قانون الملكية الفكرية في الإماراتقرار مجلس الوزراء في شأن اللائحة التنفيذية للمرسوم بقانون اتحادي بشأن العلامات التجارية

Article (1) Definitions The definitions stipulated in Federal Decree by Law No. (36) of 2021 aforementioned shall be applicable to the provisions of this resolution, and in exception for that the following terms and phrases shall have the meaning assigned to each, unless the context requires otherwise: Competent Department : The Department of Trademarks and Intellectual Classifications at the Ministry. Mark : The trademark in the meaning designated in Article (2) of the Law. Registered Agent : The agent registered at the Ministry in the Register of Trademarks Registration Agents. Law : Federal Decree by Law No. (36) of 2021 concerning trademarks.

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Cabinet Resolution of 2022 Co…

Article (2) Registration Conditions, Controls and Procedures 1. The application for the trademark's registration shall be submitted by the trademark's owner in the event he resides in the State or by an agent registered in the special register of trademarks registration agents. 2. The applications submitted from entities registered in free zones inside the State shall be treated similarly to the applications submitted by a resident in the State. 3. The application may be submitted for one or more categories in accordance with the international classification of commodities and services. 4. The application for the trademark registration shall be submitted as per the designed template through…

Article (3) Data Necessary for the Registration Application The application for registration shall include the following data: 1. A picture of the mark to be registered. 2. The applicant's name, address, nationality and profession (if applicable) – and in the event the applicant is a legal person, its name, headquarters address and nationality shall be mentioned. 3. The registration agent's name and data and address whenever the application is submitted via a registered registration agent. 4. An accurate description of the mark to be registered. 5. The Commodities or services for which the mark is to be registered and its category. 6. Any other data determined by the Ministry.

Article (4) Attachments to the Application for Registration The following shall be attached to the application for registration: 1. Identification documents.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of 2021 Concerning Trademarks 3 2. A copy of a duly notarized Power of Attorney and translated into Arabic in the event the application was submitted by a registered agent. 3. An approved translation into Arabic identifying the pronunciation in the event the mark to be registered contains one or more pronunciation in a foreign language. 4. The musical note and its relevant mp3 file in the event the mark is a sound. 5. A written descr…

Article (5) Examining and Deciding upon the Application 1. The competent department shall examine the applications for registration and verify that they do not match or are similar to a trademark previously registered and that they do not violate the provisions of the Decree by Law and its Executive Regulations; and the Ministry shall issue its decision in this regard, by either accepting the application whenever it has satisfied the conditions and procedures stipulated in the Law and this resolution, or by rejecting the application when it doesn't comply with the conditions and procedures, or suspend the application's acceptance until certain conditions or modifications are completed. 2. Th…

Article (6) Announcing the Trademark in the Ministry's Bulletin 1. In the event the Ministry accepted the trademark registration application, it therefore announces it, before registering it, in the Ministry's bulletin with the applicant bearing the cost; and the bulletin shall identify the last date to submit an objection against the trademark's registration. 2. The publication shall be done within (30) thirty days from the date of notifying the application's approval decision. 3. The trademark shall be published in the electronic bulletin released by the Ministry, and the publication announcement shall include the following data: a. Application number and date of submission. b. Applicant's…

Article (7) Objection Against the Trademark's Registration 1. Any interested party may submit a justified objection through the competent department's e-services to the registration of the trademark within a period of (30) thirty days from the date of its publication in the bulletin issued by the Ministry, after paying the prescribed fees. 2. The competent department shall notify the applicant with a copy of the objection within a period of (30) thirty days from its submission date. 3. The applicant shall submit to the competent department a written response to the objection within a period of (30) thirty days from the date he was notified of it, otherwise

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Article (8) Waiver of the Trademark Registration Application or Amending it 1. The applicant may waive the trademark's registration application at any time. 2. The application to re-register the trademark shall be treated similarly as a new application. 3. It is not permissible to amend the registration application, including amending the category, after it has been published in the Ministry's bulletin or any stage subsequently.

