As a foreign business owner in the free trade zone or working with a Dubai national in a mainland business agreement, it will be important to protect your brand and your company by completing trademark registration.
Similar to all other areas of the world, this process allows you to own the specific use of a mark, text, word, voice, graphics, logo and color scheme that is registered as representing your product. The trademark also prevents other companies from using close approximations of your brand or design elements to create confusion or mislead consumers.
When going through the trademark registration process in the UAE, there are some essential considerations that are outside of the scope of what may be considered in other countries. By knowing three common areas of difference, it is possible to streamline the process and prevent the delay of having a trademark rejected.
Prohibited Components
With the use of Sharia Law, there are several issues that are banned or prohibited on trademarks that may be allowed in another country. Trademarks cannot include anything considered immoral or that breaches the public order. They cannot include any religious symbol, text or image. The use of any flag, currency, or logo used by another country is also prohibited.
Getting Approval for Use
Names or references to people, living or dead, cannot be used in any way in a trademark without the consent of the individual or the heirs. This can be difficult to obtain, but a lawyer familiar with the process can help to facilitate the approval.
Titles Not Earned
It is not possible to use a professional title or distinction if it has not been earned by the individual named in the trademark. For example, you cannot use the term doctor or any other honorary titles in the trademark unless you are the recipient of the degree.
A business lawyer can quickly review the trademark application and provide feedback. It is highly recommended to involve them early in the process to prevent wasting time on trademarks that won’t be approved. Contact STA Law Firm for more information.
