Securing a registered trademark protects your brand and provides you with the tools to prevent someone from using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business. Thus, in this article, we will highlight the process and fees to register your trademark in UAE, Qatar, and Saudi Arabia.

UAE

• Submit the application form via the Ministry of Economy’s website: www.economy.ae
• The request is referred to the relevant department for consideration and the applicant is officially notified of the decision within 30 days from the date of submitting the application.
• Upon accepting the application, the applicant publishes an announcement in two local Arabic newspapers – at his expense – for a period of one day.
• A publication will be made in the trademarks bulletin that is issued at the end of each month.
• An objection period of 30 days from the last announcement of the trademark is allowed.
• The trademark must be registered within 30 days after the objection period has lapsed.
• After the registration period ends, delay fines are imposed as follows:

• Fees for delayed payment of trademark publication fees: AED 100, at a maximum of AED 1000 annually; with part of a month being calculated in full.
• Fees for delayed payment of trademark registration fees: AED 1000, at a maximum of AED 10000 annually; with part of a month being calculated in full.

Required documents

• Trade license
• Power of Attorney

Fees:

Registration fees are equal to 5,000 AED.

Application fees are equal to 750 AED.

Publishing fees are equal to 750 AED.

Qatar

In order to register your trademark in Qatar you should abide by the following steps:

1. Fill out the trademark registration application and submit it to the Registration and Commercial Licenses Department at the Ministry of Commerce and Industry through an Intellectual Property agent.
2. The Trademark shall be printed out on the form using a compact and clear color, in addition to the first and last name of the applicant, his profession, nationality, and address.
3. Identifying the goods and products that the trademark covers, as well as their category/categories.
4. 4. Identifying the entity that will use the trademark.
5. Identifying the address in Qatar for correspondence and signing the application.
6. Paying QAR 1000 in fees.
7. A priority application submitted in another state within 6 months from the date of submitting the prior application may be admitted, and you shall submit a copy authenticated by the competent authority of that state.
8. The application will be examined. If it is accepted, the trademark will be published.
9. If the application is rejected, or if you have been requested to introduce amendments within one month from the date of submitting the application, the response shall be submitted within 6 months. Otherwise, the application shall be deemed null and void.
10. The applicant may file a complaint after his application is rejected within two months from the date of this decision before the committee. In addition, an appeal may be filed concerning the decision of the committee within two months before the competent civil court.
11. When the trademark is accepted, or a decision by the committee or an enforceable judgment is issued in favor of the applicant, the office shall publish the trademark in the Industrial Property Gazette which is issued regularly.
12. Any concerned person may submit an opposition to the office within four months from the publication date to reject the registration of the trademark.
13. The office shall notify the owner of the trademark of the submission of an opposition within two months. If the owner of the trademark fails to reply within two months, he is considered to have waived his right.
14. The office may hear both parties or their attorney or one of them before making decisions.
15. Any concerned person may appeal the decision of the office by submitting an opposition to the competent civil court within 60 days from its notification of the decision.
16. All correspondences shall be registered.
17. If no opposition is submitted, or if one is submitted and rejected, or a final judgment of acceptance was issued; the office shall register the trademark with effect from the date of submitting the application and publish the registration in the Gazette.
18. The owner of the trademark may, after registration, submit an application to amend it, but no key amendments shall be introduced. If these amendments are accepted after examination, the publication procedures shall be taken while the applicant will have the opportunity to file a complaint and opposition if the amendments are rejected.
19. The term of protection is 10 years starting from the date of registration. This term may be renewed for other similar terms if renewal is requested during the last year of the protection term, and fees shall be paid for every new application.
20. No amendment may be introduced to the trademark after its renewal.
21. After the expiry of the protection term, within 6 months, an application for renewal may be submitted after payment of the prescribed fee and additional fees.
22. Third parties may register the same trademark for the same goods if the trademark was not renewed three years after its expiry.

KSA

What are the necessary documents?

– Attach the translation of the trademark with a statement of how to pronounce foreign terms from a certified translator’s office

– Attach the meaning of the Arabic word if the word is not understood by the public

– Attach a certificate of conformity of the domain owner (.com) in the case of the photo containing a domain name.

