local law. The provisions of this law define how these rights are protected and what is a status of the trademark holder.
If you are the owner of a copyright, trademark or other intellectual property, you can register the rights to this intellectual property in the name of your company abroad.
Such a company will make possible the efficient and reliable protection of your rights at the international level and will provide the preferential taxation of the royalties, which you receive for your rights.
The company in the UAE, in the name of which you can register the various intellectual property rights, has preferential tax regime – full exemption from the taxes in the UAE for all the received payments and royalties. Besides, such a company will protect your rights, and in particular, the rights of owning your intellectual property.
How to register a trademark in the UAE?
Just like in any other country in the world, in order to register a trademark, it is necessary to collect a package of supporting documents and submit a corresponding application. In the UAE there is a body that deals with such issues, this is the National Patent Committee. The process of registering a trademark is as follows: when your application comes to the National Patent Committee, the specialists carry out an appropriate examination to check whether such a trademark is already registered. They publish the results of this research in the local press (in several editions at least). If a third party has any objections to the ownership of the trademark, it can file them within 30 days. Likewise, the registering party has 30 days to respond. Thus, the entire registration process cannot exceed 60 days under any circumstances. After the expiration of this period, you become the full owner of the trademark in the UAE.
Here is an example package of documents that must be submitted to the National Patent Committee for trademark registration.
- Legalized power of attorney. The document is legalized in the UAE’s consultant and in the country from which the applicant originates. The power of attorney, which has already been issued for another GCC country (if there is one), is suitable for local patent authorities in the United Arab Emirates.
- Extract from the commercial register, or certified copies of the constituent documentation.
- Documents in which the description of the value of the trademark.
- Documents of individuals who provide documentation (passport and others).
Trademark protection in the UAE
It is important to remember that in the UAE, the registration of a trademark by one of the parties in the Ministry of Economy provides the clearest confirmation of trademark ownership.
This Ministry is a federal authority, and a valid registration certificate issued by a Ministry in most cases is the only evidence required by a regulatory or licensing authority in the UAE (for example, the Economic Development Department) or a law enforcement agency (for example, police or customs) to demonstrate the ownership and start activities.
Although it is possible to rely on unregistered rights, a substantial amount of time and cost may be required along with a large amount of supporting evidence in order to confirm ownership with unregistered trademark. It is much easier and cheaper to register a trademark in the UAE than to assert ownership of unregistered rights.
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