Laws & Regulations
Ministerial Decision No. (6) of 1993 On the Implementing Regulation of Federal Law No. (37) of 1992 On Trademarks
Preamble
* Amended by Ministerial Decision No. (68) of 2001 dated 02/05/2001
The Minister of Economy and Trade,
Pursuant to the perusal of the Federal Law No. (1) of 1972 Regarding the Jurisdictions of the Ministries and the Competences of the Ministers and the amending laws thereof; and
The Federal Law No. (37) of 1992 On Trademarks; and
Acting upon the proposal of the Undersecretary,
Has decided:
Title I. Definitions
Article (1)
In the implementation of the provisions hereof, the following terms and phrases shall have the meanings assigned for each of them unless the context requires otherwise:
The State: The United Arab Emirates State.
The Ministry: The Ministry of Economy and Commerce.
The Minister: The Minister of Economy and Commerce.
The Law: The Law on Trademarks.
The Mark: The Trademark.
The Register: The Trademarks Register.
The Department: The Trade Control Department.
The Committee: The Trademark Committee provided for in Article (13) of the Law.
The Competent Authority: The competent authority in the concerned Emirate.
Article (2)
The Ministry's Department shall have jurisdiction to apply the Trademarks Law and its Implementing Regulation and the collection of the prescribed fees.
Article (3)
The application for trademark registration shall be submitted, on the form designed for this purpose, to the Department by the Mark owner, if he is domiciled in the State, or through a licensed law office in the State. The copy of the Mark to be registered shall be affixed in the space reserved for this purpose in the form.
Article (4)
The application should be restricted to the registration of one mark and in one of the classes of products, goods or services stated in Annex No. (1) attached to this Regulation.
Article (5)
The application for registration must include the following data:
1) Name, surname, profession and trade name, if any, of the applicant; and if the latter is a company, its name, style, form, and object.
2) The applicant's nationality, place of residence and the kind of trade.
3) The Mark subject of registration.
4) Statement of the goods, products or services for which the mark shall be registered, with mention of the class number in which they are included.
5) The locality in which is situated the trade shop or the exploitation project using, or planning to use, the Mark to distinguish its goods, products or services.
6) The elected place of residence, if any, in the United Arab Emirates at which shall be addressed the correspondences and documents relating to the registration.
7) Signature of the applicant or his representative and, if the application is submitted by a company or establishment, the signature of its authorized representative.
Article (6)
Where the applicant for registration owns a group of Marks, similar in their basic elements and the difference between them is restricted to matters which do not materially alter their essence, to be registered on goods, products or services falling in one of the classes stated in Annex No. (1), then this group of marks may be included in one application for registration.
Article (7)
The following should be attached to the application for registration:
1) Ten copies of the Mark, conform to the sample affixed on the application for registration.
2) The Power of Attorney, duly authenticated, if the application is submitted by a law firm on behalf of the concerned principal.
3) A certificate of registration in the commercial register, or an equivalent substitute, in or outside the State.
4) A certificate of registration of the Mark in any foreign country, should a special priority is claimed, if any.
Article (8)
Where the Mark subject of registration includes one or more words written in a foreign language, it should be accompanied with a certified Arabic translation.
Title II. Registration Procedures
Article (9)
Applications for registration shall be recorded in a special register kept in the Ministry, called (Register of Applications Deposit), in serial numbers according to the date of their deposit. The applicant shall be given a receipt evidencing the receipt of the application and containing the following data:
1) The serial number of the application.
2) Name and place of residence of the applicant.
3) Date and hour of depositing the application.
4) Class of products, goods or services concerning the application.
5) Statement of documents annexed to the application.
Article (10)
The Department shall examine the application for registration and ascertain that the Mark, applied for its registration, is not conform or similar to a Mark already registered or applied for its registration, or is not prohibited by the Israeli Boycott Bureau at the Ministry. The Department must ascertain that the approval of the Minister has been secured as concerns Marks specifically used to show that specific products have been controlled or examined.
