The United Arab Emirates has been a member of the Paris Convention for the Protection of Industrial Property since 19 September 1996, and follows the Nice International Classification of Goods (10th edition). Federal Law No. 8 of 2002 amended several provisions of Federal Law No. 37 of 1992; the law covers all seven emirates — Abu Dhabi, Dubai, Sharjah, Fujairah, Ras Al Khaimah, Umm Al Quwain and Ajman.
Once a trademark application is filed, it is examined for registrability. Applications accepted by the Registrar are published in the Trademark Gazette and in two local English-language newspapers, with the advertisement clippings submitted to the Trademark Office. Any interested party may oppose the registration within 30 days of publication. The Registrar's decision on an opposition may be appealed before the competent committee, whose decision may in turn be challenged before the competent court. If no opposition is filed, the trademark is registered and the registration certificate is issued.
Under Ministerial Decree No. 12 of 2002 issued by the Ministry of Commerce on 3 February 2002, registration fees must be paid within 30 days of the expiry of the opposition period, or of receipt of the Trademark Office's decision on any opposition. Accordingly, registration fees are invoiced at the filing stage to cover the fees required by the Trademark Office.
Registration protects a trademark for 10 years from the filing date, renewable for equal periods. Renewal fees may be paid during the final year of protection, and a three-month grace period is granted for late renewal against a fine. Renewals are published in the Trademark Gazette and in two local Arabic-language newspapers.
A registered trademark may be assigned with or without the business. Unless the assignment is recorded in the Trademark Register and published in the Trademark Gazette, it has no effect against third parties. To preserve rights, changes to the owner's name and/or address must also be recorded. The following may likewise be recorded: registered-user agreements, licences, amendments that do not affect the essence of the mark, and restrictions to the list of goods and/or services covered.
Use of a trademark is not mandatory for filing or for maintaining the registration. However, any person may petition the competent court to cancel a registration if the owner has not used the mark in the UAE for five consecutive years from the date of registration.
The following are criminal offences punishable by law: unlawful or unauthorised use of a registered trademark by third parties; use of a counterfeit or forged mark on goods or in connection with services; filing in bad faith for a mark belonging to another; dealing in goods bearing a counterfeit or forged mark, or providing services under one; and use of marks that are unregistrable or restricted.
Trademark/Service Mark/ Collective Mark Applications
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