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UAE - Jurisdictions

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UAE
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO, TRIPS and Paris Convention
    • CLASSIFICATION:
      10th edition — single class application.
      Class 33, alcoholic goods in class 32, and pork meat in class 29 cannot be registered
    • CLAIMING PRIORITY:
      Possible
    • SEARCH/TIME FRAME:
      Possible for word and device marks / 2 – 3 working days
    • EXAMINATION:
      On formal, absolute, and relative grounds
    • EXTENSION OF TIME:
      Not possible for filing oppositions, counter oppositions, and responding to office actions
    • VALIDITY:
      10 years as from the filing date
    • RENEWAL:
      For unlimited period of 10 years each
    • GRACE PERIOD:
      3 months from the protection’s expiry date.
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years from registration date
    Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate to be submitted at the time of filing the application;
    2. Twenty prints of the mark; and
    3. A certified copy of the priority document, if priority is claimed.
      • The legalized POA is sufficient for filing any number of trademark applications simultaneously or separately, in the name of the same applicant.
    Time frame:
    1. Filing up to Examination: 2-4 months
    2. Examination up to Publication: 2 months
    3. Opposition Period: 30 days from the publication date
    4. End of opposition period up to issuance of registration certificate: 3-4 months
    5. Total estimated time frame: 8-10 months
      6. The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.
Renewal
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate; and
    2. Copy of latest registration/renewal certificate.
Change of Name or Address
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. Certificate of change of name/address, legalized with English translation; and
    3. Copy of latest registration/renewal certificate.
Assignment
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. Deed of assignment, legalized with English translation; and
    3. Copy of latest registration/renewal certificate.
Merger
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. Certificate of merger, legalized, with English translation; and
    3. Copy of latest registration/renewal certificate.
License
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. License agreement, legalized with English translation; and
    3. Copy of latest registration/renewal certificate.
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Patent applications and patents are searchable unofficially by title, patentee name and PCT number at the patent office
    • EXAMINATION:
      As to form, novelty, inventiveness, industrial applicability, unity and compliance
    • PUBLICATION:
      Applications are published after grant
    • OPPOSITION:
      Oppositions may be filed within 60 days from publication in the IP Bulletin issued by the Patent Office after allowance
    • ANNUITIES:
      Due annually on the anniversary of the international filing date and payable on pending applications.
      6 - month grace period for late payment, where the last 3 months payment will be subjected to a surcharge.
    • PROTECTION TERM:
      20 years from filing date 10 years from filing date for utility model
    Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. An Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company or body corporate, duly legalized up to the U.A.E. Consulate;
    3. An Assignment Deed duly legalized up to the U.A.E. Consulate, if the applicant is not the inventor;
    4. Two copies of specifications, claims, abstract and drawings, if any;
    5. A certified copy of the priority document, if priority is claimed; and
    6. A copy of the PCT application as published with the Search Report and Preliminary Examination Report, in case of entering a National Phase under the PCT Scheme.
Change of Name or Address
    Filing Requirements:
    1. New Power of Attorney in the new name/ address duly legalized up to the U.A.E. Consulate; and
    2. Certificate showing old and new name/ address, legalized by the UAE Consulate.
Assignment
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate from assignee;
    2. Extract from the Commercial Register of assignee, legalized; and
    3. Assignment document signed by assignee and assignor, legalized.
Merger
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate (If new moral entity formed);
    2. Simple certificate attesting the Merger, legalized.
License
    Filing Requirements:
    1. License agreement, legalized;
    2. A Power of Attorney duly legalized up to the U.A.E. Consulate from licensee, legalized; and
    3. Extract from licensee Commercial Register, legalized.
DESIGN
Information
    Information:
    • PROTECTION TERM:
      10 years from filing date
    • EXAMINATION:
      As to form, novelty, and industrial applicability
    • APPLICATION WITH MULTIPLE FIGURES
      Inadmissible
    • ANNUITIES
      A maintenance fee is due annually on the anniversary of the filing date. There is a 6-month grace period for late payment, the last 3 of which are subject to a surcharge
    • RENEWAL
      Not possible
    Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. An Extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company, duly legalized up to the U.A.E. Consulate;
    3. An Assignment Deed duly legalized up to the U.A.E. Consulate, if the applicant is not the inventor;
    4. Three representations of the model or design, if it is two-dimensional two copies of each view thereof, if it is three-dimensional; and
    5. A certified copy of the priority document, if priority is claimed.
    • Note: Sets of the representations or drawings Item 4 must be submitted at the time of filing, all remaining documents may be submitted within 90 days of filing date.
COPYRIGHT
Information
    Information:
    • MEMBER OF BERNE CONVENTION:
      Yes
    • REGISTRATION:
      Possible for nationals and foreigners
    • DURATION:
      In general, the duration is the artist’s life with the addition of 50 years, starting from the beginning of the calendar year following the artist’s date of passing
    • WORKS PROTECTED:
      Books, pamphlets, essays and other written works; Computer programs and applications, databases, and works analogous to them as defined by a Minister’s decision; Lectures, addresses, sermons, and other works of similar nature; Dramatic, and musical works and dumb-shows; Music compositions with or without words; Sound and audiovisual works; Architectural works, engineering plans, and layouts; Works of drawing, painting, sculpture, lithography (fabric, metal, stones, wood), and engraving, or similar works in the scope of fine arts; Photographic works and works analogous to photography; Works of applied and plastic art; Illustrations, geographical maps, sketches, three-dimensional works related to geography, topography, and architectural designs, etc.
    • LIMITATIONS ON PROTECTIONS:
      Mere ideas, procedures, methods of work, mathematical understandings, principles, and abstract facts; Official documents, whatever their original language is or the language they were translated to, such as the texts of laws, regulations, decisions, international agreements, judgments, arbitrators’ awards, and the decisions of the administrative committees having judicial competence; News, events, and current facts, which constitute merely media news; Works transferred to public property
    • PENALTIES:
      Penalties include payment of fines of up to 500,000 Dirhams (approximately 136,000 US Dollars), as well as legal prosecution resulting in no less than 3-months imprisonment terms
    Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate;
    2. An Assignment Deed duly legalized up to the U.A.E. Consulate, if the applicant is not the author(s);
    3. Full description of the work;
    4. A certificate of entry in the Commercial Register of Agencies, if there is a local agent in the country; and
    5. Three copies of the work.
DOMAIN NAME
Requirements
    Requirements:
    1. A Power of Attorney duly legalized up to the U.A.E. Consulate; and
    2. Domain Name Registration Application form.
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