FAQ

1) Can a part of the registered mark be used Separately?

No, protection of the mark is granted to the shape in which it is registered.

2) How can we obtain the maximum protection in a particular class?

Filing a trademark claiming the class heading in addition to specifying other items of the applicant’s interest in the application will provide the broadest protection.

3) Do the charges differ based on the number of items included in the list of goods/services?

No.

4) Is filing a multiclass application possible in UAE?

No. Separate application should be filed for each class.

5) Is it possible to claim priority in UAE under the Paris convention?

Yes, within six months of the filing date of the priority application.

6) Is it necessary to legalize the Power of Attorney?
Yes. The Power of Attorney should be legalized up to the UAE consulate in the applicant’s country.

7) What are the two types of attestation of Power of Attorney?
The legalized Power of attorney should further be locally attested here in UAE by the Ministry of foreign affairs before submitting to the trademark office. The charges for attestation vary according to the amount charged by the UAE consulate in the applicant’s country. If the UAE consulate in the applicant’s country charges the applicant with USD 600 for legalization, then here in UAE the ministry of foreign affairs will   charge us with USD 75   and vice versa.

8) What is the alternative, if there is no UAE consulate in the applicant’s country?
If there is no UAE consulate in the applicant’s country, then the Power of Attorney can be legalized up to the consulate of any other Arab Country (e.g. Saudi Arabia). In this case, we will send this power of attorney to Saudi Arabia to get is super legalized by the Ministry of foreign affairs of Saudi Arabia.

Later, upon receipt of this power of attorney, we will get it legalized by the Saudi Arabian consulate in UAE and then arrange for the local attestation by UAE Ministry of Foreign Affairs which is obligatory in order to complete the full legalization requirements of the Trademark office.

9) Late submission of documents is possible in UAE?

Late submission of the power of attorney is no longer possible in UAE. The original legalized power of attorney should be submitted along with the trademark applications. However, the original certified copy of the priority document can still be submitted later with the late submission charges of USD 65.00 per document.

10) Is it necessary to legalize the Priority document?

No. A certified copy is sufficient.

11) Can bar services & night club services be registered in the United Arab Emirates?

No. Bar & night club services in class 43 are not applicable in the UAE.

12) Is class 33 (Alcoholic drinks) applicable in UAE?

Class 33 is not applicable according to the Law. However, class 32 for non-alcoholic drinks can be the alternative option.

13) Is it possible to register a mark for Pork meat in UAE?

No. Pork meet is not allowed to be registered

14) Can Retail & Wholesale services be registered in UAE?
No. such services can be replaced by using the phrase “the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods namely …… (name of goods) ………
15) Is it possible to file a Trademark with the Geographical indication?

Yes, however, the applicant should submit evidence proving the relationship between this specific Geographical location and the origin of goods or applicant.
Moreover, in most cases the Registrar will request a disclaimer to the GI if used separately and the protection will be granted to the mark as a whole.

16) Will the protection in UAE extends to the seven Emirates?
Yes. United Arab Emirates is a union of seven Emirates and filing a trademark application will cover all these seven Emirates namely Abu Dhabi, Dubai, Sharjah, Ajman, Umu-Al-Quwain, Fujairah & Ras-Alkhaimah.
17) Is Prior Use of a Mark compulsory in UAE?
No.
18) Can a third party file a cancellation action on the basis of Non use of the mark?

Yes. as per the UAE Law, a concerned civil court shall, on a request from any interested party, may order the cancellation of Trademark registration if it is proven that the trademark has not been seriously used for five consecutive years unless the owner of the trademark proves that non-use was for reasons beyond his control such Import restrictions and other governmental procedures that are imposed of goods and services distinguished by the Trademark..

19) Did UAE adopt the nice classification; if yes, which edition?

Yes. 10th Edition of Nice classification.

20) Applicant’s details (Name & Address) mentioned in the Power of attorney should match to the details mentioned in the Application?

The details that are mentioned in the Power of attorney should conform to the details mentioned in the application.

21) Can series of marks be filed in UAE?

Yes. A series of mark can be filed in UAE as a normal trademark at the same charges.

22) Is it possible to file a single application covering all the GCC countries including UAE?

Not possible. A separate national application should be filed for each country.

23) Is Joint applicants possible in UAE?

Yes, It is possible provided that the Power of Attorney is signed by all applicants, notarized and legalized up to the UAE Consulate.

24) Is it possible to amend a filed/registered trademark?

Yes.

25) Is it possible to file a slogan in UAE?

Yes. Slogan can be filed and treated as a trademark.

26) Is Trademark Marking compulsory in UAE

No.

27) When can we use “™” & “®” with the trademark? Can it be registered with trademark?

TM can only be used when the mark is under the process of registration after filing whereas ® can be used for registered marks and the final registration certificate is issued. No, the marking should not be included in the application.

28) What is the validity of the trademark registration?

10 years; subject for renewal upon expiry.

29) What is the expected timeframe for filing a trademark up to registration?

12 to 18 months.

30) What is the duration of each process (filing, publication & registration)

Upon receiving the instructions, we can file the application (s) within a maximum of 48 hours. The examination by the Trademark Office might occur within 4 to 8 months depending on the backlog at the trademark office and upon receiving the notice of acceptance, we have 30 days to publish the application. Once published, the opposition period ends after thirty days. Finally, the application is ready to be registered and the registration certificate might take two to three months to be issued.

31) Translation / Transliteration of a mark can be registered together?

Yes. It can be registered provided that both marks are used together; otherwise, it is compulsory to file two separate applications.

32) If an application is refused what actions are issued by the Registrar?

An appeal should be filed against the registrar decision within the non-extendible deadline (30 days), otherwise, the application will be cancelled at the Trademark Office automatically.

33) What is the usual deadline for responding to Official Actions?

The deadline for responding to the official action (primary examination notice) is 100 days.

34) Are extensions possible?

Yes, it is extendible.

35) What is the usual time frame of an extension?

The extension of the deadline for the office action is 100 days.

36) Can a letter of consent overcome an objection on relative grounds?

Usually the examiner accepts the letter of consent, however, the same should be legalized up to the UAE Consulate.

37) Are there any restoration provisions?

Restoration of the cancelled mark is not acceptable; but it is possible to re-file the mark.

 

 

 

 

 

 

Address:

Gulf Towers, Entrance A2, 7th Floor, Oud Metha Road, Bur Dubai, Dubai

P.O. Box: 1991, Dubai, United Arab Emirates
Telephone: 00971(4)3966663
Fax: 00971(4)3966662
Email: uae@agip.com
Contact: Amjad El-Husseini (Mr)

power_of_attorney

Download your copyrights power of attorney

Download

key_laws