Trademark Registration in UAE

Contents
1. Introduction ............................................................ 2
2. FAQs...................................................................... 3
3. 9th Edition of International Classication of .......... 9
Goods & Services
4. Jurisdictions and Registration Requirements
Registration in GCC
United Arab Emirates ...................................... 16
Bahrain ........................................................... 19
Kuwait ............................................................. 22
Saudi Arabia ................................................... 25
Qatar ............................................................... 28
Oman .............................................................. 31
Registration in Middle East Countries
Algeria ............................................................ 34
Egypt .............................................................. 37
Iran.................................................................. 39
Iraq.................................................................. 42
Jordan ............................................................. 45
Lebanon .......................................................... 47
Libya ............................................................... 49
5. Samples, Formats and Procedure
Deed of Assignment ....................................... 52
Disclaimer
Power of Attorney ........................................... 55
Trademark Registration Pocket Book Middle East, 2010 is designed only for the
Trademark Registration Procedure in UAE .... 56
information of readers. While every effort has been made to ensure accuracy, some
6. Worldwide
Requirements
information
that may beRegistration
relevant to a particular
reader may not be comprehensive or
may have
omitted. Community Trademark ( CTM) ...... 57
been
European
isARIPO
( African
Regional
Industrial
This book
not intended
as a study
of all aspects
of the Trademark Registration.
The book isProperty
not a substitute
for reading the...................................
standard when dealing with points
Organization)
58 of
doubt or difculty.
Madrid system for International Registration
No responsibility for loss to any person acting or refraining from acting as a result or
of Trademarks ................................................ 60
any material in this publication can be accepted by Jitendra Intellectual Property or
Trademark
Registration
......................
JCA International.
Receipients
should not act in
on India
the basis
of this publication61
without
seekingprofessional
advice.
List of Countries
Served by us ........................ 63
Trademark Registration Pocket Book, Middle East, 2010
Introduction
This pocket book has been designed by the Jitendra
Intellectual Property, a member of JCA International & a
division of Jitendra Consulting Group as an endeavor to
support the efforts of UAEs Ministry of Economy to uphold
and protect intellectual property rights in UAE. This pocket
book has been developed as a guide for the potential users of
Trademark Registration in Middle East countries. This pocket
book clearly states the uses along with the benets that shall
ensue for investors, exporters, importers, manufacturers,
SMEs and all those seeking to register their trademarks in
Middle East countries.
With UAEs Ministry of Economy intensifying its efforts to
eliminate the usage of counterfeit goods and products,
this pocket book becomes more signicant to support its
campaign. By registering its trademark a business ensures
the protection of its rights in UAE. Registering trademarks
also becomes necessary in order to help customers and
authorities alike to distinguish original goods from counterfeits
sold in the market.
This pocket book is aimed at providing the basic information
regarding trademark registration procedures in Middle East
countries and also providing additional information about the
9th edition of the International Classication of Goods and
Services (Nice Agreement).
This pocket book looks at key areas along with explaining the
basic requirements of registration in Middle East countries. It
is written primarily for those who have little or no knowledge of
trademark registration, but have a reasonable understanding
of the basic trademark concepts and terminology.
2
F.A.Qs
1.
What is a trademark?
A trademark includes any word, name, symbol, or device,
or any combination, used, or intended to be used, in
commerce to identify and distinguish the goods of one
manufacturer or seller from goods manufactured or sold
by others, and to indicate the source of the goods. In
short, a trademark is a brand name.
2.
What is a service mark?

A service mark is any word, name, symbol, device, or any
combination, used, or intended to be used, in commerce,
to identify and distinguish the services of one provider
from services provided by others, and to indicate the
source of the services.
3.
What is a certication mark?

A certication mark is any word, name, symbol, device,
or any combination, used, or intended to be used, in
commerce with the owners permission by someone other
than its owner, to certify regional or other geographic
origin, material, mode of manufacture, quality, accuracy,
or other characteristics of someones goods or services,
or that the work or labour on the goods or services was
performed by members of a union or other organization.
4.
What is a collective mark?

A collective mark is a trademark or service mark used,
or intended to be used, in commerce, by the members
of a cooperative, an association, or other collective
group or organization, including a mark which indicates
membership in a union, an association, or other
organization.
3
Other forms of intellectual property

People occasionally confuse trade-marks with copyright,
industrial designs, patents and integrated circuit topographies.
These are rights granted for intellectual creativity and are also
forms of intellectual property. However:
5.
Why register a trademark?

A registered trademark gives the exclusive use of that
name, providing its owner the capability:
-
patents cover new inventions (process, machine,

manufacture, composition of matter), or any new
and useful improvement of an existing invention;
copyrights provide protection for literary, artistic,
dramatic or musical works (including computer
progammes), and three other subject-matter
known as: performance, sound recording and
communication signal;
industrial designs are the visual features of
shape, conguration, pattern or ornament (or any
combination of these features), applied to a nished
article of manufacture;
integrated circuit topographies refer to the threedimensional conguration of the electronic circuits
embodied in integrated circuit products or layout
designs.
To create Trademark Value (Goodwill), an active

intangible for the company.
To offer licenses and franchises.
To be differentiated from competitors.
To be protected from third parties using an equal
or similar name, exercising the legal actions that
correspond.
To protect the Internet domain name.

To impede others attempting to register similar
trademarks.
To have priority over third parties wanting to register
their trademarks, in countries which do not require
registration.
6.
What are classes?

When registering a trademark you need to specify the
products and services that will be associated with your
trademark. The large majority of countries of the world
have adopted the International Classication. This
system groups all products and services into 45 classes 34 for products, 11 for services - permitting you to specify
precise and clear classes covering your trademark. The
protection that is offered to a registered trademark covers
only the classes specied at the time of registration,
therefore, allowing two identical trademarks to coexist
in distinct classes. The agencies governments are in
charge of the registration of trademarks for a given class,
offering greater protection and greater investment.
7.
How do I know in which class (es) to register?

