UAE Trade Marks: An Overview

The UAE has always been a regional and international pioneer in business and innovation. A quintessential requirement for innovation is an environment that respects, protects and defends intellectual property (IP).

At the heart of IP law protection is the safeguarding of trade marks against counterfeiting and all other sources of infringement. Trade marks represent products in their totality, and they are valuable assets for connecting with consumers in a relationship built on trust and for enhancing a company’s economic growth. Trade marks are bonds of mutual loyalty. Consequently, Middle Eastern countries and GCC countries have been actively working on a global level to foster IP protection by collaborating with international organisations. Moreover, the UAE is working on the impact of modern technology on intellectual property rights in the era of the digital revolution. The UAE is developing a national IP strategy that aims to further encourage innovation and investment in different disciplines and fields, by enhancing the protection and enforcement of IP rights. It is exactly in an IP-friendly environment that innovation flourishes and new businesses thrive: from eco-conscious clothing brands to artificial intelligence, passing through the gaming industry along with high-tech products, and so on.

Every legal system shares aspects that are national and international, and IP law is no exception. IP laws are territorial, and therefore they apply within the given jurisdiction. Nevertheless, they are influenced by international treaties and instruments that regulate their relation to the state parties, organisations and the world. As a result of the UAE becoming a hub for global business, the UAE legal landscape is witnessing major developments pertaining to trade mark law. This article is an attempt to overview the trends and developments in the UAE’s trade mark protection framework.

The Trade Mark Regulatory Landscape in the UAE

UAE trade Mark law is up to date and in alignment with the best international practices and standards.

The Madrid Protocol

Starting 28 December 2021, the option to file trade marks internationally using the Madrid Protocol became available to all commercial entities in the UAE, which thus became the third GCC country to join the Madrid Protocol after Bahrain and Oman.

The UAE Trade Mark Law

Shortly after that, the UAE issued its own trade Mark law: Federal Trade Mark Law No 36 of 2021, which came into effect in January 2022. As opposed to the old trade Mark Law, which required separate applications for different classes of trade mark protection, the new UAE Federal Trade Mark Law has a multi-class system that makes it less costly for brand owners to register and renew their trade marks.

It is worth noting that the UAE is among the six signatories of the GCC Trade Mark Law published in 2013; however, this law cannot come into effect in a specific country until a national trade mark law with national implementing regulations has been adopted and entered into effect in that country.

While the GCC Trade Mark Law and the aforementioned UAE Trade Mark Law share many common provisions, many differences exist as well. Until now, the UAE has not adopted the GCC Trade Mark Law.

By becoming part of the Madrid Protocol, the UAE has access to many benefits, chief among which is that it provides the trade mark owner a one-stop solution enabling him or her simultaneous brand protection in multiple markets. The Madrid System helps trade mark owners to centrally and efficiently manage their brands, regardless of the size of the enterprise. The System enables the owner to enjoy trade mark protection in up to 124 territories. All it takes is to file a single international application and to pay a single set of fees, at the national or regional IP office of a Madrid System member.

Other international treaties

In terms of ratification of international IP treaties, the UAE has ratified multiple international IP treaties, including the Madrid Protocol for International Trademark Registration, the WIPO Convention, the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, and the Patent Cooperation Treaty, among others. These memberships assert the commitment of the UAE to the global IP standards and ensure further protection for IP rights.

UAE Courts in Trade Mark Cases

The UAE administrative and judicial systems are strict and thorough in treating cases of trade mark infringement and unfair competition practices. By setting up a stringent mechanism to deal with instances of IP infringement, the UAE has positioned itself as a preferred destination par excellence for investors and potential trade partners.

