Federal Law No. (37) of 1992 on trademarks, or trademark law, was issued by Late Sheikh Zayed bin Sultan Al Nahyan who recognised the importance and benefits of trademark protection for a prosperous local economy. The law, which was amended by Law No. (19) of 2000 and Law No. (8) of 2002, provides protection for registered trademarks in the UAE and aims to safeguard the interests of both businesses and consumers in the country. The law includes the definition of trademarks, signs that cannot be registered as trademarks, trademark registration and cancellation procedures, transfer of ownership and mortgage of trademarks, licensing others to use trademarks, penalties for trademark law infringement and general and transitory provisions.
Trademark Definition
As per article (2) of this law, a trademark is any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks if they were used or intended to be used either to distinguish goods, products or services from whatever sources or to indicate that certain services, goods or products belong to the owner of the trademark because of their provision, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it.
Signs that cannot be registered as trademarks in the UAE
The trademark law does not allow the registration of the following signs as trademarks.
- Signs without any distinctive character or property or use common names of goods, products and services or the ordinary drawings or pictures of goods and products.
- Any signs that offend public morals or contrary to the public order.
- Using or imitating public symbols, flags and other logos of the UAE or any Arab or international organization or any foreign country without their authorization.
- Emblem of the Red Crescent or the Red Cross or any similar symbols or signs or their imitations.
- Signs which are identical or similar to symbols with absolutely religious character.
- Geographical names if their use can cause confusion about the origin or source of the goods, products or services.
- The name, title, image or logo of a third party unless he or his heirs agreed to their use in advance.
- Particulars of degrees of honour which do not prove that the applicant is legally entitled thereto.
- Signs which may mislead the public or contain false statements or descriptions about the origin or source of products or services, as well as marks that contain the fictitious, imitated or forged trade name.
- Trademarks owned by individuals or legal entities with which any deal is prohibited.
- Signs if the registration of which for some categories of products or services will result in undervaluation of other products or services distinguished by such signs.
- Trademarks which contain words or expression such as Concession, Concessionaire, Registered, Registered Drawing, Copyright, Imitation is Considered Forgery, or other similar words and phrases.
- National and foreign medals, coins or bank notes.
- Trademarks which are merely a translation of a renowned or already registered trade mark if the registration would confuse consumers about the products distinguished by the trade mark.
Registration Process
The Ministry of Economy is responsible for trademark registration in the UAE. Anyone willing to use a trademark to distinguish his goods, products or services may apply to register them in accordance with the provision of this law. The trademark registration is valid for all the seven emirates. The application for registration of the trade mark should be submitted to the ministry in line with the terms and conditions mentioned in this law and its executive regulations. The ministry shall give its decision on the application within 30 days from the date of submission provided that the terms and conditions of this law and its executive regulations are met.
If the ministry approves a trade mark, this shall be announced it in its bulletin and two Arabic newspapers before the registration at the expense of the applicant.
Any interested person can file an objection to the registration of the trademark by submitting a written objection to the ministry or sending a registered mail or e-mail within 30 days from the date of the last announcement, and the ministry shall notify the registration applicant with a copy of objection to his application within 15 days from the receipt of such an objection.
Once the trademark is registered, the trademark owner will be given a certificate containing the registration number of the trademark, the date of application and registration, the trade name or the owner’s name, nationality and place of residence, copy of the trademark, description of the products, goods or services that come under the trademark and number and date of the international priority right.
Articles of the Law
Some of the main articles of the trademark law include:
Article (19)
The period of protection provided by the registration of a trademark is ten years which can be renewed for a successive period of ten years by submitting an application within the last year of the protection period in accordance with the terms and conditions set by this law and its executive regulations.
Article (20)
The Ministry can remove a registered trade mark forthwith after notifying the concerned party about the reasons for removal, listening to their explanations and considering their defense. The affected parties can appeal the removal decision at the relevant civil court within 30 days from the date of notification about the removal.
Articles (37) and (38)
Articles (37) and (38) details the penalties for violating the trademark law. The following acts will invite an imprisonment and/or a fine of at least AED 5,000:
- Forging or imitating a trademark registered according to the law in a way that misleads the public who use goods and services distinguished by the original trademark. The same applies to all who deliberately use a forged or imitated trademark.
- Using a registered trademark owned by a third party or placing it illegally and with bad intention on the products.
- Deliberate sale, display, promotion or possession (with the intent of selling) of products with forged, imitated or illegally placed trademark.
In addition, article (38) gives a jail term not exceeding one year and a fine of not less than AED 5,000 and not more than AED 10,000 or one of these penalties to anyone who uses a trademark that may not be registered as per the provision of this law or illegally writes statements on trademarks or commercial documents giving a false impression that the person holds a registered trademark.
Source:
Ministry of Foreign Trade Website