What is Trademark?
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of goods of one party from those of others. Such design becomes closely related to your company and its service level in customers’ minds. Individuals use this trademark and name among themselves as distinctive for the goodwill of their business and for the purpose of preventing others from designing a similar or identical mark to mislead customers and exploit the trademark’s reputation for their benefit. Therefore, you should register your trademark locally, internationally or in specific countries depending on your activity and future investment in other countries. Another reason for registering your trademark is that trademark registration would be highly useful if you wanted to obtain licenses for other companies in the same region due to the similarity in the nature of customers and their need to such service.
Thus, Nour Attorneys Law firm provide services so that your trademark can be registered locally and internationally. Moreover, our law firm possesses specialized skill in drafting licensing and franchising contracts and Trademark Licensing Agreements for the various activities and trademarks all over the world.
What is the procedure of Trademark Registration in the UAE?
1- Inexpensive Initial International Protection of Trademarks in the UAE
Nour Attorneys Law firm team of high qualified legal consultants works in a direction to trademark registration, but meanwhile, for the initial protection of your business, our team assist you to register your trademark through the United States Federal System, for example, hence, you can use the TM logo next to your trademark. Since the said procedure enjoys international protection under the international agreement between the United States of America and other countries, it protects your trademark temporarily until you can register your trademark internationally.
2- Providing International Protection, Including Local Registration for trademark registration in UAE
Nour Attorneys Law firm is fully capable in registering your trademark internationally all over the world. Such protection procedures are implemented at a high cost, including the cost of licensing in each country through submitting the trademark protection application to the competent international authority.
3- Local Protection in Specific Countries like Trademark Registration in the UAE
Nour Attorneys Law firm consisting of highly qualified lawyers and legal consultants is capable in getting your trademark registered in each country you are concerned with registering the trademark registration in UAE.
Legal Document Drafting Services in relation to the use of Trademark in the UAE, Commercial and Industrial Activity Licensing
In addition, our law firm provides license trademarks in other countries in case if you wish to grant a license or franchise to another company in return for a percentage of net profits or income for using your trademark while complying with your instructions on service procedures and quality. Moreover, you will be entitled to oblige parties to use specific products from a specific provider or of a specific quality and to train their staff and other matters. In this regard, we focus on the following:
1- Drafting Trademark License Agreement
Nour Attorneys Law firm provide service in drafting separate trademark licensing agreements from the license agreement to ensure that the agreement may be terminated separately from the license. This also aims at depriving the licensee ability to register the trademark, similar marks or sub-marks independently of the license agreement that may be terminated between the parties.
2- Drafting Franchise Agreement for conducting Commercial Activity
Nour Attorneys Law firm is specialized in drafting license or franchise agreements that include the tiniest details with regard to licensing and franchising such as, for example, the franchisor’s ownership of phones and business numbers, the right to acquire the licensed place if it is rented and renting it for a specified period if it is owned by the franchisor, as well as licensing practices and the mechanism for resolving any complaints. These details also include the prohibition of launching websites or making an e-mail with a name that is similar to the activity’s name, the prohibition of issuing any publications without the contest of the licensor or the franchisor, and the prohibition of giving discounts as well. In addition, such agreements also include matters such as training processes, training and inspection costs, the cost of audits conducted by secret inspectors, as well as requiring the licensee to keep a reserve of products with a specified percentage.
Moreover, these agreements also tackle the licensee’s obligations concerning local and international tax accounting, advertising fees, and local and international markets. Said agreements are drafted in the form of small booklets, however, they are highly effective when it comes to protecting your interests.
3- Drafting an Agreement for the Exploitation of Exclusive Products from Specific Sources
At Nour Attorneys Law firm, draft agreements that require the licensee to purchase the raw materials which are used to provide the service under specific conditions, from a specific source or trademark with the obligation to purchase products of such trademarks and provide a proof of that. We require the licensee to sign a manufacturing agreement with the licensor or the franchisor.
4- Drafting Personal Guaranty of License Agreement
Nour Attorneys Law firm obtains personal guarantees from licensees, in particular with respect to damages and compensation for damages. Assuming that the licensees refuse granting a personal guarantee, we draft such agreements to be limited to damages to ensure that licensees comply with the terms and agreements of licensing or franchising.
