
FAQFrequently Asked Questions- Intellectual Property Laws
1. What constitutes a trademark in the UAE?
A trademark under UAE law (e.g., Federal Decree Law No. (36) of 2021 on Trademarks) is any distinguished form names, words, signatures, letters, figures, graphics, logos, packaging, or any other mark or combination of marks used (or intended to be used) to distinguish goods or services of one entity from another.
2. Do I have to register a trademark in the UAE for protection?
While use of a mark can give some rights, registration is strongly recommended. Registration with the Ministry of Economy (UAE) provides a presumption of ownership and is the main basis for enforcement.
3. What is the term of protection for a registered trademark in the UAE, and how is it renewed?
Once registered, a trademark is protected for 10 years from the filing date and can be renewed indefinitely in subsequent 10-year periods, subject to payment of renewal fees and compliance.
4. What is the timeline and basic process for trademark registration in the UAE?
In the UAE, one applies via the Ministry of Economy’s portal (including via registered agent if foreign owner) and after examination, publication, etc., a decision must be taken within about 90 days.
5. What about trademark registration across the GCC and how does it differ?
The Gulf Cooperation Council (GCC) approved a new regional Trademark Law in 2019, but each member state still has its national system and differing implementation. So, while your UAE registration covers the UAE, it does not automatically cover other GCC states.
6. What are common absolute and relative grounds for refusal of a trademark in India?
Under the Trademarks Act, 1999 (India), absolute grounds (e.g., mark lacks distinctiveness, is descriptive) are set out in Section 9, and relative grounds (e.g., conflict with an earlier mark) in Section 11.
7. What does registration confer on a trademark owner in India?
Registration provides the owner with the exclusive right to use the mark in relation to the goods/services for which it is registered and enables effective action against infringement.