Setting up a company in UAE involves undertaking several formalities necessary for the venture’s ultimate success. Everything from acquiring trade license, company registration, drafting legal documentation, visa and immigration procedures, and approval from judicial authorities, requires a thorough insight of the govt. policies and laws of UAE. One such requirement that becomes necessary as a company grows in stature is acquiring a Trademark License of UAE.
What is Trademark Law
Trademark laws are countermeasures introduced by governments into economies to protect and safeguard any distinguished form of names, statements, signatures, figures, letters, graphics, titles, logos, pictures hallmarks, seals, announcements, packs, patterns, or any other marks or group of marks registered by a business according to a country’s intellectual property laws. These elements may belong to a brand, its products, services or any other forms of provisions such as manufacturing, selection or trading.
UAE Trademark Law
To ensure complete protection of intellectual property of companies, the UAE government has taken commendable steps to enforce robust trademark laws. UAE’s current approach to protecting trademarks and its mechanisms are very similar to those used in Western jurisdictions. Late Sheikh Zayed bin Sultan Al Nahyan introduced UAE’s Federal Trademark Law No. 37 of 1992 which was amended by Federal Law No. 8 of 2002. The trademark registration cost is low, and almost all types businesses can apply for it.
Salient Features
The following offenses are punishable according to article 37 and 38 of UAE Trademark Law and will invite a fine of min AED 5,000 to max AED 10,000 or an imprisonment sentence of one year at least.
- Deliberately imitating or forging a registered trademark that sells original goods and services distinguished logo in a way that misleads the public
- Using or placing a trademark owned by a third party illegally and with bad intention
- Deliberately promoting, displaying or selling a product or service that is imitated, forged or illegally associated with a registered trademark
- Writing statements on commercial documents, deliberately propagating false impression of a registered product or service.
Articles to Take Note
Article 19
The period of protection through registration of trademark in UAE is 10 years which is renewable for another successive period of 10 years by applying before or during the last year of its validity.
Article 20
The Ministry can remove a registered trademark immediately after notifying the brand about the reasons for removal and giving a fair and equal chance of defense. The decision can be challenged within 30 days of notification
Benefits of Trademark Registration
Trademark registration is one of the most fundamental measures a company must incorporate before running its operation – especially when working in a foreign environment. It protects the interests of the firm and safeguards its design logo, identification material, corporate accessories, and equipment.
Here is why every business in UAE must go through trademark registration
Secures Duplicity
The trademark not only remains secure with ownership rights; a prompt action is taken against parties who duplicate content of conflicting trademarked property without prior consent of the concerned party. Any products that are imported or traded with infringed or duplicated trademarks are blocked from either entering the country or designated jurisdiction, giving the owners of the trademark customs security prevention against counterfeited goods. Similarly, Trademark law also works as a deterrent by criminalizing duplicity of intellectual property by offenders who offer copyrighted services against owner’s consent.
Elevates Brand Value
A trademark registered company cultivates a stronger business presence that accentuates its brand value. A registered trademark naturally creates a brand perception of authenticity and transparency among the brand’s consumers and competitors. The brand value that the firm enjoys is also enhanced and it can function efficiently without any of the legal hurdles that other non-registered companies encounter.
Brand Identity and Credibility
Businesses that opt for trademark registration not only boost their identity score but also ensure their credibility remains intact with time to come. All the emotional attributes and intellectual notion preserved in the brand design and logo remains unique through this Law – bringing forth a profound sense of reputation which allows the perceiver to distinguish the business solely. While the business benefits from exclusive entitlement, the consumer wins’ recognition, loyalty, and association.
This effectively communicates the company’s personality and product value through its content elements to potential customers, positively impacting the perceived value of the brand and gradually making it more prominent among consumers.