Article (11)
The Department may, prior to the settlement of the application for registration, ask the applicant or his representative (the law firm) to submit whatever considered by it as necessary information or impose on him whatever conditions it sees fit for the acceptance of the application. The Department may also ask the applicant to introduce the amendments it deems necessary on the Mark in order to delimit and clarify it in such a way as to avoid confusion with another Mark already registered or applied for its registration.
Article (12)
Should the Department decide the rejection of the application or subject its acceptance to restrictions or modifications, it must notify the applicant, in writing, of the reasons for such decision. The notification must mention the applicant's right to submit a grievance to the Committee as well as the delays and procedures pertaining thereto.
Article (13)
Where a grievance is submitted to the Committee, the Department shall notify the applicant for registration of the date set for the examination of his petition by the Committee and shall convoke him to appear before it to make his statement, provided that the said notification reaches him ten days at least prior to the date fixed for the meeting. The notification should be addressed to the applicant by registered mail, fax or telex.
Article (14)
In case the petition is rejected by the Committee, the applicant may appeal the Committee's decision to the competent civil court within sixty days as of his notification of the Committee's rejection of the grievance submitted by him.
Article (15)
The applicant is considered having relinquished his application should he fail, within the prescribed delay, to complete the information or fulfill the conditions required by the Department or if he does not challenge the Committee's decision within the delay fixed in the notification addressed to him in this respect.
Article (16)
Should the application be accepted, the Department must, prior to the registration of the Mark, publish the following relative information in the Official Gazette and in two dailies issued in the State, on the applicant's expense:
1) Name, nationality, profession and domicile of the applicant for registration.
2) A true copy of the Mark.
3) The serial number of the application for registration.
4) Goods, products or services for which the registration of the Mark has been applied, together with specifying the class to which they belong.
5) The location of the trade shop or the exploitation project using or purporting to use the Mark in order to distinguish his goods, products or services.
Article (17)
Within thirty days from the date of the last publication of the Mark, any interested person may, in person, file a written opposition with the Department or send it by registered mail.
The Department shall notify the applicant for registration a copy of the opposition to his application, within fifteen days from the receipt thereof.
Article (18)
The applicant for registration is considered as having relinquished his application if he does not submit to the Department a written answer to the opposition mentioned in the preceding Article within thirty days as of the date of his notification thereof.
Article (19)
The Department must hear any of the parties, as concerns the object of the opposition, should he ask to be heard, after which the Department shall give his decision rejecting or accepting registration or conditioned the acceptance on whatever restrictions or conditions it deems fit.
Article (20)
Every interested person may file a grievance with the Committee against the Department's decision, within fifteen days as of the date of its notification to him. Should the Committee reject his grievance, he shall be entitled to appeal this decision before the competent court within thirty days from the date of his notification thereof.
Article (21)
The Department shall keep a trademark register, reserving one page for each trademark in which shall be recorded the following:
1) The serial number of the Mark and a copy thereof.
2) Date of filing the application for registration of his Mark and the date of registration.
3) Name, surname, nationality, place of residence and his trade name, if any, of the trademark owner. Where the applicant is a company, its name or style, object and seat of its management.
4) Goods, products or services for which the Mark was registered as well as the class in which it is registered.
5) The elected residence in the State at which shall be addressed the writings and correspondences concerning the registration.
6) The location of the trade establishment or the project reserved for the Mark to distinguish its goods, products or services.
7) Restrictions imposed by the Department in order to accept registration.
8) Any modifications occurring to the Mark subsequent to its registration.
9) Transfer of title or mortgage of the Mark.
10) Cancellation of the mortgage inscription.
11) Renewal of the Mark or its deletion.
12) License to use the Mark, its duration, and deletion.
Article (22)
In the same page, shall be recorded each of the related Marks thereto with mention of the indication of such connection, the serial number of the other marks connected thereto.
A page shall be reserved for the registration of the group of marks stated in Article (6) of this Regulation in which shall be made a mention of the Marks constituting this group and that they are connected marks.
Article (23)
Where a Mark has been registered without specification of a specific color for all or part of it, its registration shall be considered for all colors.
Article (24)
Subsequent to the completion of registration and payment of the fees, the Mark owner shall be provided with a certificate to be issued in accordance with the form prepared for this purpose.
