UAE Trademark Law: Federal Decree-Law No. 36 of 2021 Explained

Trademarks in the UAE are governed by Federal Decree-Law No. 36 of 2021 on Trademarks, in force since 2 January 2022, and its Executive Regulations. It replaced the 1992 law and aligned the UAE with the Madrid Protocol, added non-traditional marks and tightened enforcement. The Ministry of Economy & Tourism (MoET) administers it through a single federal register covering all seven emirates, including free zones.

What can be registered

A trademark is any sign that distinguishes the goods or services of one business from another. The law expressly allows:

• Words, names, signatures, letters, numbers and slogans
• Logos, drawings, symbols, labels and packaging
• Colours and colour combinations
• Three-dimensional shapes
• Sound and smell marks (new in the 2021 law)
• Hologram marks

What cannot be registered (absolute grounds)

• Signs with no distinctive character, or that merely describe the goods (e.g. "Fresh Bread" for a bakery)
• Marks contrary to public order or morals, or offensive to religious sentiment
• Flags, emblems, official seals and names of states or international organisations, and the Red Crescent / Red Cross
• Marks that would mislead the public about the nature, origin or quality of goods
• Geographical names where their use would confuse consumers about origin
• The name or portrait of a third party without their consent
• Marks identical or confusingly similar to an earlier registered or well-known mark – well-known marks are protected even if not registered in the UAE

First to file

The UAE is a first-to-file jurisdiction. Rights arise from registration, not from use. If two businesses use the same brand, the one that files first generally wins, subject to the well-known-mark exception and bad-faith claims. This is why filing early matters more in the UAE than in "first-to-use" countries such as the USA.

Term of protection and renewal

Registration lasts 10 years from the filing date and is renewable indefinitely for further 10-year periods. Renewal must be filed in the final year or within a 6-month grace period after expiry. Renewal fees and process →

Non-use cancellation

Any interested party can apply to cancel a registered mark that has not been genuinely used for five consecutive years, unless the owner shows a valid reason for non-use. Keep evidence of use (invoices, packaging, advertising) for every registered mark.

Opposition and grievance

Accepted applications are published in the Trademark Bulletin; anyone may oppose within 30 days. Decisions of the Trademark Office can be challenged before the Trademarks Grievance Committee and then the courts. How the Bulletin works →

Infringement and penalties

Using a registered mark, or a confusingly similar one, without authorisation is a criminal offence as well as a civil wrong. The law provides for imprisonment and fines for counterfeiting and for knowingly selling counterfeit goods, plus seizure and destruction of the goods, closure of the business and publication of the judgment. Owners can also claim damages in the civil courts and request precautionary seizure through customs. How to file an infringement complaint →

Assignment and licensing

A registered mark can be sold (assigned) with or without the business, and licensed to others. Assignments and licences take effect against third parties only once recorded with MoET. Licence agreements no longer need to be notarised under the 2021 law, but must be in writing.

International protection

The UAE joined the Madrid Protocol in December 2021. A UAE applicant can extend a national application to 130+ countries through WIPO with a single international filing, and foreign owners can designate the UAE in their international registrations. International registration from the UAE →

Trademark vs. trade name

A trade name is the business name on your DED licence; it is regulated by company law and gives you the right to operate under that name in that emirate. A trademark is the brand consumers see, registered federally with MoET. Having a licensed trade name does not stop a competitor from registering it as a trademark. Most businesses need both.

Related

• Trademark registration cost in the UAE
• Documents required
• MoET trademark portal guide

This article is a general guide and not legal advice. For advice on a specific mark or dispute, contact our registered trademark agents.

Download the full text of Federal Decree-Law No. 36 of 2021 (PDF)