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Grounds for Refusal of A Trademark Application In The UAE

Carryout Trademark Search

Setting up your business in the UAE is a strategic decision that requires your full attention. Study of the UAE business environment and competitors is crucial to stand out. It is a well-known fact that the UAE is the business hub of the world and, the possibility of finding a business similar to yours is very high. But, if you make the right choice in choosing the trademark for your company then, your company/business gets recognition, giving you the brand value. 

What is Trademark?

The Federal Law No. 37 of 1992 governs the matter related to Trademark in the UAE, and as per article 2 of the law, the trademark is defined as “anything having a distinctive form such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs or any other mark or group of marks

Before registering a trademark in the UAE, you should do the prerequisite work of selecting a trademark as per the UAE guidelines and laws, thereafter, consult the best trademark lawyer in Dubai, since not all the trademark ideas you come up with can be registered in UAE or any other jurisdiction. 

Trademarks that can be registered in the UAE

  • Sound can also be a part of a trademark if it accompanies it. 
  • Any form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or any other marks or group of the mark.

Trademarks that cannot be registered in the UAE

The following trademarks cannot be registered in the UAE:

  • Any mark breaching the public morals or violating the public order. 
  • The mark having no property or distinctive character or that is made of data being only the name given by tradition to familiar goods, products, services or the ordinary drawings and pictures of goods and products. 
  • Public emblems, flags, and other logos, of the State, the Arab or international organizations or an institution thereof or any foreign country except by its authorization as well as any imitation of such emblems, flags or logos. 
  • Logos of the Red Crescent or Red Cross and such other similar symbols and the marks being an imitation thereof. 
  • Marks that is similar or identical to symbols that have a purely religious character.
  • Geographical names, if their use will create confusion to consumers about their origin or source.
  • The name, title, picture, or logo of a third party unless their heirs approve its use beforehand. 
  • Marks that may mislead the public or include misstatements on the origin or source of products or services or their other properties as well the marks that include a fictitious, imitated, or forged trade name. 
  • Marks owned by natural persons or legal entities with whom it is prohibited to deal. 
  • Mark, whose registration for some categories of products or services may result in undervaluing other products or services distinguished by such mark. 
  • Marks including following words or expressions: 

Concession, Concessionaire, Registered, Registered Drawing, Copyright, and Imitation is Considered Forgery or such similar words and expressions. 

  • National and foreign medals, coins, and banknotes. 
  • The marks which are only a mere translation of a renowned mark (well-known marks) or another registered mark if the registration would confuse the consumers.
  • Trademarks having international goodwill beyond the boundaries of the mother country may not be registered unless authorized by the owner.

Trademark Refusal

The Ministry of Economy is the authoritative body to decide the faith of your trademark application. The concerned authority may refuse your application if found to be comprised of obstructive elements mentioned above. Because of this, a thorough Trademark Search via the best trademark lawyer in Dubai is a must for a successful trademark application.

What to expect from us?

Many business enthusiasts are least careful while applying for the registration. As a result, their application gets rejected. Nevertheless, if the owner of the trademark does Trademark Search intensively through experts, the chance of refusal of an application is narrowed down. We have the best trademark lawyer in Dubai. The trademark experts at Legal Maxims Consultants will help you find out whether the proposed trademark is already in use or not and the probability of it being registered. We are known to be the best trademark lawyer in Dubai. We search for Identical or Similar marks across local and international databases and give you an accurate report.

In addition, we:

  • Finalize your brand name
  • Carry out effective Trademark Search
  • Ensure your application contains all of the correct information beforehand.

We provide local and international Trademark Search services at competitive prices.

Contact Us

If you are planning to boost your business, we suggest you register your trademark by carrying out a timely Trademark Search. At Legal Maxims, we help business owners from all over the world to register their trademark in the jurisdiction of their choice. 

Contact our best trademark lawyer in Dubai.

A happy client is our Priority. 

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