Article (25)
Within thirty days as of the date of registration, the Department shall inform the competent authority in each Emirate, the Union of the Chambers of Commerce, and the Chambers of Commerce and Industry in the State, of the name of the Mark owner and the data mentioned in the registration certificate. The above authorities shall keep a special register in which shall be recorded the data provided by the Ministry and mentioned in the registration certificate referred to in Article (24) of this Regulation. A page in this register shall be reserved for each Mark.
Title III. Modifications and Additions Occurring to Registration
Article (26)
The mark owner, who wishes to introduce any amendment or addition to his registered mark without materially affecting its substance, has to submit to the Department, an application on the form prepared for this purpose, to which he will attach ten copies of the mark after its modification. The Department shall examine the application in accordance with the conditions and rules concerning original applications for registration. The said application shall, as concerns deciding upon the grievance and appeal against it, be subject to the same means and procedures applied to the original application.
Article (27)
The owner of the Registered mark may ask to record in the Register the following entries:
1) Change of name, surname, profession and nationality of the owner and, in case it is a company, every change occurring to the name, address or object thereof.
2) Deleting some goods, products or services reserved for this mark.
3) Change of the elected place of residence for receiving correspondences and papers concerning registration.
Where the entries to be recorded concern related marks, a single application would suffice to record this change in the pages reserved for these marks.
Article (28)
Any process adjudicated by a decision from the competent court shall be recorded in the Register.
Article (29)
The Department shall be responsible for recording the marks in the Register and publishing them in the Official Gazette after payment of the publication fees. The recorded information shall include the serial number of the mark, the name of its owner, the modifications or changes introduced, together with the number of the Official Gazette issue in which the registration of the mark was published.
The Department shall inform the competent authority in each emirate, the Union of Chambers of Commerce and Industry, and the Chambers of Commerce and Industry in the State, of the change or modification within thirty days from its occurrence.
Title IV. Renewal of Registration of the Mark
Article (30)
The application for renewal of the protection period, resulting from registration, shall be submitted to the Department, on the form provided for this purpose, within the last year of the period of protection of the mark, to which shall be attached the registration certificate and the instrument indicating payment of the renewal fees.
Article (31)
Within the month following the expiry of the period of protection, the Department shall notify its owner, in writing, at the address recorded in the Register, of the expiry of the protection period. The latter shall have, within three months following the date of expiry of the protection period, to file the renewal application in the manner stated in the preceding Article.
Article (32)
The accepted renewal applications shall be approved without any further examination and without allowing any opposition to renewal, if it is submitted within the periods and according to the procedure referred to in Articles (30) and (31) of this Regulation.
Article (33)
The renewal of registration of the mark shall be published in the Official Gazette, and in two dailies issued in the State, at the expense of its owner provided the publication shall include the following data:
1) The serial number of the mark.
2) Name, profession and place of residence of the owner and, if a company, its name, address, and object.
3) Date of registration of the mark.
Title V. Deletion of Registration
Article (34)
The owner of a trademark, wishing to delete its registration on all or part of the goods, products or services on which it was registered, shall have to submit to the Department an application on the form prepared for this purpose. Should it appear from the Register that a license for use of the mark has been previously issued, the deletion shall not take place except upon a written approval from the licensee, unless the license contract stipulates for an express approval from the licensee to surrender his license.
Article (35)
The Department shall effect the deletion of the mark in the following instances:
1) If registration has not been renewed according to Article (19) of the Law.
2) Upon application from its owner according to Article (20) of the Law; the deletion to take effect as of the date of the application.
3) Upon issuance of a final judgment from the competent court declaring that the mark was unduly registered.
4) Upon issuance of a judgment from the competent court deleting the mark for unjustified non-use during five consecutive years in accordance with Article (22) of the Law.
5) By decision of the Minister based on a letter sent by the Israeli Boycott Bureau in the United Arab Emirates in accordance with Article (24) of the Law.
Article (36)
The Department shall make an inscription of the deletion in the Register and publish it in the Official Gazette provided it includes the following information:
1) The serial number of the mark.
2) The name, profession and place of residence of its owner and, if a company, its name, address, and object.
3) The number of the Official Gazette in which the registration is published.
