--- title: "Safeguarding Your Brand: Can a Foreign Entity or Individual Register a Trademark in the UAE?" date: 2025-10-21 author: "Sagar Agrawal" url: https://abspartners.ae/trademark-registration-for-foreign-entities-in-the-uae/ --- # Safeguarding Your Brand: Can a Foreign Entity or Individual Register a Trademark in the UAE? Posted On - 21 October, 2025 • By - [Ayush A Haq](https://abspartners.ae/people/ayush-a-haq/) ![Register a Trademark in the UAE](https://abspartners.ae/wp-content/uploads/s9ewueqepre.jpg) 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. ## Table of Contents ## **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governing trademark matters in the UAE is **Federal Decree-Law No. (36) of 2021 on Trademarks** (the Law), which repealed the previous law and modernised the framework for **trademark registration in UAE**.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**. 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