When you request a Comprehensive Study you are
asked to describe how you intend to use a trademark
for your products and services. With this description, we
will recommend to which class (es) to register and what
products/services you should include in each class.
8.
What happens if oppositions arise?

The purpose of the Comprehensive Study is to limit the
probability of oppositions or refusals. Nevertheless, if
oppositions arise, we rely on experienced lawyers who
will recommend you the appropriate course of action.
5
9.
In what countries should I register my trademark?

The protection of trademarks is regional; therefore, it
is advised to register your trademark in the countries
where your business is located or where you plan to be
located.
10. Who can register a trade-mark?

Companies, individuals, partnerships, trade unions and
lawful associations may obtain registration of their marks
of identication for wares or services, provided they meet
the requirements.
11. How long is certication of a trademark valid?
All recognized trademarks are valid for ten years from
the date of ling. Extensions are granted for subsequent
ten-year periods upon renewal.
12. What are well-known Marks?
Well-known marks are marks that are considered to be
well-known by the competent authority of the country
where protection for the mark is sought. Well known
marks generally benet from stronger protection. For
example, well-known marks may be protected even if
they are not registered (or have not even been used) in
a given territory. In addition, while marks are generally
protected against confusingly similar marks only if used
for identical or similar products, well-known marks are
protected against confusingly similar marks for even
dissimilar products, if certain conditions are met. The
main purpose of this stronger protection is to prevent
companies from free-riding on the reputation of a wellknown mark and/or causing damage to its reputation or
goodwill.
13. Can the assignment of an application be recorded?

Yes.
14. Is recording a license agreement compulsory? What
are the consequences of non-recordable?
Necessary in order to have effect against third parties.
15. What do the symbols and mean?
and are common symbols associated with
trademarks, although their use is not a requirement and
generally provides no special legal protection. The
symbol is used once the trademark has been registered.
The symbol denotes that a given sign is used by the
holder as a trademark whether this sign is the subject of
a trademark application.
16. Can I register a mark that sounds the same as an
existing mark but looks different?
If you are trying to register a mark that sounds the same
as a mark already registered for identical or similar goods
or services for which the earlier mark is registered, it is
likely that your mark will be considered as confusingly
similar and be refused.
17. Is trademark registration necessary even when the
mark has been in use for many years?
In countries which have a legal system based on common
law, prior use is generally sufcient for claiming rights
over a given trademark in case of dispute. In civil law
countries, however, this is usually not the case. Only
trademark registration will provide legal certainty on
exclusive rights to the use of the trademark regardless of
how many years an enterprise has been using the name.
Even in the rst case, it is highly advisable to register a
7
trademark, as registration will reinforce the position of

the right holder in case of litigation.
18. Foreign registration
Registering your trade-mark with the Trade-marks Ofce
protects your rights in U.A.E only. If you are selling
wares or services in other countries, you should consider
registration in each of those countries. Contact a trademark agent or the embassy of the country in question for
information on foreign registration.
19. What is Trademark Infringement?
Trademark Infringement is a violation of exclusive rights

attaching to a trademark without the authorization of the
trademark owner or any licensees. Infringement may
occur when one party, the infringer, uses a trademark
which is identical or confusingly similar to a trademark
owned by another party, in relation to products or services
which are identical or similar to the products or services
which the registration covers.
9TH EDITION OF
INTERNATIONAL CLASSIFICATION
OF GOODS & SERVICES
GOODS
CLASS 1 (Chemicals)
Chemicals used in industry, science and photography, as
well as in agriculture, horticulture and forestry; unprocessed
articial resins, unprocessed plastics; manures; re
extinguishing compositions; tempering and soldering
preparations; chemical substances for preserving foodstuffs;
tanning substances; adhesives used in industry.
CLASS 2 (Paints)
Paints, varnishes, lacquers; preservatives against rust and
against deterioration of wood; colorants; mordants; raw
natural resins; metals in foil and powder form for painters,
decorators, printers and artists.
CLASS 3 (Cosmetics and cleaning preparations)
Bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations; soaps;
perfumery, essential oils, cosmetics, hair lotions; dentifrices.
CLASS 4 (Lubricants and fuels)
Industrial oils and greases; lubricants; dust absorbing, wetting
and binding compositions; fuels (including motor spirit) and
illuminants; candles, wicks.
CLASS 5 (Pharmaceuticals)
Pharmaceutical, veterinary and sanitary preparations;
dietetic substances adapted for medical use, food for babies;
plasters, materials for dressings; material for stopping teeth,
dental wax; disinfectants; preparations for destroying vermin;

fungicides, herbicides.
instruments, articial limbs, eyes and teeth; orthopedic

articles; suture materials.
CLASS 6 (Metal goods)

Common metals and their alloys; metal building materials;
transportable buildings of metal; materials of metal for railway
tracks; non-electric cables and wires of common metal; iron
mongery, small items of metal hardware; pipes and tubes of
metal; safes; goods of common metal not included in other
classes; ores.
CLASS 11 (Environmental control apparatus)

Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply and sanitary
purposes.
CLASS 7 (Machinery)
Machines and machine tools; motors and engines (except
for land vehicles); machine coupling and transmission
components (except for land vehicles); agricultural implements
other than hand-operated; incubators for eggs.
CLASS 13 (Firearms)
Firearms; ammunition and projectiles; explosives; reworks.
CLASS 8 (Hand tools)