4) The reason for deletion and the date of its occurrence.
The Department shall inform the competent authority in each Emirate, the Union of Chambers of Commerce and Industry and the Chambers of Commerce and Industry in the State, of the deletion within thirty days from its occurrence.
Title VI. Transfer of Ownership and Mortgage of the Mark
Article (37)
Inscription in the Register of the transfer of ownership of a legally transferable mark upon an application submitted to the Department from whoever acquired ownership thereof or from his proxy (a law firm).
The application shall be written on the form prepared for the purpose and shall include the following information:
1) The serial number of the mark.
2) Name, surname, and profession of the transferor and the transferee as well as his trade name and, if one or both of them is a company, the company's name, address and object of its constitution.
3) Place of residence and nationality of the applicant.
4) Goods, products or services distinguished by the mark as well as the class to which they belong.
5) The locality where the trade premises or the exploitation project protected by the mark are situated.
6) The ownership transfer title and its date.
Article (38)
* As amended by Ministerial Decision No. (68) of 2001 dated 02/05/2001:
Shall be attached to the application referred to in the preceding Article, the documents evidencing the transfer of ownership of the mark.
Article (39)
It is not allowed to submit an application for the transfer of ownership of a mark, considered as a related mark under Article (6) of this Regulation, independently from the other marks related thereto.
A single application may be submitted to enter in the Register an inscription showing the transfer of ownership of these marks.
Article (40)
The Department shall enter in the Register an inscription to the effect that ownership of the mark has been transferred, together with the name of the new owner, his profession, address, the reason for such transfer, the date of its occurrence and the date of inscription in the Register.
Article (41)
The transfer of ownership of the mark shall be published in the Official Gazette and in two dailies, at the expense of the applicant, and shall include the following information:
1) The serial number of the mark.
2) Date of its registration, number, and date of the Official Gazette issue in which the registration was published.
3) Goods, products or services for which the mark is reserved.
4) Name of the previous owner of the mark.
5) Name, nationality, and profession of the person to whom its ownership has been transferred.
6) Dates of transfer of ownership and of its inscription in the Register.
Article (42)
Inscription of the mortgage of the mark in the Register shall be done in accordance with the procedures and conditions of transfer of its ownership. This shall be done upon an application to be submitted by the mortgagee/creditor on the form prepared for the purpose and publishing the mortgage in the Official Gazette and in two dailies together with the information provided for in Article (41) of this Regulation.
Article (43)
The mortgage inscription shall be deleted upon an application submitted by the owner of the trademark to the Department on the form prepared for this purpose accompanied by the documents evidencing the foreclosure of the mortgage.
Deletion of the inscription must be made public through publishing it in the Official Gazette on the applicant's expenses. The publication should include the number and date of the Official Gazette issue in which the mortgage of the mark was published.
Title VII. Contracts Licensing the Use of the Trademark
Article (44)
A license of the use of a trademark may be given to one or more persons for all or part of the goods, products or services covered by said mark provided it is evidenced in a written and authenticated contract and for a period not exceeding the protection period of the mark itself.
Article (45)
* As amended by Ministerial Decision No. (68) of 2001 dated 02/05/2001:
The license shall be published in the Official Gazette and in two dailies, at the applicant's expense, and should include the following information:
1) The serial number of the mark.
2) Date of registration of the mark as well as the number and date of the Official Gazette issue in which the registration was published.
3) Goods, products or services registered and licensed for use.
4) Name, surname, profession and nationality of the trademark's owner.
5) Name, surname, profession and nationality of the licensee.
6) Date of the license for use of the mark and date of its inscription in the Register.
Article (46)
Inscription of the license shall be cancelled upon application of the owner of the mark, or the beneficiary of the license, to the Department on the form prepared for the purpose.
Evidence of the expiration or cancellation of the license should be attached to the application.
Article (47)
The Department must hear any of the two parties as concerns the subject-matter of the opposition, if so requested by any of them, within fifteen days as of the receipt of the request, after notifying the other party in the license of the contents of the application for deletion explaining to him that he has the right to file an opposition against the application for deletion within thirty days from the date of receiving the notice, otherwise his right to the opposition shall abate.
