Federal Law No. 37 on the year 1992 on trademarks was issued by the UAE Late Sheikh Zayed bin Sultan Al Nahyan who found the importance of the trademark and also key benefits of trademark protection of wealth and success for local economy.
The amendment of Law No. 19 of 2000 and Law No. 8 on the year 2002, gives protection for trademark registration in the UAE. It has the prime objective to safeguard the interests of both businesses and consumers in the country.
The law includes the definition of trademarks, there are signs that cannot be registered as trademarks and more details can be viewed later sessions
What is a trademark?
Based on the article (2) of this law generally a trademark is any unique feature which is practiced on the names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks and so on. These trademark objects are used or planned to be used in order to distinguish the goods and products/services from any sources. As well as to indicate that there are some services and goods/products belong to the trademark owner because of their provision, manufacturing, selection or trading.
For registering a trademark all the above signs has the limitations in the part of UAE nation legal aspect. Thus there are some signs that should not to be registered for trademark are:
- The signs without any different character/property or sometimes may use common names of goods, products and services and also the use of drawings or pictures of goods and products are not applicable for the trademark.
- If there are signs which violates public morals
- Using or imitating flags and other logos of the trademark UAE nation or any international organization or any foreign country without their permission. Simply trademark sign should be a unique one widely.
- Signs which are similar or exact the same on appearance in symbols with absolutely religious character.
- If there are any geographical names and its use can cause contradiction about the origin or source of the goods, products/services.
- These names, titles, images or logos of a third party people unless he or she agree to their use in advance.
- Particulars of degrees of honor which do not prove that the applicant is legally entitled thereto.
- Even the trademarks owned by individuals with which any deal is prohibited.
- Trademarks which are merely a translation of a renowned or already registered trade mark if the registration would confuse consumers about the products distinguished by the trade mark.
[…] the trademark law is comprised of the trademark definition with registration process and also the articles in UAE trademark […]