Hand tools and implements (hand operated); cutlery; side
arms; razors.
CLASS 9 (Electrical and scientic apparatus)
Scientic, nautical, surveying, electric, photographic,
cinematographic, optical, weighing, measuring, signaling,
checking (supervision), lifesaving and teaching apparatus
and instruments; apparatus for recording, transmission or
reproduction of sound or images; magnetic data carriers,
recording discs; automatic vending machines and mechanisms
for coin operated apparatus; cash registers, calculating
machines, data processing equipment and computers; reextinguishing apparatus.
CLASS 10 (Medical apparatus)
Surgical, medical, dental and veterinary apparatus and
10
CLASS 12 (Vehicles)
Vehicles; apparatus for locomotion by land, air or water.
CLASS 14 (Jewelry)
Precious metals and their alloys and goods in precious metals
or coated therewith, not included in other classes; jewelry,
precious stones; horological and chronometric instruments.
CLASS 15 (Musical Instruments)
Musical instruments.
CLASS 16 (Paper goods and printed matter)
Paper, cardboard and goods made from these materials,
not included in other classes; printed matter; bookbinding
material; photographs; stationery; adhesives for stationery
or household purposes; artists materials; paint brushes;
typewriters and ofce requisites (except furniture); instructional
and teaching material (except apparatus); plastic materials
for packaging (not included in other classes); playing cards;
printers type; printing blocks.
CLASS 17 (Rubber goods)
Rubber, gutta-percha, gum, asbestos, mica and goods made
from these materials and not included in other classes; plastics
11
in extruded form for use in manufacture; packing, stopping

and insulating materials; exible pipes, not of metal.
CLASS 23 (Yarns and threads)

Yarns and threads, for textile use.
CLASS 18 (Leather goods)

Leather and imitations of leather, and goods made of these
materials and not included in other classes; animal skins,
hides; trunks and traveling bags; umbrellas, parasols and
walking sticks; whips, harness and saddlery.
CLASS 24 (Fabrics)
Textiles and textile goods, not included in other classes; bed
and table covers.
CLASS 19 (Nonmetallic building materials)

Building materials (nonmetallic); nonmetallic rigid pipes for
building; asphalt, pitch and bitumen; nonmetallic transportable
buildings; monuments, not of metal.
CLASS 20 (Furniture and articles not otherwise
classied)
Furniture, mirrors, picture frames; goods (not included in other
classes) of wood, cork, reed, cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother-of-pearl, meerschaum and
substitutes for all these materials, or of plastics.
CLASS 21 (Housewares and glass)
Household or kitchen utensils and containers (not of precious
metal or coated therewith); combs and sponges; brushes
(except paint brushes); brush-making materials; articles for
cleaning purposes; steel wool; un-worked or semi-worked
glass (except glass used in building); glassware, porcelain
and earthenware not included in other classes.
CLASS 22 (Cordage and bers)
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks
and bags (not included in other classes); padding and stufng
materials (except of rubber or plastics); raw brous textile
materials.
12
CLASS 25 (Clothing)
Clothing, footwear, headgear.
CLASS 26 (Fancy goods)
Lace and embroidery, ribbons and braid; buttons, hooks and
eyes, pins and needles; articial owers.
CLASS 27 (Floor coverings)
Carpets, rugs, mats and matting, linoleum and other materials
for covering existing oors; wall hangings (non-textile).
CLASS 28 (Toys and sporting goods)
Games and playthings; gymnastic and sporting articles not
included in other classes; decorations for Christmas trees.
CLASS 29 (Meats and processed foods)
Meat, sh, poultry and game; meat extracts; preserved, dried
and cooked fruits and vegetables; jellies, jams, fruit sauces;
eggs, milk and milk products; edible oils and fats.
CLASS 30 (Staple foods)
Coffee, tea, cocoa, sugar, rice, tapioca, sago, articial coffee;
our and preparations made from cereals, bread, pastry and
confectionery, ices; honey, treacle; yeast, baking-powder;
salt, mustard; vinegar, sauces (condiments); spices; ice.
CLASS 31 (Natural agricultural products)
Agricultural, horticultural and forestry products and grains
13
not included in other classes; living animals; fresh fruits and

vegetables; seeds, natural plants and owers; foodstuffs for
animals, malt.
CLASS 32 (Light beverages)
Beers; mineral and aerated waters and other nonalcoholic
drinks; fruit drinks and fruit juices; syrups and other
preparations for making beverages.
CLASS 33 (Wine and spirits)
Alcoholic beverages (except beers).
CLASS 40 (Treatment of materials)

Treatment of materials.
CLASS 41 (Education and entertainment)
Education; providing of training; entertainment; sporting and
cultural activities.
CLASS 42 (Computer, scientic & legal)
Scientic and technological services and research and design
relating thereto:
industrial analysis and research services; design and
development of computer hardware and software; legal
services.
CLASS 34 (Smokers articles)

Tobacco; smokers articles; matches.
SERVICES
CLASS 35 (Advertising and business)
Advertising; business management; business administration;
ofce functions.
CLASS 36 (Insurance and nancial)
Insurance; nancial affairs; monetary affairs; real estate
affairs.
CLASS 37 (Building construction and repair)
Building construction; repair; installation services.
CLASS 43 (Hotels and Restaurants)

Services for providing food and
accommodations.
drink;
temporary
CLASS 44 (Medical, beauty & agricultural)

Medical services; veterinary services; hygienic and beauty
care for human beings or animals; agriculture, horticulture
and forestry services.
CLASS 45 (Personal)
Personal and social services rendered by others to meet the
needs of individuals; security services for the protection of
property and individuals.
CLASS 38 (Telecommunications)
CLASS 39 (Transportation and storage)
Transport; packaging and storage of
arrangement.
14
goods;
travel
15
JURISDICTIONS AND REGISTRATION