Article (48)
The Department must hear any of the two parties as concerns the subject-matter of the opposition, if so requested, after which it shall reach a decision, either to reject or to accept the opposition.
Article (49)
Any of the two parties shall be entitled to file a grievance with the Committee, against the Department's decision, within fifteen days as of the date of his notification thereof. They shall also be entitled to appeal the Committee's decision before the competent court within thirty days as of his notification of the said decision.
Article (50)
In the event of non-opposition to the deletion of the license, or of the issuance of a final decision approving the deletion, the Department shall delete the inscription of the license from the Register and mention the reason for this and the date of its occurrence. The applicant shall be notified, in writing, that the deletion has been effected.
Article (51)
The Department shall publish the deletion of the license in the Official Gazette, at the expense of the applicant, mentioning the number and date of the Official Gazette in which was published the license to use the mark.
Title VIII. Marks Allocated for the Evidence of the Control or Inspection of Specific Products
Article (52)
Applications for the registration of marks allocated for the evidence of the control or inspection of specific products shall be submitted on the form prepared for this purpose accompanied with the following documents:
1) Ten copies of the mark conform to the copy affixed on the application for registration.
2) Two official copies of the Statutes of the juridical person, charged with the control or examination, mentioning the amendments entered thereto.
3) The Minister's approval for registration of the mark.
4) Two copies of the list of goods, products or services for which this mark is used in their examination, specifying their characteristics and quality.
5) The statement identifying the persons who shall use this mark.
6) Two copies of the rules adopted, by the applicant for registration, in the control and examination operations, and mentioning the amendments entered on these rules.
Article (53)
Registration of the marks provided for in this Title shall be done in a special section of the Register under the same conditions and rules followed in the registration of the other marks.
Article (54)
Publication of these marks shall be accompanied with a summary of the rules followed by the applicant in the control or examination operations.
Article (55)
Any modification entered by the owner of this mark to these rules must be declared to the Department and recorded in the section of the Register reserved for these marks and shall be advertised through the same procedures followed as concerns the other marks.
Article (56)
The owner of this mark may use it in person and he is bound to authorize other persons entitled, under these rules, to use the mark if they so request.
Article (57)
The transfer of ownership of the mark is subject to the approval of the Minister who may cancel the registration of the mark if it is revealed that the owner thereof refuses to authorize its use by third persons entitled to use it, according to these rules, if they so request.
Article (58)
The other conditions and rules concerning these marks shall be the same conditions and rules, set forth in this Regulation, that apply to the other marks provided for in the Law.
Article (59)
All competent authorities, each within its jurisdiction, shall implement the provisions of this Decision.
Article (60)
The present Decision shall be published in the Official Gazette and shall come into force as of the effective date of the Federal Law No. (37) of 1992 On Trademarks.
Promulgated in Abu Dhabi
On 2 February 1993
Corresponding to 10 Sha'aban 1413 H.
Said Ahmed Ghabbash,
Minister of Economy and Commerce
Annex No. (1)
Classes of Goods
Class 1
Chemicals used in industry, researches, scientific experiments and photography as well as agriculture, horticulture and forestry, manures (natural and industrial), fire extinguishing materials, tempering and soldering preparations, chemical substances for preserving foodstuffs, tanning substances, adhesives used in industry.
Class 2
Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, dyeing substances, mordants, resins, metals in foil or powder form used in chiseling and decoration.
Class 3
Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, and toothpaste.
Class 4
Oils and greases for industrial use (other than oils and greases for nutrition and essential oils), lubricants, dust absorbing, wetting and binding compositions, fuels including mineral oils (motor spirit), illuminants, candles and wicks for lighting.
Class 5
Pharmaceutical and veterinary preparations, sanitary preparations, food for babies and sick persons, plasters, material for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, vermicides.
Class 6
Common metals and their alloys, metal buildings materials, bells, building metals hammered and non-hammered, materials of metal for railway tracks, chains (other than chains for towing land vehicles, non-electric cables and wires of common metal, ironmongery related to locks manufacturing, metal pipes and tubes, safes and cash boxes, steel bearings, common and screw nails, other common metal products (not included in other classes) made of non-precious materials, raw minerals.
