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Overview

The United Arab Emirates is a member of the World Trade Organization (WTO), a member to the Paris Convention for the Protection of Industrial Property and a signatory of the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS). The Agreement on TRIPS sets out minimum standards for the protection of Intellectual property that must be adhered to by all the WTO signatories, it defines what type of signs must be eligible for protection as trademarks and the minimum rights that must be conferred upon their owners.

Therefore, according to the UAE Federal trade Mark Law No. 37 of 1992, as amended by Law No 8 of 2002, it is possible to register a trademark and to enforce the rights and obligations related to the protected trademark.

The application of the Trade mark registration has to be submitted to the Trade Mark section of the Ministry of Economy and Commerce. The registration of the Trade Mark process takes approximately between six to eight months in due course.

The registration of a trademark is valid for ten years, from the date of filing the application and it can be renewed for similar time periods.

Certain offences related to the infringement of the trademarks, are punishable in the UAE law, such as unauthorized use of a registered trademark by any third party, use of a counterfeit or imitated trademark, dealing with goods bearing counterfeit trademarks, use of a non registerable trademark.

In such situations the trademark owners may seek that the goods bearing infringing marks should be seized or destroyed, the offender should be fined and/or imprisoned under the UAE laws, in addition to other civil remedies.