– Attach authentic documents for the validity of the said date if the trademark contains a calendar or Hijri date.

– If the sign is submitted in advance within six months in another country, attach a certificate of deposit indicating the date of deposit issued by the depositary with a copy of the previous application and a translation into Arabic within six months from the date of submission of the registration application

– Attach proof of entitlement to the degree referred to in the form of the trademark to be registered.

– The consent of the owner of the name/photo/title/apparent in the form of the trademark to be registered.

– Attachment of identity papers in case of family name (Commercial Registry – National Identity)

– Attach the certificate of registration of the trademark in case the trademark is finished, the renewal period exceeds, and the owner wishes to register it on a different or modified commercial record.

What are the steps:

1. Accessing the Authority’s website, selecting services, and pressing the trademark service.

2. Access to the trademark portal.

3- Moving to the service platform through the unified national access/e-mail.

Request the registration of a new mark (as an owner as a stakeholder or as an owner of the enterprise or as a company).

5. Filling the required Data.

6. An invoice shall be issued to study the trademark and, if paid, the application shall be received and examined.

After consideration, one of the following decisions is taken:

– Acceptance is subject to an amendment (90-day time limit), and if the applicant fails to make the required amendment within 90 days, the application shall be transferred to a waiver.

– refusal with the possibility of modification (10 days time limit for amendment).

– Final refusal in either case:

• If the adjustment is not made within the specified time limit (10 days).

• If the amendment is made by the customer and does not meet the required statutory requirements.

8. If the trademark is accepted, the publication invoice shall be issued and then moved to the publishing stage after payment of the outstanding fees by the applicant.

9- Publishing (publishing duration 60 days).

After the end of the deployment phase without any objection submitted, the client must pay the final invoice within 30 days of its issuance, and then print the certificate through the system.

Fees:

For further assistance please contact Al Safar & Partners on +97144221944 – email reception@alsafarpartners.com – www.alsafarpartners.com http://dubailawyers.ae

Written By: 

Ms. Luminita Rizescu – Partner & Specialized in Retail Law, Commercial and Rental Disputes, Will drafting.

Dubai is back and fashion is back: insights into the legalities of the industry.

Fashion is back in Dubai and all the talented designers are blooming. And we’re not talking only about abayas, hijabs and kaftans or only about big European brands. Fashion in Dubai now goes beyond that, attracting both haute couture and prêt-à-porter.

Haute couture and retail brands are increasingly being sold online however most ladies still want to touch and try the outfits. It’s a matter of feeling the fabric – when we talk about silk, cashmere, jacquard, wool or lace, they have to meet the certain demands.

“Before registration of the trademark we need to run a comprehensive search that covers all federal trademark registrations, business names, domain names, social media accounts and websites“

Luminita Rizescu is a European lawyer and partner in Al Safar and Partners Advocates and Legal Consultants,

Our law firm is well known and our team has some of the pioneers in the industry for trademark registration. We have worked with some of the biggest European, American and Asian brands in UAE. If you are a member of fashion industry it is vitally important to understand the different types of intellectual property protection in order to protect your business and this is what makes the difference sometimes between success and failure.

Before registration of the trademark we need to run a comprehensive search that covers all federal trademark registrations, business names, domain names, social media accounts and websites – to define if there is someone already in the market using a similar mark or who could raise their rights against you.

Infringement is a breach and a violation and it can be one many types such as trademark infringement, a patent infringement or a copyright infringement. Another company can profit from your trademark without approval, using the logo or trademark of your business and you have the right to sue and request compensation for your losses from the other party.

The agreements between the designers and the event organisers and the agreements between the designers and retail shops are also very important.

Dubai welcomes many foreign brands from Europe, Asia and the USA to showcase their collections and we can assist with legislation for both franchisees and franchisers relating to the establishment of new franchised brands in the UAE.

Luminita Rizescu is a European lawyer and partner in Al Safar and Partners Advocates and Legal Consultants, providing advice to the fashion sector, corporate commercial, M&A, joint ventures, and is a wills specialist at DIFC.