Article (9) Final Approval for Registration 1. The registration's approval decision shall be considered final with the lapse of a period of (30) thirty days from its date of publishing the trademark's announcement in the relevant bulletin issued by the Ministry without am objection being submitted against its registration, or by the issuance of a final judgment on the subject of the trademark by the competent court. 2. The applicant must pay the trademark registration fee within a period of (30) thirty days from the date on which the objection to the registration of the trademark expires. 3. The registration of the trademark shall have effect as of the application date recorded in the tradem…

Article (10) Amendment of the Trademark and its Owner's Data 1. The trademark owner, whenever he wishes to introduce an amendment or addition to his registered trademark in a manner that does not fundamentally alter it, shall submit an amendment application – as per the designed template – to the competent department; Such application shall be subject to the same procedures followed for original registration applications in terms of acceptance and rejection; and such application shall be published in the designed bulletin and shall be subject to the grievance and appeal procedures in accordance with the conditions and rules related to original registration applications. 2. The trademark owne…

Article (11) Renewing the Protection Period 1. The trademark's owner, who wishes to renew the protection period, shall submit an application as per the designed template to the competent department within the last year of the current protection period and for a period of (6) six months subsequently and pay

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of 2021 Concerning Trademarks 7 the prescribed fees. 2. The competent department will publish the renewal announcement in the Ministry's bulletin once the prescribed fees are settled, and the same shall be recorded in the trademark register. 3. The renewal announcement shall include the…

Article (12) Temporary Protection for Trademarks Used at Exhibitions 1. The owner of a trademark placed on displayed commodities or used for services at international official exhibitions and expositions, which are official recognized and held inside the State, may request the temporary protection of his trademark during the duration of display, at least one month before opening the exhibition, and in as per the designed template for this purpose and after settling the prescribed fee. 2. The trademark, reference above in clause (1) of this article, shall have a temporary legal protection for the duration of the exhibition. 3. The temporary protection shall expire by the expiry of the display…

Article (13) Applying for the Temporary Protection of Trademarks Used at Exhibitions 1. The applications for temporary protection of trademarks used at exhibitions shall be recorded in a special register titled (Temporary Protection Register) which includes the following data: a. Number of the temporary protection, its date and expiry period. b. Name of the exhibitor or trademark owner. c. Copy of the trademark and its description. d. Name of the exhibition, its official opening date and duration. e. List of commodities or services, and its category, for which the temporary protection

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of…

Article (14) Deregistration of the Trademark 1. The department may, based upon its own discretion or upon a request from parties of interest, deregister the trademark in the following circumstances: a. If the trademark's registration was not renewed pursuant to Article (21) of the Law. b. If it appears that the trademark's registration was done in violation of the provisions of the Law and this resolution. c. Based upon the request of the trademark's owner, in accordance with the provisions of Article (24) Clause (1) of the Law. d. Based upon a final judgment issued by the competent court. e. Based upon a request by parties of interest if it appears that the trademark was registered in bad f…

Article (15) Transfer of the Trademark's Ownership 1. The trademark's ownership shall be transferred upon an application submitted to the competent department – as per the designed template – by the ownership recipient or his agent, annexed with the supporting documents duly notarized and attested and translated into Arabic, after the prescribed fees have been paid. 2. The ownership shall be transferred pursuant to a sales, waiver or merger contract or based upon a decision from the court; and the contract or decision shall include the following data: a. Number of the registered trademark. b. Name of the previous owner of the trademark. c. Name and designation of the trademark ownership reci…

Article (16) Mortgage of the Trademark 1. The mortgage of the trademark shall be recorded in the in accordance with same procedures and conditions related to the transfer of trademark ownership, and the mortgage declaration shall include the same data stipulated in Article (16) of this resolution after the prescribed fees have been paid. 2. The mortgage is released based upon a request submitted by the trademark's owner to the competent department, with necessary documents in this regard attached to it which justify the release of the mortgage, provided that the documents are duly certified and attested and translated into Arabic once the prescribed fees have been paid. 3. The competent depa…

Article (17) Seizure of the Trademark The seizure of a registered trademark shall be recorded in the register based upon a court order, and the seizure can only be cancelled based upon a final court judgment.

