Who has the right to register a trademark in the UAE?
Who has the right to apply for trademark registration in the UAE? Trademarks play a crucial role in differentiating goods, as they represent the distinctive identity of the products or services they represent. Without distinct brands for each product or service, consumers will find it difficult to differentiate between them and choose what suits them best. Therefore, companies take great precautions when choosing brands. To ensure that their products or services are distinct and not similar to the products or services of other companies, companies may improve and design their products or services according to market needs and customer expectations.
According to the UAE Trademark Law, specifically Federal Law No. (36) of 2021 and Executive Regulation No. (57) of 2022, a trademark includes various forms, including names, words, signatures, letters, symbols, numbers, titles, seals, drawings, and images. Writings, packaging, pictorial elements, shapes, colours, color combinations or their combinations, in addition to sound marks or olfactory marks.
Article 6 of the UAE Trademarks Law states that every natural person (individual) or legal entity (institution) has the right to register its trademark in the UAE. Article Seven stipulates that applications for trademark registration in the United Arab Emirates must be submitted to the Ministry of Economy in accordance with the conditions, regulations and procedures specified in the Trademark Law and its executive regulations.
A trademark extends to anything that has a distinctive character, whether names, words, signatures, letters, numbers, drawings, symbols, titles, seals, designs, writings, any advertising, packaging or any other mark or combination thereof if used or intended. Using it to distinguish between goods, products or services and to indicate its affiliation with the owner of the trademark, whether through manufacturing, selection, circulation, or offering it for sale. The entity that registers its trademark becomes its exclusive owner and reserves the sole right to use the mark. No other party may use the mark without obtaining a license from its owner. The decisive factor in determining the preference in using a trade name or trademark lies in the actual use of this name or trademark.
In conclusion, Al Dhaheri International Lawyers & Law Consultants, as prominent lawyers in Dubai and a distinguished Dubai law firm, plays a crucial role in helping businesses and individuals navigate the complexities of trademark registration in the UAE. Their trademark expertise and knowledge of UAE trademark law, as highlighted in the article, makes them a valuable resource for those seeking to protect their trademarks and intellectual property in the dynamic business environment of Dubai and the UAE.
Written by Senior Legal Counsel – Mr. Islam Adam
