FEDERAL DECREE LAW NO. 36
OF 2021 ON TRADEMARKS

HIGHLIGHTS OF LAW NO. 36 OF 2021 ON TRADEMARKS

The Law aims to provide integrated trademark protection as well as new mechanisms that improve the effectiveness and efficiency of government operations, resulting in faster adoption of emerging concepts and innovative methods and a more competitive trademark and intellectual property system.

The New Trademarks Law addresses several issues that were lacking under the previous law, such as the registration of non-traditional trademarks, increasing the penalties for trademark infringement, and confirming some other aspects that were addressed through Court precedents, such as prior use and registration in bad faith. Furthermore, the New Law established the registration of Geographical Indications, as well as the grounds for registration and enforcement.

In general, the key changes set out in the New Trademarks Law are:

• Marks prevented from registration
• Well-known trademarks
• Multi-class applications
• Series Trademarks
• Grievances Committee
• Challenging the Committee’s Decisions
• Prior Use
• Bad Faith
• Cancellation of trademarks
• Assignments and Licenses of Trademarks
• Time frames
• Notifications through electronic means
• Geographical Indications
• Customs
• Provisional Measures
• Introduction of Hefty Penalties

ISSUER OF LAW NO. 36 OF 2021 ON TRADEMARKS

The issuer of the Trademarks Law in the UAE is promulgated at the federal level by the UAE Ministry of Economy.

WHO IS SUBJECT TO THE ‘TRADEMARKS LAW’?

The UAE Trademarks Law applies to a variety of individuals and entities involved in trademark-related activities within the UAE. Here are the main groups subject to this law:

• Individuals, businesses, and entities that own or hold trademarks in the UAE.
• Individuals or entities seeking to register trademarks in the UAE.
• Other businesses or individuals who may potentially infringe on existing trademarks.
• Lawyers, intellectual property consultants, and legal advisors.