REQUIREMENTS
REGISTRATION IN GCC
UNITED ARAB EMIRATES
Classication
The international classication of goods and services (9th
edition) is followed. Class 33 and alcoholic goods in class
32 cannot be registered in the UAE. A separate application is
required for each class.
Documents Required:
A)
B)
16
Individual Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the UAE
2. 20 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certied copy of the Trademark/Design registered in
any other country (Notarised and Attested)
Corporate Applicant
to the Consulate of the UAE
3. Trade License/Certicate of Incorporation i.e.
Commercial Registration (Notarised and Attested)
4. Certied copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
6. Memorandum and Articles of Association (Notarised

and Attested)
Time Frame
The assignment shall be completed within 12-15 month.
Opposition
Trademark applications accepted by the Registrar are
published in the Trademark Bulletin. Oppositions may be
led within 30 days from publication date. Extension of time
for oppositions /counter-oppositions or for responding to
ofce actions with exceptions of that relating to preliminary
examination is not possible.
Protection Term
Trademark registrations are valid for 10 years from ling date
and are renewable for like periods. There is a grace period of
3 months with surcharge for late renewals.
Documents required for renewal
1. Power of Attorney legalized
2. Copy of certicate of registration of the trademark
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested party if there has been no effective use of a mark
for a period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized, with English
Translation
3. Copy of registration certicate of the marks
17
Change of Name/Address Application

1. Power of attorney legalized
2. Certicate of change of name/address, legalized
3. Copy of registration certicate of the mark
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
2. Legalized License agreement
BAHRAIN
Classication
edition) is followed. Class 33 and alcoholic goods in class 32
cannot be registered in the Bahrain. A separate application is
Documents Required:
A)
to the Consulate of the Bahrain
any other country
5. Any document providing that he/she is registered as
a trader or conducting a business activity (instead of
the certicate of incorporation
B)
Corporate Applicant.
1. Power Of Attorney duly notarized and legalized up to
the Consulate of the Bahrain
Commercial Registration. (Notarised and Attested)
and Attested)
Cancellation
A trademark is subject to cancellation by any interested party
within 5 years from registration date.
Fines & Penalties:
Payment of nes of not less than 5,000 UAE Dirham (app.
US $ 1,300) and/or imprisonment. Repeat offenders will be
subject to the same penalties in addition to the closure of
the commercial store or enterprise for a period of not less
than 15 days and not more than 6 months, together with the
publication of the judgment at the expense of the offender.
18
19
Time Frame
The Assignment shall be completed within 18 months.
Opposition
published in the Ofcial Gazette. Oppositions may be led
within 60 days from publication date. Extension of time for
oppositions is not possible. Extension of time for counteroppositions or for responding to ofce actions is possible.
Protection Term
Power of Attorney simply signed.
Use Requirements
interested if there has been no effective use of a mark for a
period of 5 consecutive years after registration.
Licensing
1. Power of Attorney, simply signed
2. License agre ement, legalized
Cancellation
A trademark is subject to cancellation before the Court by any
interested within 5 years from registration date.
Fines and Penalties:
Payment of nes of not less than 500 Bahraini Dinar (app. US
$ 1,300) and not more than 4,000 Bahraini Dinar (app. US $
10,600) and/or imprisonment for a period of not less than 3
months and not more than 1 year. Penalties will be doubled for
repeat offenders, in addition to the closure of the commercial
store or enterprise for a period of not less than 15 days and
not more than 6 months, together with the publication of the
judgment at the expense of the offender.
1. Power of Attorney from the assignee, simply signed
2. Deed of Assignment signed by both parties
legalized
1. Power of attorney in the new name or address,
simply signed legalized
2. A letter from the owner of the trademark to this effect
addressed to the Registrar
20
21
KUWAIT
Classication
The international classication of goods and services
(6th edition) is followed. Class 33 and alcoholic goods in class
32, and pork meat in class 29 cannot be registered in the
Kuwait. A separate application is required for each class.
Documents Required:
A) Individual Applicant
to the Consulate of the Kuwait
any other country
B)
Corporate Applicant
to the Consulate of the Kuwait
6. Memorandum and Articles of Association. (Notarised
and Attested)
Time Frame
22
Opposition
within 30 days from the third publication in the Ofcial Gazette.
Extension of time for oppositions/counteroppositions or for
responding to ofce actions is not possible.
Protection Term
1 Power of Attorney legalized
2 Original Kuwaiti certicate of registration of the mark
for endorsement
Use Requirements
2. Deed of Assigment, legalized
3. Original certicate of registration of the mark for
endorsement
2. Ofcial certicate evidencing the change of name/
address
23
Licensing
If the licensor or licensee is a Kuwaiti national, the license
agreement may be recorded at the commercial register
and not the Trademark Ofce. A legalized extract from the
commercial register would then be duly recognized by the
Courts if conicts arise.
Cancellation
A trademark is subject to cancellation before the Court by any
interested within 5 years from registration date.
Fines and Penalties
Payment of nes of up to 600 Kuwaiti Dinar (app. US $ 2,000)
and/or imprisonment.
24
SAUDI ARABIA
Classication
edition) is followed. Class 33 and alcoholic goods in class 32,
and pork meat in class 29, and Christmas trees and related
products in class 28 cannot be registered in the Saudi Arabia.
A separate application is required for each class.
Documents Required:
A)
to the Consulate of the KSA
any other country
B)
to the Consulate of the KSA
and Attested)
25
Time Frame
Opposition
before the Board of Grievances (First Instance Court)
within 90 days from publication date. Extension of time for
oppositions/counteroppositions or for responding to ofce
actions is not possible.
Protection Term
Trademark registrations are valid for 10 Hijri years
(approximately 9 years and 8 months) from ling date and are
renewable for like periods. There is a grace period of 6 lunar
months for late renewals with payment of a surcharge.
2. Original Saudi registration certicate of the mark for
endorsement
Use Requirements