Class 7
Machines and machine tools, motors and engines (except for land vehicles), coupling and transmission components (except for land vehicles), big agricultural machines and tools, incubators for eggs.
Class 8
Hand tools and implements (hand-operated), cutlery, side arms.
Class 9
Scientific, nautical, surveying, electric (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments, automatic vending machines and mechanisms for coin-operated apparatus, apparatus for recording, cash registers and calculating machines, fire extinguishing apparatus.
Class 10
Surgical, medical, dental and veterinary apparatus (including those for artificial limbs, eyes, and teeth).
Class 11
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
Class 12
Vehicles, apparatus for locomotion by land, air or water.
Class 13
Firearms, ammunition and projectiles, explosives, fireworks.
Class 14
Precious metals and their alloys and goods in precious metals or coated therein (other than cutlery), jewelry and precious stones, horological and chronometric instruments.
Class 15
Musical instruments (except voice recorders and wireless apparatus).
Class 16
Paper, cardboard and goods made from these materials, printed matters, newspapers, periodicals and books, bookbinding material, photographs, stationery, adhesives for stationery, artists' materials (paint brushes, typewriters, office requisites (except furniture)), instructional and teaching material (except apparatuses), playing cards, typographic material and printing blocks.
Class 17
Rubber, gutta-percha gum, tiles or substitute made out of it and not included in other classes, materials used in packing, stopping or insulating, asbestos, mica and their by-products, flexible pipes (not metal).
Class 18
Natural tanned or coated leather, synthetic leather and material made from these and not included in other classes, animal skins, hides, trunks and traveling bags, umbrellas, parasols and walking sticks, whips, horse harness and saddlery.
Class 19
Building materials, natural or manufactured stones, cement, lime, gypsum, gravel, nonmetallic rigid pipes, materials used for road construction, asphalt, pitch, bitumen, tar, transportable buildings, stone monuments and chimneys.
Class 20
Furniture, mirrors, picture frames, goods (not included in other classes) made from wood, cork, reed, cane, wicker, horn, bone, ivory, whale bone, shell, amber, mother-of-pearl, meerschaum, sea foam, celluloid or substitutes thereof.
Class 21
Small household utensils and containers (not of precious metal or coated therewith), combs and sponges, brushes (except paint brushes), brush making materials, articles for cleaning purposes (cleaning steel wool), glassware, porcelain and earthenware (not included in other classes), raw fiber textile materials.
Class 22
Ropes, string, nets, tents, awnings, tarpaulins (sails, sacks and bags, padding and stuffing materials: hair, capoc, feather, sea grass and others).
Class 23
Yarns and threads.
Class 24
Textiles, bed and table covers, textile fabrics not included in other classes.
Class 25
Clothing, footwear of all kinds and slippers.
Class 26
Lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles and artificial flowers.
Class 27
Carpets, rugs, mats and matting linoleum and other materials for covering room floors and decorative wall hangings (non-textile).
Class 28
Games and playthings, gymnastic and sporting articles (other than clothes), special decorative items and decorations for Christmas trees.
Class 29
Meat, fish, poultry and game, meat extracts, preserved, dried and cooked fruits and vegetables, jellies, jam of all kinds, eggs, milk and other milk products, edible oils and fats, preserved food and pickles.
Class 30
Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitute, flour and preparations made from cereals, bread, biscuits, cakes, pies and pastries, ices, honey, molasses, yeast, baking powder, salt, mustard, pepper, vinegar, sauces, spices, ice.
Class 31
Agricultural, horticultural and forestry products and grains (not included in other classes), live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt.
Class 32
Mineral and aerated waters and other nonalcoholic drinks, syrup and other preparations used in non-alcoholic drinks.
Class 33
Raw or manufactured tobacco, smokers' articles and matches.
Classes of Services
Class 34
Advertising and commercial acts.
Class 35
Insurance and financial affairs.
Class 36
Building construction, installation, and repair services.
Class 37
Communication and telecommunications.
Class 38
Transport and storage.
Class 39
Treatment of materials.
Class 40
Education and entertainment.
Class 41
Sundries.
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