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UAE Trademark System: A Practical Guide | Ministry of Economy, Federal Law No. 36 of 2021 & Sharia Compliance

UAE Trademark System: A Practical Guide | Ministry of Economy, Federal Law No. 36 of 2021 & Sharia Compliance | EVORIX Intellectual Property Law Firm

For professionals responsible for trademark applications, registration, and enforcement in the UAE (United Arab Emirates), this guide focuses on Federal Law No. 36 of 2021 (Trademark Law, effective January 2, 2022), covering the Ministry of Economy’s implementation guidelines, government fees, accession to the Madrid System (December 28, 2021),compliance with Sharia law (Islamic law), and the introduction of a multi-class application system.

Key Points of This Article

  • The UAE completely revised the 1992 Law through Federal Law No. 36 of 2021 (Trademark Law, effective January 2022)
  • Introduced a multi-class application system (under the old law, one application per class)—significantly streamlining practical procedures
  • Joined the Madrid System (December 28, 2021). Japanese companies can designate the UAE via the Madrid System
  • Foreign applicants must appoint a local agent in the UAE (an agent registered with the Ministry of Economy)
  • Compliance with Islamic law (Sharia)—trademarks related to alcohol, pork, or those deemed religiously inappropriate are prohibited
  • Examination Process: Formal examination → Substantive examination → Publication → 30-day opposition period → Registration
  • Enforcement follows a three-tier system: Ministry of Economy → IP Court → Federal Supreme Court

UAE TRADEMARK

A comprehensive guide to the UAE trademark system and practices by a patent attorney. This guide systematically explains the process in 12 sections, covering everything from filing with the Ministry of Economy to Federal Law No. 36 of 2021, the Madrid Protocol, Sharia compliance, and enforcement of rights in the IP Court.

1. Executive Summary

The UAE trademark system is a statutory framework centered on Federal Law No. 36 of 2021 Concerning Trademarks, with Implementing Regulations and guidelines from the UAE Ministry of Economy governing applications, examinations, and disputes.Characterized by a hybrid of Islamic law (Sharia) and modern international trademark systems, the new 2021 law has rapidly advanced modernization through provisions such as multi-class applications, accession to the Madrid Protocol, and new types of trademarks.

Four Key Points to Keep in Mind for UAE Trademark Practice

  1. Introduction of Multi-Class Applications Under the 2021 Law—A Major Reform from the Old Law’s “One Application per Class” Rule
  2. Government fees are denominated in AED (UAE Dirhams). The application fee is AED 750 per class (approx. 30,000 yen), which is quite high
  3. Sharia compliance is mandatory—trademarks related to alcohol, pork, gambling, or those deemed religiously inappropriate cannot be registered
  4. Enforcement of rights is most effective in practice through a combination of administrative procedures with the Ministry of Economy and the IP Court (civil/criminal)

2. Basic Structure of the System and Legal Basis

The “primary law” of the UAE trademark system is Federal Law No. 36 of 2021 Concerning Trademarks (effective January 2, 2022), which fully replaced the previous law of 1992 (Federal Law No. 37 of 1992). It systematically stipulates the definition of trademarks, registration requirements, application procedures, oppositions, cancellations, enforcement of rights, penalties, and other matters.

Role of the UAE Ministry of Economy

The Trademarks Department of the UAE Ministry of Economy—headquartered in Abu Dhabi—is responsible for trademark examination, registration, and administrative procedures. The electronic filing system “UAE Trademarks E-Services” is in operation. The system is effective throughout all seven emirates of the UAE—Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain, Ras Al-Khaimah, and Fujairah—with a unified registration system.