endorsement
Licensing
1. Power of Attorney, legalized
2. License agreement, legalized
endorsement
Cancellation
before the Board of Grievances if it can be established that
the mark was unrightfully registered.
Payment of nes of not less than 50,000 Saudi Riyal (app.
US $ 13,000) and not more than 1,000,000 Saudi Riyal (app.
US $ 267,000) and/or imprisonment for a period of up to 1
year. Penalties are doubled for repeat offenders.
endorsement
26
27
QATAR
Classication
(7th edition) is followed. Class 33 and alcoholic goods in
class 32, and pork meat in class 29 cannot be registered in
the Kuwait. A separate application is required for each.
Documents Required:
A)
B)
28
the Consulate of the Qatar
any other country
the certicate of incorporation
the Consulate of the Qatar
and Attested)
Time Frame
The Assignment will be completed within 3 years.
Opposition
Trademarks Application accepted by the Registrar are
published in the Gazette of Trademarks. Oppositions may
be led within 4 months from publication date. Extension of
time for oppositions/counteroppositions or for responding to
ofce actions is not possible.
Protection Term
Use Requirements
3. Copy of certicate of incorporation of assignee
2.
Extract from the commercial register or any other

document evidencing this change, legalized.
29
Licensing
License recordal is compulsory in order to be effective against
third parties.
2. License Agreement, legalized
3. Copy of certicate of incorporation of licensee
Cancellation
A trademark is subject to cancellation by any interested
party if it can be established that the mark was unrightfully
registered.
OMAN
Classication
edition) is followed. A separate application is required for
each class.
Documents Required:
A)
the Consulate of the Oman
any other country
the certicate of incorporation)
B.
Corporate Applicant
the Consulate of the Oman
and Attested)

Payment of nes of up to 20,000 Qatari Riyal (app. US
$5,500) and/or imprisonment for a period of up to 2 years.
Penalties are doubled for repeat offenders.
30
31
Time Frame
Assignment shall be completed within 3 years.
Opposition
within 2 months from publication date. Extension of time for
oppositions/counteroppositions or for responding to ofce
actions is not possible.
Protection Term
Licensing
2. License agreement, legalized
3. Copy of certicate of incorporation, certied
Cancellation
A trademark is subject to cancellation by any interested
party if it can be established that the mark was unrightfully
registered.
Payment of nes of up to 2,000 Omani Riyal
(app. US $ 5,000) and /or imprisonment for a period of up to
2 years.
Use Requirements
2 Deed of Assigment, legalized
3 Copy of certicate of incorporation, certied
32
33
REGISTRATION IN MIDDLE EAST

COUNTRIES
ALGERIA
Classication
(9th edition) is followed. A single application may include
several classes.
Filing Requirements
1. A Power of Attorney in French, simply signed.
A separate power of attorney is required for each
application or set of applications
2. Copy of priority document, if priority is claimed,
certied
3. 15 prints of the mark for each application
Time Frame
The Assignment shall be completed within 2 years.
Opposition
Trademark applications are published in the Ofcial Gazette
after registration, and there is no provision for ling an
opposition to the registration of a mark.
Extension of Time
Extension of time is not possible.
Protection Term
34
6 months for late renewals with payment of a surcharge.

1. Power of Attorney in French simply signed stating
title of the signatory
2. 15 prints of the mark
3. Proof of use
Use Requirements
Use of a trademark is required for renewal only. A trademark
is vulnerable to cancellation by any interested party if there
has been no effective use of the mark for a period of 3
consecutive years after ling date.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned.
1. Power of Attorney from the assignee in French,
simply signed
2. Deed of Assigment, signed by both parties with
French translation notarized
1. Power of attorney in French simply signed
2. Certicate of change of name/address of the
applicant with French translation, notarized
Licensing
License recordal is compulsory in order to be effective
against third parties.
1. Power of Attorney in French, simply signed
2. License Agreement with French translation,
notarized
35
Marking
Marking is not compulsory
Cancellation
A trademark is subject to cancellation before the court by any
interested party within 5 years from ling date.
EGYPT
Classication
(8th edition) is followed. A separate application is required for
each class.
Filing Requirements
1. A Power of Attorney legalized. A general power of
attorney may be used for subsequent lings
certied
Time Frame
Opposition
published in the trademark Gazette. Oppositions may be led
within 60 days from publication date.
Extension of Time
Extension of time for oppositions/counter oppositions or for
Protection Term
Power of Attorney legalized.
36
37
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark. A trademark is 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.
Assignment
1.
2.
3.
4.
Power of Attorney from the assignee, legalized

Power of Attorney from the assignor, legalized
Deed of Assigment, legalized
Certicate of incorporation of the assignee,
legalized

1. Power of attorney, legalized
2. Certicate of change of name/address of the
applicant, legalized
Licensing
1. Power of Attorney from licensor, legalized
2. Power of Attorney from licensee, legalized
4. Certicate of incorporation of the licensee, legalized
Marking
Cancellation
A trademark is subject to cancellation before the court by any
interested party within 5 years from registration date.
38
IRAN
Classication
32 cannot be registered in the Iran. A single application may
include several classes.
Filing Requirements
2. Copy of home or foreign registration, certied. If
unavailable, same will be indicated on the registration
certicate
certied
Time Frame
Opposition
within 30 days from publication date.
Extension of Time
Protection Term
39
6 months for late renewals without payment of a surcharge.

