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Everything To Know About The New Trademark Law In Dubai

Everything To Know About The New Trademark Law In Dubai, UAE, In 2022

Over the years, the definition and understanding of a trademark have been prolonged, and the non-conventional and formerly-used trademarks have been given more meaning and explanations. Today’s businesses or individual entities can easily apply for their 3D holograms and voice trademarks. Moreover, the filing of multi-cases trademarks law also becomes possible with this. Earlier, UAE’s legal system has only worked on a single class filing process, which has now been elevated. And Mai Alfalasi – the leading advocate and legal consultancy in Dubai, helps in trademark services in regards to the new law.

On 20th September 2022, the President of the United Arab Emirates issued decree No. 36 of 2022, particularly in connection with the law for trademarks. However, the law affected from the 2nd January 2022. The introduction of this law for trademarks, the previous implemented and affected Federal Law No. 37 of 1992, and all of the amendments it has undergone have been canceled. Nevertheless, it is important to note that all the previous filed and applied cases will be solved and dealt with by the former law, and no retrospect will happen.

What is a Trademark?

According to Article 2 of Law No. 36 of 2021, the trademark for any business is a legal representation that protects the specific, unique name, logo, and symbols pertaining to your products or business brands. In Dubai and other cities of the United Arab Emirates, the meaning and function of a trademark are more or less the same.

Any trademark is the distinctive mark that includes the words, symbols, names, letters, signatures, drawings, simple colors, combinations, numbers, engravings, shapes, pictures, or figurative elements that, with a set of perfect design and color combination gives a unique meaning and representation for your business or enterprise anywhere in the world.

Moreover, a trademark can also contain a three-dimensional hologram depicting any specific mark or symbol used to distinguish goods or products. Further, any undertaking that includes an olfactory mark (smell mark) also comes into the umbrella of a trademark according to the newly announced and imposed rule.

Types of Trademarks in Dubai

Now that we have learned what a trademark is, the next step is to understand the types of brands in Dubai for small, medium, or large-scale enterprises. The trademarks have a particular set of subtypes that divides them and better explains them following different businesses. Having said this, here are the five major types of trademarks that can best be used in regards to your business type or category;

Arbitrary and Fanciful Trademarks

Arbitrary and fanciful trademarks are the typical ones that are on a distinctive spectrum. The purpose of their creation is for certain brands for which the existing words or designs are used for context to represent a specific product. An example of it can be taken for a brand ‘Kodak.’

Suggestive Trademarks

The second is a suggestive trademark used to design to encourage a customer’s imagination and create specific characteristics of a product. An example of it can be understood from the leading brands like Jaguar and Greyhound.

Descriptive Trademarks

Descriptive trademarks are another type of trademark used for business and used at the bottom of the packaging for describing and explaining any goods and services.

Generic Trademark

Moving on to another, we have a Generic Trademark that is generally applied and used by commonly operated businesses. It is usually composed of a single phrase describing the business itself.

Suggestive Trademark

A suggestive trademark is one of the classes of trademarks that commonly explain the business, its goods, services, etc. the intent of creating a figurative trademark for your business is to protect your business of name without having a second meaning.

Everything To Know About The New Trademark Law In Dubai
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Everything To Know About The New Trademark Law In Dubai

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