Requirements

UAE Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   Yes
Is it better to register a 3D Design or an industrial design?   3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 years
Are there any annuity fees to pay?   Yes annually

UAE Design Process

Design Registration: 

  • The registration process takes 18-24 months to be completed.
  • Registration of a design in the UAE covers the seven Emirates of Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain.
  • An applicant cannot choose to register in one of the emirates only.
  • A single application could be filed for 1 to 20 designs as long as they are in the same class.
  • The application will be examined formally and substantively by the IDO within a period of 6-12 months. After the end of the examination period, the IDO will issue a decision to either:
    • Amend the application, the applicant has 90 days to amend the application as requested, otherwise the application will be considered withdrawn.
    • Accept the application, the publication fees should be settled within 60 days from the official notification date to publish the design in the official gazette.
    • Reject the application, you may appeal the decision within a period of 60 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the design application within 60 days from the date of publication.
  • The design's registration is valid for 10 Gregorian years, starting from the filing date, and is non-renewable.

Design Renewal: 

  • NA – Nonrenewable

Design Annuities: 

  • Annuities are due for settlement on the anniversary of the filing date of every year until the end of the 10 years protection period.
  • An annual fee shall be paid by the beginning of each year starting from the year following the date of filing the application.
  • A 3 month grace period is given to the applicant to settle the annuity fee, not subject to any late penalty fees.
  • If the applicant fails to settle the annuity fee within the first grace period, another 3 months grace period will be given to settle the annuity fee, however is subject to late penalty fee.  
  • If the applicant failed to settle the annuity fees within grace periods, the applicant can revive the application after settlement of prescribed fees.

UAE Design Requirements

Design Registration:

  • Name of the design.
  • Design Drawings from all different angles.
  • Description of the design.
  • Applicant’s information (name, address, and nationality).
  • Designer’s Information (name, address, and nationality).
  • List of goods according to Locarno Classification.
  • Power of Attorney (POA): Original should be notarized and legalized at the UAE embassy and subsequently locally legalized and submitted at filing.
  • Deed of Assignment (DOA) if the applicant is not the designer: Original should be legalized at the UAE embassy and submitted at filing.
  • A copy of the commercial certificate or memorandum of incorporation translated to Arabic should be legalized at the UAE embassy and submitted at filing.
  • A certified copy of the priority document translated to Arabic in case claimed.

UAE Patents FAQ

Q: Which law does the country implement relating to patents?

A: Federal Law No. 31 of 2006 Pertaining to the Industrial Regulation and Protection of Patents, Industrial Drawings, and Designs

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is your country a member of the GCC Patent Cooperation Treaty? 

A: Yes

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Plant varieties, animal species, or biological methods of producing plants or animals; Exceptions shall be allowed for the microbiological methods and their products
  • Diagnostic methods, treatments, and surgical operations needed for humans and animals
  • Scientific and Mathematical principles, discoveries and methods
  • Guides, rules or methods followed to conduct business or perform mental activities or play games.
  • Invention that may lead to violation of the public order or morals

Q: If a worker invented a patent, can he register the patent in his name?

A: Article 9 stipulates that:

  1. If the invention was discovered in the course of employment or other contractual work for hire, the employer will be the owner of the intellectual property rights, unless otherwise provided for in the agreement.
  2. If the invention is of an economic value surpassing the two parties’ presumptions on signing the contract, the inventor is entitled to an additional compensation determined by the court unless otherwise agreed upon by the parties.
  3. If an employee whose employment agreement does not include inventive activities should discover an invention related to the employer’s activity,           utilizing the employer’s experiences, documents, and other basic facilities of the employer that are available for the employee, the right to this invention will be vested with the inventor/employee four months from the date of submitting the report mentioned hereinbefore in paragraph (4) of this article to the employer in respect of the invention, or as of any date in which the employer learned about the invention achievement in any manner thereof, and whereof the employer did not express his intention for acquiring such through a written notice.
  4. The inventor employee should notify the employer immediately about his invention through a written report.
  5. If the employer expresses his intention to acquire the invention within the period prescribed in paragraph (3) of the Article herein, he shall be entitled to the rights ensuing from the invention as from the date of discovery of the invention and the inventor employee shall be entitled to fair compensation in which his salary, the economic value of the invention and the benefits that the employer shall gain through the invention shall be taken into consideration , the court shall determine the compensation if the parties do not agree to the compensation .
  6. Any agreement providing less advantage for the employee than that provided for by this article shall be deemed null and void.

Q: Can the applicant amend an application under process?

A: The applicant may introduce the amendments he deems fit to his application if such amendments shall not constitute a substantive modification to the contents of the original application prior to issuance of acceptance decision.

Q: Can the applicant withdraw the application at any time?