Article (18) Licensing the Use of the Trademark 1. In the event the trademark owner granted a legal or natural person the license to use the trademark for all or certain commodities or services, for which it is registered, the licensing contract shall be written, duly notarized and attested, and translated if the original copy was draft in language other than Arabic. In all circumstances, it is not permissible for the licensing period to exceed the determined protection period of the trademark. 2. The application to register the license to use the trademark shall be submitted to the competent department by the trademark owner, licensee, or the registered agent for either of them, in accordan…

Article (19) Deregistration of the License 1. The deregistration of the license shall be upon a request submitted to the competent department by the trademark's owner, licensee or the registered agent of either of them, annexed with a proof of the license expiry or termination, after the prescribed fees have been paid. 2. The competent department shall notify, in written, the other party of the deregistration request who has, in such event, the right to appeal the request before the Grievances Committee within a period of (30) thirty days starting from the date he was notified of the deregistration request; and he shall submit a copy of the appeal and the proof of its submission before the G…

Article (20) Registration of Collective Trademarks Subject to Articles (2), (3) and (4) of this resolution, the following shall be attached to the application for the registration of collective trademarks: 1. Reference in the application for registration that it belongs to a collective trademark. 2. A copy of the Articles of Association of entity applying for the registration with its amendments, provided that it includes: a. A report of the persons' category who are authorized to use the trademark and their relationship to the person submitting the application. b. A copy of the requirements for using the collective trademark for commodities and services. c. A resolution that the person subm…

Article (21) Registration of the Trademark for the Purposes of Control or Inspection 1. Subject to Articles (2), (3) and (4) of this resolution, the following requirements shall be attached to the application for the registration of a trademark for the purposes of control or inspection: a. A note in the application that it belongs to a trademark for purposes of control or inspection. b. A copy of the Articles of Association of entity applying for the registration with its amendments, provided that it includes:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of 2021 Concerning Trademarks 14 1. Declaration that the trademark will be use…

Article (22) Registering the Trademark for Non-Commercial Purposes In the event of an application for registration of marks for non-commercial purposes, the same shall be stated on the application for registration, and the bylaws of the Public Benefit Organization or of the Professional Association – owner of the application – shall be attached to application; and it shall be subject to the same procedures of the trademark's registration, publication and deregistration stipulated in this resolution.

Article (23) Geographical Indicators 1. The application to register a geographical indicator shall be submitted by one or more legal persons as per the designed template for the applicant or his agent registered in the

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of 2021 Concerning Trademarks 15 Agents' register. 2. Subject to the provisions of Article (2), (3) and (4) of this resolution, the geographical indicator application shall include the following data: a. Applicant's (legal person) name and its legal form and purpose of incorporation. b. Applicant's nationality, residence and type of products. c. A photo of the geographical…

Article (24) Customs Clearance 1. The right owner or his representative, in the event he has justified reasons for his belief that it may be possible to import counterfeit or forged commodities bearing a trademark similar to his registered trademark – which may lead to confusion among the public – may submit a written application to the Customs Authority to suspend the customs clearance of such commodities and prohibit its trade, provided that the request shall be supported by the necessary evidence and information for the existence of an infringement of the applicant's trademark right. 2. The Customs Authority concerned with the customs clearance shall decide on the application and notify t…

Article (25) International Applications for Registration The international applications for registrations, submitted in accordance with the Madrid Protocol concerning the international registration of trademarks, shall be subject to the Protocol's executive regulations and its amendments.

Article (26) Repeals Any provision contradicting or conflicting with the provisions of this resolution shall be repealed.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of 2021 Concerning Trademarks 18

Article (27) Publishing and Enforcing this Resolution This resolution shall be published in the Official Gazette and shall come into force as of the day following its date of publication. Signed Mohamed bin Rashid Al-Maktoum Prime Minister Issued by us: On: 7 / Thu'l Qihda / 1443 A.H.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Decree by Law of 2021 Concerning Trademarks 19 Corresponding: 07 / June / 2022 AD

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