Over the years, the definition and understanding of a trademark have been prolonged, and the non-conventional and formerly-used trademarks have been given more meaning and explanations. Today’s businesses or individual entities can easily apply for their 3D holograms and voice trademarks. Moreover, the filing of multi-cases trademarks law also becomes possible with this. Earlier, UAE’s legal system has only worked on a single class filing process, which has now been elevated. And Mai Alfalasi – the leading advocate and legal consultancy in Dubai, helps in trademark services in regards to the new law.

On 20th September 2022, the President of the United Arab Emirates issued decree No. 36 of 2022, particularly in connection with the law for trademarks. However, the law affected from the 2nd January 2022. The introduction of this law for trademarks, the previous implemented and affected Federal Law No. 37 of 1992, and all of the amendments it has undergone have been canceled. Nevertheless, it is important to note that all the previous filed and applied cases will be solved and dealt with by the former law, and no retrospect will happen.

What is a Trademark?

According to Article 2 of Law No. 36 of 2021, the trademark for any business is a legal representation that protects the specific, unique name, logo, and symbols pertaining to your products or business brands. In Dubai and other cities of the United Arab Emirates, the meaning and function of a trademark are more or less the same.

Any trademark is the distinctive mark that includes the words, symbols, names, letters, signatures, drawings, simple colors, combinations, numbers, engravings, shapes, pictures, or figurative elements that, with a set of perfect design and color combination gives a unique meaning and representation for your business or enterprise anywhere in the world.

Moreover, a trademark can also contain a three-dimensional hologram depicting any specific mark or symbol used to distinguish goods or products. Further, any undertaking that includes an olfactory mark (smell mark) also comes into the umbrella of a trademark according to the newly announced and imposed rule.

Types of Trademarks in Dubai

Now that we have learned what a trademark is, the next step is to understand the types of brands in Dubai for small, medium, or large-scale enterprises. The trademarks have a particular set of subtypes that divides them and better explains them following different businesses. Having said this, here are the five major types of trademarks that can best be used in regards to your business type or category;

Arbitrary and Fanciful Trademarks

Arbitrary and fanciful trademarks are the typical ones that are on a distinctive spectrum. The purpose of their creation is for certain brands for which the existing words or designs are used for context to represent a specific product. An example of it can be taken for a brand ‘Kodak.’

Suggestive Trademarks

The second is a suggestive trademark used to design to encourage a customer’s imagination and create specific characteristics of a product. An example of it can be understood from the leading brands like Jaguar and Greyhound.

Descriptive Trademarks

Descriptive trademarks are another type of trademark used for business and used at the bottom of the packaging for describing and explaining any goods and services.

Generic Trademark

Moving on to another, we have a Generic Trademark that is generally applied and used by commonly operated businesses. It is usually composed of a single phrase describing the business itself.

Suggestive Trademark

A suggestive trademark is one of the classes of trademarks that commonly explain the business, its goods, services, etc. the intent of creating a figurative trademark for your business is to protect your business of name without having a second meaning.

Important Things that are not Trademarks

It is pivotal to understand that everything isn’t a trademark. However, many people misunderstand trademarks with a lot of other factors. Only if we all clearly understand what a trademark is, the entire process becomes way easier. With this being in mind, here are the things that are not trademarks and are often confused with them;

  • The simple marks are comprised of numbers or designate nature.
  • The drawings, signs, and expressions already in contravention with public order and morals are not allowed to be selected as a trademark.
  • The specific symbols of the Red Cross or any other related symbol are not categorized into a trademark.
  • All the marks, signs, or symbols that reflect any religious body do not fall into the trademark umbrella.
  • Be aware that marks of military insignia or that of flag or any country are also not considered the trademark.
  • Those marks are purely indicative of the geographical origin of any goods as it births confusion in the customers' minds regarding your business.
  • The use of common names, surnames, and other names can’t simply be categorized in trademarks because of the issues related to uniqueness.
  • Special marks that belong to entities are prohibited from being categorized into trademarks as it is entirely forbidden in the United Arab Emirates.
  • Another thing to note is that those marks that resemble other trademarks are prohibited from being undertaken.
  • An academic degree cannot be placed or opted for as a trademark because of the illegitimate entitlement.
  • Another strictly forbidden is the use of such marks that are misleading regarding any specific business, products, or services.
  • The registration or application for a well-known mark is not allowed because of special permission required from the party or the owner. If the trademark owner is out of the UAE, the person or the mark owner needs to sign a document, not object to the use.

How To Trademark in the UAE?

Using the top-skills services of the lawyers and advocates at Mai Alfalasi, the leading and most sought-after legal consultancy in the UAE, you can simply get your trademark registered in Dubai. Our certified and expert advocates carry the process to ensure your success with trademark registration;

  • Our professionals ensure that the trademark isn’t registered before for making the case extra solid.
  • We perform the entire filling out the application form on the ministry of economy.
  • We save you from all the hassle and provide application filling and fee submission assistance.
  • We overlook the case when it is running at the ministry of the economy.
  • We also public the announcement in two local Arabic language newspapers.
  • And at last, we will provide you with the trademark registration certificate.

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Mai Alfalasi

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1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
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Email. info@maaflegal.ae

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