Use Requirements
Marking
Marking is not compulsory.
Cancellation
Cancellation proceedings must be brought within 3 years
from registration date, after 3 years the trademark is deemed
incontestable.
Assignment
3. Original registration certicate of the mark(s) for
endorsement
2. Extract from the commercial register or any other
document evidencing this change, legalized
3. Original registration certicate of the mark(s) for
endorsement
Licensing
third parties.
2. Copy of License Agreement, legalized
40
41
IRAQ
Classication
(7th edition) is followed with local sub-classication. A single
application may include several classes and sub-classes.
Filing Requirements
certied
3. 10 prints of the mark for each application ( Arabic
transliteration is required)
Time Frame
The Assignment shall be completed within 2 years.
Opposition
published in the Trademark Bulletin. Oppositions may be led
within 90 days from the third bulletin publication date.
Extension of Time
Protection Term
and are renewable for like periods. There is no grace period
of 6 months for late renewal of a trademark.
42

Re-registration of a lapsed mark is possible within one month
from the renewal deadline.
Use Requirements
Assignment
with or without the goodwill of the business concerned unless
otherwise agreed upon.
2. Extract from the commercial register or any other
document evidencing this change, legalized
For a change of address, only a legalized power of attorney
is required.
Licensing
third parties.
43
Marking
Cancellation
if it is proved that the mark is not entitled to registration within
the provisions of the law.
JORDAN
Classication
(7th edition) is followed with local sub-classication. A separate
application is required for each class.
Filing Requirements
2. Copy of priority document, if priority is claimed, certied
3. Prints of the mark
Time Frame
Opposition
within 90 days from the publication date.
Extension of Time
responding to ofce actions is possible.
Protection Term
or from priority date if priority is claimed, and are renewable
for like periods. There is a grace period of 1 year for late
renewals without payment of a surcharge.
44
45
Use Requirements
for a period of 3 consecutive years preceding date of ling for
cancellation.
Assignment
2. Certicate of change of name, legalized
For a change of address, only a legalized power of attorney
showing new address is required.
Licensing
1. Power of Attorney, simply legalized
2. License Agreement, legalized with Arabic translation
Marking
Cancellation
within 5 years from registration date.
46
LEBANON
Classication
edition) is followed. A single application may include several
classes.
Filing Requirements
1. A Power of Attorney simply signed. A separate power
is required for each application
2.
Copy of priority document, if priority is claimed,

certied
3.
1 lm and 3 prints of the mark
Time Frame
Opposition
published in the Ofcial Gazette. Oppositions to any registered
trademark may be led before the court.
Extension of Time
Extension of time is not possible.
Protection Term
1. Power of Attorney, simply signed
2. 1 lm and 3 prints
47
Use Requirements
of a mark.
Assignment
with or without the goodwill of the business concerned. The
recordal of an assignment may be made within 3 months
after the transfer. Late recordals are possible upon payment
of a surcharge for each delay of two months
1. Power of Attorney from the assignee,simply signed
1. Power of attorney, simply signed
2. Certicate of change of name, legalized
For a change of name, no documents are required.
Licensing
1. Power of Attorney, simply legalized
Marking
Cancellation
within 5 years from ling date.
48
LIBYA
Classication
32 cannot be registered in Libya. A separate application is
Filing Requirements
1. A Power of Attorney legalized. A general power may
be used for subsequent lings
2.
Certicate of incorporation or extract from the

commercial register, legalized, with sworn Arabic
translation
3.
Copy of priority document, if priority is claimed,

certied
4.
10 prints of the mark for each application
Time Frame
Opposition
published in the Ofcial Gazette before registration.
Oppositions may be led within 3 months from the ling
date.
Extension of Time
49
Protection Term
Power of Attorney, legalized.
Use Requirements
for a period of 5 consecutive years.

2. License Agreement, legalized, with sworn Arabic
Translation
3. Certicate of Incorporation or extract from the
commercial register, legalized with sworn Arabic
Translation
Marking
Cancellation
within 5 years from the date of registration.
Assignment
2. Deed of Assigment, together with goodwill of the
business, legalized, with sworn Arabic translation
3. Certicate of incorporation or extract from the
commercial register, legalized, with sworn Arabic
translation
2. Certicate of change of name/ address from Home
Registry, legalized
Licensing
License recordal is not compulsory, but advisable in order to
50
51
SAMPLES, FORMATS AND

PROCEDURE
DEED OF ASSIGNMENT
JITENDRA INTELLECTUAL
PROPERTY
Deed of Assignment
This assignment made the

day of . 20..
Between:...................................
...................................................
............
...: ............. .......
.................................................
....................................................
............................................... of
....................................................
...................................................
....................................................
...................................................
........................................
(hereinafter
called
the
Assignor(s) of the one part and
of...............................................
.............. (hereinafter called the
Assignee(s) of the other part.
.....
:) (
.....
........................................:
:) (
Whereas the Assignor(s) is/are

the proprietor(s) of the following
trademark(s)
registered
in
under No(s).

..................
..............................................
............:
...................................................
....................................................
...................................................
....................................................
...................................................
....................................................
52
And whereas the Assignor(s)

has/have agreed with the
assignee(s) to assign, sell and
transfer the said registered
trademark(s) to the assignee(s).
Now this deed witnesses that in

pursuance of the said agreement
and in consideration of the sum
of .
the receipt of which is hereby
acknowledged, the Assignor(s)
do hereby assign and transfer
to the Assignee(s) the said
registered trademark(s) together
with the goodwill of the business
concerned in the goods in
respect of which the said
trademark(s) is/are respectively
registered.

............................................
........................
.

.

Accordingly, the said registered

trademark(s) has /have become
as from the date of this deed
the absolute property of the
Assignee(s) and their assigns
and/or
successor(s).
The
Assignor(s) and the Assignee(s)
accept the aforesaid assignment
and hereby appoint.
to
pursue
the necessary procedures to
effect the resignation of this
Deed at the Registrars Ofce
concerned.
..................................................
.................