A: The applicant may withdraw his application at any time unless it has been finally decided upon. However, such withdrawal shall not give the right to recover the fees paid or any other expense.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in UAE within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

 

UAE Patents Process

Patent Registration: 

  • The patent registration process takes 4-5 years.
  • After filing the application, the application is put on hold for 3 months until all required documents and information are fulfilled.
  • After 3 months from the filing date, the application will be formally examined to check if all the required documents were submitted and will issue a decision of:
    • Incomplete formalities: the Examiner will give the applicant 90 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn.
    • Complete formalities: the Examiner will give the applicant 90 days from the official notification date to settle the substantive examination fees; otherwise the application will be lapse.
  • Once the application is substantively examined, the Examiner will issue a decision of:
    • Reject the application: if the requirements were not met or the patent is non-registrable, the applicant has 60 days from the official notification date to appeal the decision before the Appeal Committee.
    • Accept the application: the applicant has to settle the publication and registration fees to publish the application in the official gazette within 60 days from the official notification date; otherwise the application will lapse
  • Any interested third party can oppose the said application within 60 days from the date of publication.
  • If the application passes the publication period successfully, the certificate of registration will be issued.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • Annuities should be settled prior to the anniversary of the filing date of a national application or a PCT international application until the termination of the patent protection duration. For example: if the patent was filed on 30 January, then the annuity should be settled every year prior to 30 January.
  • The applicant should settle the annuity starting from the second year of filing the national application according to Paris Convention.
  • A 3 months grace period is granted to settle the annuities without late penalty fees. However, an additional 3 months grace period is granted subject to late penalty fees if the applicant fails to settle the annuity within the first grace period.

 

UAE Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract in English and Arabic language should be submitted upon filing.
  • Patent claims in English and Arabic language should be submitted upon filing.
  • Patent Specifications in English should be submitted upon filing.
  • Patent Specifications in Arabic should be submitted within 90 days from filing date.
  • Certified copy of the priority document translated to Arabic should be submitted within 90 days from filing date.
  • Power of Attorney (POA): Original should be notarized and legalized at the Emirati embassy and submitted within 90 days from filing date.
  • Certified copy of the certificate of incorporation or an extract from the commercial registry legalized at the Emirati embassy if the applicant is a company or a copy of the applicant’s passport if the applicant is an individual, submitted within 90 days from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at the Emirati embassy, and submitted within 90 days from filing date.

UAE Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Federal Law No. 37 of 1992 on Trademarks (as amended by Law No. 19 of 2000 and Law No. 8 of 2002)

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No       

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 10th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Electronically

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

UAE Trademarks Process

Trademark Registration: 

  • The registration process takes 5-6 months to be completed.
  • Registration of a mark in the UAE covers the seven Emirates of Abu-Dhabi, Dubai, Sharjah, Ras Al-Khaimah, Ajman, Fujairah and Umm Al-Quwain.
  • An applicant cannot choose to register in one of the emirates only.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period up to 6 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled within 30 days from the official notification date to publish the mark in the official gazette and two private newspapers, otherwise late penalty fees will be applied per month.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 30 days from the date of publication. The applicant has 30 days from the official notification date to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The applicant has 30 days from the end of publication period date to settle the registration fees, otherwise late penalty fees will be applied per month.
  • The certificate of registration will be issued within 1 working day from the date of settlement of registration fees.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes around 3 months to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 3 months grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees.
  • If the agent filing the renewal is not the agent of record, a change of agent should be filed to ensure formality requirements are met.
  • Upon Recordal of the agent, the renewal application should be filed at the TMO and the official renewal and publication fees should be settled at filing.
  • After the TMO examines the application for formalities and issue its acceptance decision, the renewal will then be published in the official gazette and two private newspapers for 30 days for informative purposes only; No one can oppose the said publication.
  • The renewal certificate will be issued following the end of publication period.
  • The trademark renewal is valid for another 10 Gregorian years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 3 months to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • Upon Recordal of the agent, the change application should be filed at the TMO and the official change and publication fees should be settled at filing.
  • After the TMO examines the application for formalities and issue its acceptance decision, the change will then be published in the official gazette and two private newspapers for 30 days for informative purposes only; No one can oppose the said publication.
  • The change certificate will be issued following the end of publication period.

Trademark Assignment: 

  • The recordal of assignment process takes 3 months to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • Upon Recordal of the agent, the assignment application should be filed at the TMO and the official renewal and publication fees should be settled at filing.
  • After the TMO examines the application for formalities and issue its acceptance decision, the assignment will then be published in the official gazette and two private newspapers for 30 days for informative purposes only; No one can oppose the said publication.
  • The assignment certificate will be issued following the end of publication period.

UAE Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the UAE embassy and subsequently locally legalized and submitted at filing.
  • A certified copy of the priority document translated to Arabic within 60 days of filing in case claimed.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the UAE embassy and subsequently locally legalized and submitted at filing.
  • A high resolution colored copy of the trademark registration certificate.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications.
  • A document proving the change of name and/or address translated to Arabic notarized and legalized at the UAE embassy and subsequently locally legalized and submitted at filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the UAE embassy and subsequently locally legalized and submitted at filing.
  • A high resolution colored copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications.
  • An assignment document translated to Arabic translated to Arabic notarized and legalized at the UAE embassy and subsequently locally legalized and submitted at filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the UAE embassy locally legalized and submitted at filing.
  • A high resolution colored copy of the trademark registration certificate.

 

West Bank Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

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