5- Drafting Licensee Undertakings
Furthermore, we work to get all possible guarantees for our clients to ensure that the reputation of his business or his trademark will not be damaged or deteriorated.
What is the cost, process and validity of Trademark Registration in the UAE ?
To register a trademark in the UAE is required to file an application before the ministry of economy as this is the concerned authority to register a trademark in the UAE. The online application is to be filed at the ministry of economy’s website with the required documents and to submit the fees at the online portal of the ministry of economy.
What is the concern law regulating the Trademark registration in the UAE ?
The law regulating the registration of trademark in UAE is Federal Decree law No. 36 of 2021, in this law definition of trademark and process for its registration is clearly mentioned. Moreover, the procedure for keeping the records and issuance of certificate upon the registration of the trademark is to be maintained by the ministry or office and rights in relation to the licensing of the trademark is also defined in the said law.
There are various strict penal provision mentioned under the law which imposes hefty penalties upon the violator if there breach in the use of trademark and the said penalty ranges from AED 100,000 (one hundred thousand dirhams) to AED 1,00,0000 (one million dirhams).
The ministry of economy has also established “Trademark Grievances Committee” consisting of one Judicial Member and two technical members and the duty of the committee is to adjudicate the grievances raised by the parties against the decision issued by the ministry of economy.
Who can apply for the registration of Trademark in the UAE?
Our Business Lawyer in Dubai states that:
In accordance with the law regulation the registration of the trademark in the UAE. The below mentioned person can file the application for the its registration in the UAE:
- The nationals/citizens of the UAE and any natural and artificial persons practising any commercial, industrial, professional, or service business.
- Any foreign, natural and or artificial persons practising any commercial, industrial, professional, or service business.
- Any foreigner, natural and artificial persons practising any commercial, industrial, professional, or service business.
- Any other artificial person.
How to register a trademark in the UAE?
Nour Attorneys Business lawyer in Dubai will surely assist you in filing the trademark registration in UAE. Our Corporate Lawyers in Dubai possess vast experience and knowledge in filing application and conducting trademark research in effective and efficient manner within 30 days from the date of filing the application with the ministry of economy.
Does it is necessary for trademark registration to file online application with the Ministry of Economy ?
Yes, it is necessary to file application for the trademark registration in UAE with the ministry of economy is the concern authority which is authorized by the Federal Government of UAE to register the trademark and to issue trademark registration certificate.
Whether it is important to make sure the Trademark is not already registered?
Yes, it is important to make sure by conducting the trademark research that the said trademark is not previously registered in the UAE, as without conducting this process the application for trademark registration will be considered as approved by the ministry of economy.
Whether the ministry publishes any update for the registration of trademark in the local Arabic language news paper?
If the ministry of economy accepts the registration of trademark then prior to its registration in the UAE, the publication is being made in the ministry of bulletin at the expense of the applicant in accordance with the rules and regulation as set out in the implementing regulations. Thereafter, within 30 days of the said publication any interest person has to raise their grievances before the committee.
Whether the registration of Trademark Enhance Brand Value of product?
Yes, the registered Trademark enhances the brand value of the product as it create the image of the product in the market and build trust between the consumers and buyers. There no doubt in saying that registered trademark enhances the brand value of product.
What is the procedure for Trademark renewal in the UAE ?
The procedure for the trademark renewal is very easy as the protection which is granted to a registered trademark in the UAE is 10 years and for in order to renew the tenure for the trademark then application for renewal u
Nour Attorneys & Legal Consultants , provides one of the Best Lawyer in Dubai which are experienced in providing the best services in relation to the trademark registration UAE and trademark registration in Dubai. Our law firm is always ready to assist and serve the client from the best of their capabilities.
Our Corporate Lawyers in Dubai are highly experienced and skilled in drafting the application for the trademark registration in UAE and also the Trademark Licensing Agreements and Franchising Agreement. Our law firm through its professional team is highly specialized in providing legal business services and commits to be your legal partner for corporate and business affairs.