February 20, 2024

With the world’s population flocking to the UAE to establish their businesses, one of the most common questions is how to obtain trademark setup in the country. A trademark gives your business a unique identifier, distinguishing your products or services from competitors and safeguarding your intellectual property rights. This is why it’s important to understand the process of obtaining trademark setup in the UAE. Here’s a guide to explain this process in a much simpler way. Introduction Before delving into the intricacies of obtaining trademark setup in the UAE, it’s essential to understand trademarks and their significance.  A trademark can be a word, phrase, symbol, design, or a combination thereof that distinguishes the goods or services of one entity from those of others.  It serves as a valuable asset, fostering brand recognition and consumer trust while preventing unauthorized use by competitors. Trademark setup confers exclusive rights to use the mark in connection with the specified goods or services within the jurisdiction.  In the UAE, registering a trademark provides legal protection against infringement, counterfeiting, and unauthorized use. Steps to Obtain Trademark Formation in the UAE 1. Conduct a Trademark Search Before initiating the setup process, conducting a comprehensive trademark search is important to ensure that your proposed mark does not infringe upon existing trademarks.  This involves searching the UAE Trademark Register and other relevant databases to identify any conflicting marks or similar designs. 2. Determine the Trademark Class(es) In the UAE, trademarks are classified according to the Nice Classification system, which categorizes goods and services into 45 classes.  It’s essential to determine the appropriate class(es) relevant to your products or services, as each class represents a distinct category of goods or services. 3. Prepare and Submit the Application Once you’ve conducted the trademark search and determined the relevant class(es), you can proceed to prepare and submit the trademark application to the UAE Ministry of Economy (MOE) through the official portal or authorized agents.  The application must include the following: Details of the applicant(s) Clear representation of the trademark Description of the goods or services Power of attorney (if applicable) 4. Examination and Publication Upon submission, the MOE conducts a thorough examination of the trademark application to ensure compliance with legal requirements and substantive criteria.  If the application meets the necessary criteria, the trademark is published in the Official Gazette to allow for any opposition from third parties within a specified period. 5. Formation and Issuance of Certificate If no oppositions are filed during the designated period, the trademark setup process proceeds and the MOE issues the setup certificate.  The certificate serves as conclusive evidence of ownership and exclusive rights to use the trademark in connection with the specified goods or services within the UAE jurisdiction. Key Considerations and Best Practices Engage Professional Services: Working with experienced trademark attorneys or agents can streamline the setup process, minimize errors, and enhance the likelihood of successful setup. Maintain Vigilance: Trademark protection requires ongoing vigilance to detect and address any infringements or unauthorized use of your mark. Renewal and Maintenance: Trademark setups in the UAE are valid for ten years, renewable upon payment of the prescribed renewal fees. It’s crucial to keep track of renewal deadlines to maintain the validity of your trademark. Securing trademark setup in the UAE is a pivotal step towards safeguarding your brand identity, mitigating risks, and maximizing opportunities for growth and expansion in the dynamic marketplace.  This is an important step in establishing a business in the UAE and most businessmen don’t understand the importance of it. That’s why we at AB Capital Services are here to help. If you want to speed up the trademark setup process for your business, book a free consultation call with us and we will handle the rest.