Safeguarding Your Brand: Can a Foreign Entity or Individual Register a Trademark in the UAE?

The United Arab Emirates (UAE) has fortified its position as a global business and innovation hub, making it a crucial market for international entities and individuals. For any business entering the UAE, intellectual property (IP) protection is paramount. A key question for foreign companies and non-resident individuals is: Can a foreign entity or individual register a trademark in the UAE?

The definitive answer is yes. The UAE’s legal framework is designed to provide comprehensive trademark protection for both domestic and international applicants, ensuring a secure environment for brand names and logos. This right is explicitly supported by Federal Decree-Law No. (36) of 2021 on Trademarks and its Executive Regulations, which harmonise the UAE’s IP laws with international best practices.

The Legal Foundation: Federal Decree-Law No. (36) of 2021

The principal legislation governing trademark matters in the UAE is Federal Decree-Law No. (36) of 2021 on Trademarks (the Law), which repealed the previous law and modernised the framework for trademark registration in UAE. This Law, alongside Cabinet Resolution No. 57 of 2022 Concerning the Executive Regulations of the Federal Decree-Law on Trademarks (the Executive Regulations), establishes provisions for both local and foreign businesses to secure their IP rights.

Eligibility for Foreign Applicants

The Law ensures that a foreign entity or non-resident individual has the right to register a trademark, provided they meet the legal requirements.

• Article (6) of the Law states that any natural or legal person has the right to register their trademark in accordance with the Law’s provisions. This broad definition naturally extends to foreign applicants.
• Article (2) of the Executive Regulations specifically addresses the application process, allowing an application to be submitted by the trademark’s owner if they reside in the State, or by an agent registered in the register of trademarks registration agents.

This provision is critical for international companies and individuals. Since most foreign applicants do not reside in the UAE, the Law makes the use of a registered trademark agent mandatory for filing the application. This ensures that the application process adheres to local legal requirements.

Mandatory Representation: The Role of a Registered Trademark Agent

For any foreign applicant (foreign entity or non-resident individual) seeking trademark registration with the UAE Ministry of Economy, representation by a locally registered trademark agent is not optional—it’s a legal requirement. This is one of the most significant procedural differences for international applicants.

The main requirements for a foreign trademark application include:

1. Mandatory Agent: The application must be submitted through a registered trademark agent in the UAE.
2. Power of Attorney (POA): The agent must be appointed with a formal Power of Attorney (POA).
3. Legalisation: Crucially, the POA document must be duly notarised and legalised up to the UAE Consulate in the owner’s country of origin and then translated into Arabic. This ensures the document’s authenticity and legal standing in the UAE.

This process is a key step in ensuring IP protection and maintaining a smooth legal correspondence channel with the Ministry of Economy.

Scope and Types of Protection

The new Law has significantly expanded the scope of what qualifies as a registrable trademark, offering broader brand protection to foreign owners:

• Article (2) of the Law defines a trademark comprehensively, including traditional marks (names, words, logos, figures, colours, etc.) and non-traditional marks like three-dimensional marks, hologram marks, sound marks, and even smell marks.
• Duration of Protection: Once registered, the trademark is protected for 10 years from the date of the application and can be renewed indefinitely for similar periods, ensuring long-term brand security in the UAE market.
• International Alignment: The UAE’s participation in international conventions, such as the Paris Convention for the Protection of Industrial Property and its adoption of the Nice Classification for goods and services, streamlines the process for foreign companies already registered internationally. Furthermore, the UAE has acceded to the Madrid Protocol, allowing local trademark owners to seek international registration through a single application, and conversely, facilitating the recognition of marks registered in other member countries.

Key Takeaways for Foreign Applicants

The process of securing trademark rights in the UAE is streamlined for foreign investors and international businesses but requires adherence to specific legal formalities.

Key Step	Legal Provision	Importance for Foreign Applicants
Eligibility	Federal Decree-Law No. (36) of 2021	The Law grants the right to register to any legal or natural person.
Local Representation	Executive Regulations, Article (2)	Mandatory use of a registered trademark agent in the UAE.
Documentation	Executive Regulations, Article (4)	Requirement for a legalised and Arabic-translated Power of Attorney (POA).
Classification	International Classification (Nice)	Standardised classification allows seamless filing for international companies.
Protection Term	Federal Decree-Law No. (36) of 2021	Protection is granted for 10 years, renewable indefinitely for enhanced brand protection.

In conclusion, the UAE’s modern and robust IP legislation, particularly Federal Law 36 of 2021, not only permits but facilitates trademark registration for foreign individuals and companies. By engaging a professional legal consultant and registered trademark agent, foreign entities can effectively secure their valuable intellectual property and establish a confident presence in the dynamic UAE market.