Insights into easier access to trademark protection in the UAE – a boon for our UK clients

The UAE became a member of the Madrid Protocol (MP) on 28 December 2021. The addition is significant for countries looking to protect their trademark rights in the Middle East, and represents considerable progress for the UAE in consolidating IP practices. The MP (International Registration) system allows companies and individuals to seek trademark protection in up to 125 member territories by filing a single application.

Before joining, the only way to file a trademark application in the UAE was through a direct national application, which was costly and had strict requirements for legal supporting documentation. A Madrid application can save an average of 25-40% on the cost of filing a national direct application; this, combined with the option to designate multiple regions under a single application, with a single payment to the applicant’s national office, provides cost-effective and streamlined administration . The benefits also extend to post-registration, with a centralized 10-year post-submission renewal system and the opportunity to ‘add’ territories to the register at a later date.

It must be said that the system is not without its drawbacks. If opposition is encountered during the examination of the application in any of the designated territories, the cost-effectiveness can be quickly lost by the need to appoint a local agent. Also, in addition to the centralized maintenance system of WIPO (World Intellectual Property Organization), designated regions may also have individual maintenance requirements, which must be complied with.

Regardless, the addition of the MP system to the UAE’s IP infrastructure marks a major step towards a new economic model based on the value of knowledge in the country. The global nature of the MP system encourages businesses and individuals to expand their economic and intellectual horizons in a way that was previously unavailable to most in and outside the UAE. This will add significant value to countries that encourage invention and innovation, which require protection of the resulting intellectual property rights.

As the UAE becomes a party to the MP system and the likelihood of individuals and businesses seeking to protect their marks in the region increases, local registration requirements should be considered. It should be noted that the registration of trademarks in English characters does not necessarily prevent the registration of identical or similar trademarks in Arabic characters. This can be of particular importance in the field, as the branding of products and businesses is often bilingual – English and Arabic. Another important consideration is the country’s religious background. As an Islamic country, it may often be necessary to adapt the brand to fit local cultural norms and sensitivities. For example, trademark protection cannot be sought for pork products, gambling services or alcohol.

In conclusion, with the MP system now offering a more cost-effective and accessible option for businesses and individuals seeking to protect and expand their trademark rights in the UAE, now is the time to consider trademark registration in the region.