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CHANGING TRADEMARK LAW IN UAE

CHANGING TRADEMARK LAW IN UAE

Register your trademark NOW! If you wish to outshine your business peers in a commercial market like Dubai or UAE, wait no more. The federal decree law No. 36 of 2021 is a step towards good trademark-registration regime which can become boon for business owners in UAE.

Let’s brush-up your trademark knowledge first!

What is trademark? it is a type of intellectual property that consists of recognizable sign, design, or expression that act as an identity of source of product or services.

Who can be trademark owner? Any individual, business organization or any legal entity can own a trademark provided compliance to related laws is made.

The important changes in UAE trademark law that you need to keep in mind are as follows:

Change in the Grace period: The grace period has been renewed to 6 months earlier which was of 3 months. This increase in the grace period would provide trademark owners with additional time to handle any legalization requirement for renewal.

Power of attorney: These regulations mandates to submit a legalized Power of Attorney (POA) with new filings. Until a confirmation email is received from the UAE Trade Mark office amending the current practice,the office will allow simply signed fillings without a POA.

Official publication: It is confirmed by these regulations that the official publication required shall be through the Trade Mark Journal and publication in local newspapers is nolonger needed.

Amendments: These regulations have given way to post registration amendments which was not feasible under the old law. The post amendments like amending the specifications by adding more particulars or items are included.

Administrative cancellation: The recent regulations have briefly stated reasons for administrative cancellation of trade mark. A timeframe for decision by the Trade Mark Office of 90 days has been fixed in case a complaint is filed online.

Increased penalties: In case of violation of trademark right the penalty is increased to a maximum of AED 50,000 to AED 100,000 from AED 10,000-AED 50,000.

Geographical indications:This is a new addition to the IP Law of UAE. These are the indications showing from where a good has originated in the territory of a member country of the WTO.

Temporary protection: Now owners can register their trademarks temporarily and participate freely in temporary events and exhibitions.

The protection of trademark under new regulations is more or less same when compared to the old Law and the regulations are also silent over formation of the grievance committee.

The top lawyers in Dubai are at BSB Legal Consultants who are well-versed with existing and new laws relating to intellectual property, especially trademark law. For legal consultation and assistance over this dynamic are of legal field contacts us at info@bsb.legal or call us at +97150 8014003.

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