Trademark law is a hot topic right now in the UAE – find out below about the latest changes in the practice of the Trademark Office with a focus on international registrations.
International registrations under the Madrid system and the United Arab Emirates
Goods and services refused – under the new law, trademark applications claiming protection for Class 33 products are still not accepted in the UAE and international registrations will be treated the same. Therefore, IRs designating the UAE for generally refused goods such as alcoholic beverages will be rejected when examined in the UAE.
Objections – the local Trade Mark Office (“TMO”) will republish international registrations for opposition in the local Trade Mark Journal, once accepted.
Provisional refusals and local representation – TMO officials said it would depend on the nature of the denial: if minor changes are needed and the response is simple, no representation will be required; for more complicated issues and objections, local representation will be needed and a power of attorney will be required under the usual conditions (notarization, legalization if the applicant is outside the UAE).
Updates regarding trademark filings in the UAE
Multi-class repositories – these are now possible since the new trademark law came into force on January 2, 2022, but the online filing system still needs to be updated. This is likely to happen very soon and the TMO has confirmed that multi-class filings will be treated the same as single classes and if a class is refused the accepted class may be split and proceed to registration.
Publication in local newspapers – it has already been stopped; therefore a slight reduction in application fees is also to be noted!
Proxy – for now and until further notice, it is possible to file a trademark application with a document that is simply signed and translated.
This is a rapidly evolving field, and we’d be happy to help you along the way!