Eligibility For Trademark In The UAE

Trademarks hold a crucial role in the differentiation of goods, serving as the distinctive identity of the products or services they represent. Without distinct trademarks for each product or service, consumers would struggle to discern and choose among them. Consequently, companies exercise great care when selecting trademarks. To ensure their products or services stand apart and do not resemble those of other companies, businesses may enhance and tailor their offerings in response to market demands, meeting the expectations of their customers. In accordance with the UAE Trademarks Law, specifically Federal Decree-Law No. (36) of 2021 and Executive Regulation No. (57) of 2022, a trademark encompasses various forms, including names, words, signatures, letters, symbols, numbers, addresses, seals, drawings, images, inscriptions, packaging, figurative elements, shapes, colors, color combinations, or any amalgamation thereof. Additionally, it extends to encompass audible or olfactory trademarks. Article 6 of the UAE Trademark Law establishes that both natural persons (individuals) and legal entities (business establishments) have the right to register their trademarks within the UAE. Article VII further specifies that applications for trademark registration within the UAE must be submitted to the Ministry of Economy, adhering to the conditions, regulations, and procedures outlined in the Trademarks Law and its accompanying executive regulations. A trademark encompasses anything that possesses a distinctive quality, be it names, words, signatures, letters, numbers, drawings, symbols, addresses, seals, designs, inscriptions, advertisements, packaging, or any other form of identification or a combination thereof, if employed or intended for use in distinguishing between goods, products, or services to signify their association with the trademark owner, whether through manufacturing, selection, trading, or offering for sale. The entity that successfully registers a trademark becomes its exclusive owner and retains the sole right to utilize the mark. No other party may use the mark without obtaining a license from the rightful owner. The pivotal factor in establishing priority in the usage of a trade name or trademark lies in the actual use of said name or mark.

In conclusion, Al Dhaheri International Advocates & Legal Consultants, as prominent lawyers in Dubai and a distinguished law firm in Dubai, play a crucial role in assisting businesses and individuals navigate the complexities of trademark registration in the UAE. Their expertise in the field of trademarks and their knowledge of UAE Trademarks Law, as highlighted in the article, make them a valuable resource for those seeking to protect their brands and intellectual property in the dynamic business environment of Dubai and the United Arab Emirates.

by – Islam Adam