.
53
POWER OF ATTORNEY
In witness whereof the common

seals of the parties hereto were
hereunto afxed the day and
year rst above written.
I/We..................................................................................................
Of.......................................................................................................
Assignee(s)
Assignor(s)
Have appointed Jitendra Intellectual Property- to act as my/our

agents for the registration, cancellation or renewal, amendment and
assignment of trademarks, patents, designs, copyrights or recording
license agreements and domain names belonging to me/us in the
United Arab Emirates. I/ we request that all notices, requisitions,
communications and certicates relating thereto to be sent to the
said Agent(s) at the following address, which is also my/our address
for the purpose of serving all the above :
Jitendra Intellectual Property P. O. Box 43630, Dubai,
United Arab Emirates. I/We hereby undertake to give notice to
the department(s) concerned of any change in my/ our address for
serving the notices mentioned above during the period of protection.
I/We authorize the said Agent(s) to appoint a substitute or substitutes,
to alter and amend any documents, to maintain the matter subject
hereof in force, to defend my/ our rights against oppositions and legal
proceedings, to deposit oppositions on my/ our behalf, to appoint
lawyers to represent me/us and /or defend my/our rights before any
administrative and/or legal entity, and I/we hereby conrm and ratify
whatsoever the said Agents, their substitute(s) may lawfully do. I/We
hereby revoke all previous authorizations (if any) in respect of the
same matter.
Signed in
This day of
54
55
TRADEMARK REGISTRATION PROCEDURE

IN UAE
Search
European Community Trademark (CTM)

Unfavourable
Favourable
Filing Of Trademark
Application
Stop
Initial
Inspection
Rejection
Approval From Ministry
Appeal
Paper Publication In 2
Local Newspapers
Unfavourable
Stop
Favourable
Objection
Appeal
Unfavourable
Favourable
Publication In
Website
Publication In Ofcial
Gazette Cd
Trademark
Certication
Stop
* The above process takes approximately 12 to 15 months

56
WORLDWIDE REGISTRATION
REQUIREMENTS
A CTM registration will be one trademark right covering all the

countries of the European Union namely:
15. Lithuania
1. Austria
16. Luxembourg
2. Belgium
17. Malta
3. Cyprus
18. Poland
4. Czech Republic
19. Portugal
5. Denmark
20. Slovakia
6. Estonia
21. Slovenia
7. Finland
22. Spain
8. France
23. Sweden
9. Germany
24. The Netherlands
10. Greece
25. United Kingdom
11. Hungary
26. Bulgaria
12. Ireland
27. Romania
13. Italy
14. Latvia
Requirements
1. A power of attorney signed by the applicant, indicating
the full name and position of the signatory.
2. The particulars of the applicant.
3. Prints of the mark.
4. A list of goods and/or services and the classes pertaining
thereto.
5. Translation of foreign terms is required.
6. A General Authorization form is required for international
customers.
57
ARIPO
AFRICAN REGIONAL INDUSTRIAL
PROPERTY ORGANIZATION
African Regional Industrial Property Organization is a
creation of the joint efforts of the United Nations Economic
Commission for Africa and the world Intellectual Property. The
said efforts were incarnated in the Lusaka Agreement which
was adopted by a diplomatic conference held at Lusaka,
Zambia on December, 1976. ARIPO only covers fteen
countries of English speaking Africa (Anglophone Africa) or
strictly speaking former British colonies.
ARIPO ofce administers Intellectual Property matters as
provided for in the Harare Protocol and the Banjul Protocol.
Banjul Protocol deals with trademarks. States currently
party to the Banjul Protocol are Botswana, Lesotho, Malawi,
Namibia, Swaziland, Tanzania, Uganda and Zimbabwe. Total
eight states are the members.
Tanzania and Zimbabwe. The 34 classes of the International

classication of goods are followed for Malawi and Uganda.
One application can cover more than one class.
Duration
A trademark registration shall be valid for 10 years as of
the date of registration and may be renewed for similar
consecutive period.
Renewal of Application
(a) Simply Signed Power of Attorney
(b) Prints of the trademark as originally registered
Assignments and Licensing
(a) A power of attorney simply signed
(b) A duly authenticated assignment and licensing document
The ARIPO regional system provides choice as to the route

of ling applications namely, the member state route and the
ARIPO ofce route. An applicant may le a single application
either at one of the contracting state ofce or directly to
ARIPO ofce. An applicant whichever route he chooses has
the right to designate in his application any or all members of
ARIPO where he wishes his intellectual property right to be
protected. Language used is English.
Classication
The 42 classes of the International classication of goods
and services are followed for Botswana, Lesotho, Namibia,
58
59
MADRID SYSTEM FOR INTERNATIONAL

REGISTRATION OF TRADEMARKS
Madrid System functions under the Madrid Agreement
(1891) and the Madrid Protocol (1989). It is administered by
the International Bureau of the World Intellectual Property
Organization (WIPO) located in Geneva, Switzerland. The
Madrid system offers a trademark owner the possibility to
have his trademark protected in several countries by simply
ling one application directly with his own national or regional
trademark ofce. An international mark so registered is
equivalent to an application or a registration of the same
mark effected directly in each of the countries designated
by the applicant. The Madrid system also simplies greatly
the subsequent management of the mark, since it is possible
to record subsequent changes or to renew the registration
through a single procedural step. The total number of member
countries to the Madrid System is 84 of which majorities
are members to the Madrid Protocol (http://www.wipo.int/
export/sites/www/treaties/en/documents/pdf/madrid_marks.
pdf) Among the GCC Countries Bahrain and Oman are the
member countries in Madrid Protocol.
TRADEMARK REGISTRATION IN INDIA

India follows the 8th edition of NICE classication, but the
Registry is currently not equipped to accept services in class
43, 44 & 45. Hence these services will fall under class 42 for
the present. This class is therefore looked upon as a residual
class of sorts.
Filing Requirements
1. A simple signed Power of Attorney
2. Name(s), nationality, occupation and address of the
applicant(s)
3. 10 copies of the mark
4. A certied priority document or a copy of it duly notarized,
if priority is to be claimed
5. From which date (or month of the year or yesr) the mark
is being used in India. If not used in India, mention
proposed to use
Time Frame
The Assignment shall be completed within 18-20 months.
The objectives of the Madrid system are two- fold. Firstly, it

helps in obtaining protection for trademark internationally.
Secondly, since an international registration is equivalent to a
bundle of national registrations, the subsequent management
of that protection is made much easier.
Opposition
Under the Trademark law opposition to the registration of a
mark can be led on the ground that it is identical or similar
to an earlier registered trademark and also that the goods
specication of both the marks are similar or identical.
The Madrid System of international registration cannot be

used by a person or legal entity which does not have the
necessary connection, through establishment, domicile or
nationality, with a member of the Madrid System. Nor can it
be used to protect a mark outside the Madrid Union.
Protection Term
The registration when granted is valid for a period of 10 years
from the date of registration (i.e. the date of application)
60
61
Renewal of Trademark/Service Mark

