A further legislative step towards increasing IP protection in the UAE is enacting Federal Law No. 36 of 2021 governing trademarks. Major guidelines are established by UAE Trademark law for trademark owners in an environment that fosters innovation and creativity. It supports their objectives of becoming a sustainable, knowledge-based global leader in the economy and ensures the development and success of their enterprises. The UAE enacted the executive rule to kick off the following 50 years of prosperity. It is planned to provide thorough protection for inventions in general and trademarks in particular and boost investors’ faith in the sophisticated legal system that governs the UAE’s economic sector, following worldwide best practices.
AIM OF EXECUTIVE REGULATIONS ON TRADEMARK IN THE UAE
The Executive regulations on trademarks in the UAE seeks to:
- Prevent all types of fraud or infringement
- Improve the standard of goods sold in the UAE market, and
- Increase the attraction of the UAE economy in the eyes of top worldwide brands and corporations.
- Strengthen Emirati brands’ ability to contribute more significantly to the country’s GDP development by fostering their growth and ensuring international competitiveness.
- In addition, given the sophisticated technology used to create business trademarks, it enables more adaptability to consider new types of trademarks and offers them legal protection.
- It demonstrates the willingness of the UAE to keep up with trends in the industry internationally and solidify its place as one of the nations with cutting-edge, creative trademark protection.
OBJECTIVES OF EXECUTIVE REGULATIONS ON TRADEMARK IN THE UAE
The Executive Regulations will aid in making the nation’s markets more competitive and foster an atmosphere that encourages innovative ideas and their adaptable and long-term implementation. Along with strengthening the nation’s position as a leader and making it more attractive for investment in the creative economy, it also plays a crucial part in advancing the UAE’s ambitious plan to attract the brightest minds to various vital industries.
KEY FEATURES OF EXECUTIVE REGULATIONS ON TRADEMARK IN THE UAE: AN OVERVIEW
- Applicability
The Executive regulations on Trademark in the UAE applies to a sizable segment of society, including:
- foreign investors and business owners,
- domestic business owners and project owners,
- licensed registration agents,
- attorneys and other legal service Firms, and
- Anyone else interested in trademark protection, registration, or infringement prevention.
- Additionally, it is intended for designers, gifted investors across all industries, concerning state and local government organizations, and nonprofit groups.
- New Classifications of Trademark
The rule introduces new classifications for innovative trademarks, most notably holographic technologies, smells, and sounds.
- Trademark Registration and its renewal
The Executive Regulations on Trademark in the UAE make the following points clear concerning requests for trademark registration:
- Applicants may submit several applications for the same license for persons and businesses and a single application for different categories.
- Deposit, publishing, and registration costs are doubled depending on the number of categories requested, with no upper limit for mandatory classes.
- Extends the three-month renewal term with a punishment of AED 1,500 to six months.
- Allows for a six-month protection term renewal with a fee of AED 1,000.
- The protection term cannot be extended after six months, and the deposit must be repaid.
- Suppose the Objections Committee upholds any complaint made against it. In that case, the regulation will assure that trademark registration processes do not be put on hold while keeping the highest principles of openness and fairness.
- Penalty for trademark infringement
The New Executive Regulations on Trademark in the UAE increase the penalty up to AED One Million to prevent trademark infringement.
- The time limit for the issuance of the inspection result
- The Executive Regulations set a 90-day limit on when the inspection results must be made public before deciding whether to temporarily approve, deny, or suspend the Trademark.
- Additionally, it specifies that payment must be paid within 30 days of the date the trademark application was accepted for publication or final registration. If this deadline is missed, penalties will be assessed.
- Filing of Trademark Cancellation request
Article 24 of the Executive Regulations on Trademark in the UAE permits filing a request for the cancellation of a Trademark.
- Provision relating to Protection of Geographical Indication
The Executive Regulations on Trademark in the UAE explains and adds a provision to safeguard geographic indications not specified in the legislation. It mentioned that after providing the geographic indicator’s registration certificate from the source nation, the trademark holder might apply for protection of the geographic indication outside of the country.
- International Filing of Trademark
- One must first register their brands in the UAE before applying for international brand registration.
- Only trademarks registered in the UAE are given protection under the law in the nation. Anyone who wants their brand to be protected internationally must register by applying in compliance with the Madrid Protocol or, if the country they want to protect it in is not a signatory of the agreement, by using directly to that nation.
For more information about the recently passed Executive Regulations on Trademarks in the UAE and UAE Trademark Law, please don’t hesitate to contact Intellectual Property Lawyers at Notary public Dubai.