In a recent ruling, the UAE Court ruled in favour of Red Bull, the manufacturers of the energy drink, against a competitor that used a similar name and similar packaging, thus misleading the consumer while abusing the successful reputation and brand recognition of the rightful owner of the original “Red Bull” trade mark. The “Red Bull” case serves as a cautionary tale to significantly deter future attempts by an abusive competitor to take advantage of a successful product’s reputation, by misleading innocent consumers with similarities deliberately intended to create confusion in their minds. Trade mark infringement causes commercial and financial damage to the rightful trade mark owner, as well as to the misled consumer.

In a 2023 case, Dubai’s Court of Appeal sustained the Court of First Instance’s ruling in favour of the original owner of a famous tissue trade mark after proving an infringement on his rightfully owned and registered trade mark.

A trade mark is basically a form of identity badge that includes a design, a logo, a name, a symbol or any combination of these, that identifies the product or the service of a certain company. It is a unique way for costumers to recognise the brand and help them to distinguish it from competitors’ products in the marketplace. Trade mark law helps to protect this identity and keep it unique: it is the tool that provides legal protection for the brand and prevents others from using, misusing or abusing it.

Trade Mark Registration and Renewal Procedure

The Ministry of Economy is the competent authority to register and protect intellectual property in the UAE.

The Trademark Register is maintained by the Ministry of Economy. This register records all trademarks, the owners’ details and any subsequent changes thereof. Individuals as well as entities can access the registration process. It is possible for an applicant to register goods or services using a single application.

Trade marks in the UAE benefit from a protection of ten-year period starting on the application filing date. The trade mark renewal application must be submitted by the owner before the expiry date of the protection period.

Enforcement Measures

Among the multiple measures taken by the UAE to strengthen IP enforcement, the most important is the establishment of specialised IP courts in Dubai and Abu Dhabi, as well as the significant increase in penalties and fines for trade mark law violations.

The aim of these enforcement efforts remains always to protect the rights of IP owners by deterring violations, sending a strong and clear signal that there will be no impunity for IP crimes in the UAE.

WIPO’s Support to IP Projects in the UAE

During the visit of WIPO director General Daren Tang in February 2023 to the UAE, he declared WIPO’s support for implementing a National Comprehensive IP Strategy. Such strategy should be an integrated effort among relevant ministries, that will enhance the competitive position of the UAE as a destination of choice for global investors and corporations. Moreover, he announced that a project on IP finance will be supported by WIPO, to enable local businesses and entrepreneurs to use their IP to secure financing.

Per WIPO’s coverage of the visit: “Mr. Tang highlighted how that IP is no longer just a technical field of interest to a small group of specialists, but has become a powerful catalyst for jobs, investments, business growth and economic development in all parts of the world… ”

“Brand performance” or “brand behaviour” refers to the status of a brand and its interaction with the market’s fluctuations on different levels, creating its own identity, and as a result, how it affects its relationship with consumers, by increasing or decreasing aspects of attraction. The concept of “brand behaviour” is directly related to the measures that a company is putting in place in order to promote its product compared to other branding strategies. In a competitive market, such as the UAE, consumers can interact with different trade marks, designs and other forms of IP components in their daily life. However, the brand development process should be as efficient and consistent as possible, in order for the brand to be distinguishable enough from competitors. Brand development strategy has the potential to enhance a brand’s standing, strengthen the value of the trade mark, knowing that the economic development in the Arab world impacts IP protection.

To conclude, it is clear that the UAE system aims constantly to harmonise IP laws and regulations with the international requirements, in order to provide a solid level of brand protection in all jurisdictions. Simultaneously, it ensures a wide enforcement of IP rights by the establishment of common and unified guidelines across the board.

In light of all the quick-paced trends and developments currently going on in the UAE trade mark landscape, it is always worth mentioning that with time and implementation some new unforeseen issues can arise which may necessitate future reviews and possible amendments.

In recent decades, the UAE has proved itself to be a thriving regional and international hub for tourism, commerce and services, thus gaining further global influence. This remarkable economic shift, along with accession to international IP treaties and enforcement measures, strongly reflects the UAE's commitment to strengthening IP rights protection and fostering a conducive environment for business and innovation.