1. A simple signed Power of Attorney
2. The trademark registration number and the mark
registered along with a copy of the registration certicate
Assignment
1. A simply signed Power of Attorney
2. Trademark Application/registration number and the mark
proposed to be registered
3. A notarized copy of assignment deed signed by the
assignor and the assignee
LIST OF COUNTRIES SERVED BY US

GCC
UAE
Bahrain
KSA
Kuwait
Oman
Qatar
ARIPO
Botswana
Lesotho
Namibia
Swaziland
Tanzania
Uganda
Zimbabwe
Middle East
Algeria
Egypt
Gaza Strip
Iraq
Jordan
Lebanon
Libya
Morocco
Sudan
Syria
Tunisia
West Bank
Yemen
Iran
Turkey
Asia
China
Malaysia
Singapore
Thailand
Pakistan
Bangladesh
Sri Lanka
Afghanistan
South Korea
Indonesia
Japan
4. Name, Adress, nationality and professionor nature of

business of the assignee
5. Whether the assignment is with or without the goodwill
of the business. If it is with or without the goodwill of
the business, it has to be registered with the Trademark
Registry within six months from the assignment deed
Change of Name
1. A simple signed Power of Attorney in the new name and
address
2. A notarized copy of the change of name certied issued
by the competent authority
62
63
EUROPEAN COUNTRIES
Austria
Belgium
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
The Netherlands
United Kingdom
Bulgaria
Romania
Other European Countries

Russia
Ukraine
Latin American Countries

Brazil
Argentina
Ecuador
Honduras
Jamaica
Peru
Mexico
Panama
Other Countries
USA & Canada
Australia
New Zealand
FOR MORE DETAILS, PLEASE VISIT OR

CONTACT US ON:
www.jcatrademarkuae.com
Email: legalip@jitendragroup.ae
64
Disclaimer
Trademark Registration Pocket Book Middle East, 2010 is designed only for the
information of readers. While every effort has been made to ensure accuracy, some
information that may be relevant to a particular reader may not be comprehensive or
may have been omitted.
This book is not intended as a study of all aspects of the Trademark Registration.
The book is not a substitute for reading the standard when dealing with points of
doubt or difculty.
No responsibility for loss to any person acting or refraining from acting as a result or
any material in this publication can be accepted by Jitendra Intellectual Property or
JCA International. Receipients should not act on the basis of this publication without
seeking professional advice.
65
66

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Contents

Trademark Registration Pocket Book, Middle East, 2010

What is a service mark?

What is a certication mark?

What is a collective mark?

Trademark Registration Pocket Book, Middle East, 2010

Other forms of intellectual property

Why register a trademark?

patents cover new inventions (process, machine,

To create Trademark Value (Goodwill), an active

To protect the Internet domain name.

What are classes?

How do I know in which class (es) to register?

What happens if oppositions arise?

Trademark Registration Pocket Book, Middle East, 2010

In what countries should I register my trademark?

10. Who can register a trade-mark?

13. Can the assignment of an application be recorded?

Trademark Registration Pocket Book, Middle East, 2010

trademark, as registration will reinforce the position of

19. What is Trademark Infringement?

Trademark Infringement is a violation of exclusive rights

Trademark Registration Pocket Book, Middle East, 2010

dental wax; disinfectants; preparations for destroying vermin;

instruments, articial limbs, eyes and teeth; orthopedic

CLASS 6 (Metal goods)

CLASS 11 (Environmental control apparatus)

CLASS 8 (Hand tools)

Trademark Registration Pocket Book, Middle East, 2010

in extruded form for use in manufacture; packing, stopping

CLASS 23 (Yarns and threads)

CLASS 18 (Leather goods)

CLASS 19 (Nonmetallic building materials)

Trademark Registration Pocket Book, Middle East, 2010

not included in other classes; living animals; fresh fruits and

CLASS 40 (Treatment of materials)

CLASS 34 (Smokers articles)

CLASS 43 (Hotels and Restaurants)

CLASS 44 (Medical, beauty & agricultural)

Trademark Registration Pocket Book, Middle East, 2010

JURISDICTIONS AND REGISTRATION

6. Memorandum and Articles of Association (Notarised

Trademark Registration Pocket Book, Middle East, 2010

Change of Name/Address Application

Trademark Registration Pocket Book, Middle East, 2010

Trademark Registration Pocket Book, Middle East, 2010

Trademark Registration Pocket Book, Middle East, 2010

Trademark Registration Pocket Book, Middle East, 2010

Change of Name/Address Application

Trademark Registration Pocket Book, Middle East, 2010

Extract from the commercial register or any other

Trademark Registration Pocket Book, Middle East, 2010

Fines and Penalties:

Trademark Registration Pocket Book, Middle East, 2010

Trademark Registration Pocket Book, Middle East, 2010

REGISTRATION IN MIDDLE EAST

6 months for late renewals with payment of a surcharge.

Trademark Registration Pocket Book, Middle East, 2010

Trademark Registration Pocket Book, Middle East, 2010

Power of Attorney from the assignee, legalized

Change of Name/Address Application

Trademark Registration Pocket Book, Middle East, 2010

6 months for late renewals without payment of a surcharge.

Trademark Registration Pocket Book, Middle East, 2010