Judicial Forum

Authority Jurisdiction and Characteristics
Ministry of Economy Trademark CommitteeFirst instance for trademark examination, opposition, and cancellation
Federal Court of AppealAppeals against decisions of the Ministry of Economy
Federal Supreme CourtFinal Appeal (Federal Level)
Dubai IP Court and Abu Dhabi IP CourtCivil infringement proceedings (specialized courts by emirate)

3. Key Amendments in the 2021 New Law

Accession to the Madrid Protocol and Modernization

  • Introduction of Multi-Class Applications—A Major Reform from the Old Law’s “One Class, One Application” System
  • Accession to the Madrid Protocol (December 28, 2021)—Designation of the UAE Now Possible for Japanese Companies
  • Eligibility for Registration of New Types of Trademarks (Sound Marks, 3D Marks, Holograms, etc.)
  • Independent Protection System for Geographical Indications (GI)
  • Clarification of Grounds for Cancellation—Cancellation May Be Sought After 5 Years of Non-Use
  • Strengthening of Border Interdiction Powers—Ex Officio Interdiction by Customs
  • Strengthened Penalties—Fines of up to 1 million AED (approx. 35 million yen) for trademark counterfeiting

4. Applicant Eligibility and Required Documents

In the UAE, both individuals and corporations may file trademark applications. Foreign applicants must appoint a local UAE agent registered with the Ministry of Economy. Agents must be UAE nationals or local corporations.

POA Requirements (Important): A POA (Power of Attorney) must be certified by a UAE consulate or with an Apostille, plus an Arabic translation. Although procedures have been simplified since the UAE joined the Apostille Convention (2014), submission of the original document is still required.

Required Documents

  • Application Form (Trademark Application Form): In Arabic or English, via the Ministry of Economy’s E-Services
  • Trademark Specimen: JPEG/PNG; 3D and sound trademarks are also accepted
  • Designated Goods/Services: 45 classes under the Nice Classification (multi-class applications permitted)
  • POA: Apostille + certified Arabic translation (must be submitted within 30 days)
  • Certificate of Commercial Registration (for corporations): Apostille + Arabic translation
  • Priority Documents: When claiming Paris Convention priority, within 6 months from the filing date

5. Standard Process and Timeline

① Filing (Ministry of Economy E-Services) ② Formal Examination ③ Substantive Examination (4–8 months)

④ Response to Office Action (30 days) ⑤ Publication & 30-day opposition period ⑥ Registration → 10-year renewal

Processing Time: Approximately 8–12 months from filing to registration in smooth cases. Relatively swift compared to other GCC countries.

6. Estimated Government Fees

Item Fee (AED) Conversion to Japanese Yen
Application Fee (per class)AED 750Approx. 30,000 JPY
Additional Class (per class)AED 750Approx. 30,000 yen
Publication fee (per category)AED 750Approx. 30,000 yen
Registration fee (per category)AED 5,000Approx. 200,000 yen
Appeal feeAED 5,500Approx. 220,000 yen
Renewal fee (1 category, 10 years)AED 6,500Approx. 260,000 yen

UAE trademarks are among the most expensive in the Middle East: The total cost for one class (application to registration) is approximately AED 12,000 (approx. 480,000 yen). This is particularly high even among GCC countries, costing more than twice as much as in Saudi Arabia or Qatar. Including agent fees, the cost can exceed 1 million yen per class.

7. Trademark Requirements and Sharia Compliance

Registerable Trademarks

  • Word, design, combined, and three-dimensional trademarks
  • Sound marks, color marks, and trade dress
  • Collective and certification marks
  • Geographical Indications (GI)—Protected under a separate system

Absolute grounds for refusal

  • Lack of Distinctiveness / Descriptive Marks
  • Violation of public order and morality
  • Violation of Sharia Law (contrary to Islamic teachings)—Unique to the UAE
  • Misleading marks
  • Use of national flags, national emblems, or religious symbols

Trademarks Ineligible for Registration Under Sharia Law

  • Alcoholic beverage trademarks—except for duty-free shops and tourist areas where domestic consumption is permitted
  • Trademarks for pork and pork-derived products
  • Trademarks related to gambling and casinos
  • Islamic scriptures and sacred words (e.g., quotations from the Quran)
  • Elements considered blasphemous or offensive to Islam
  • Nudity and sexually provocative imagery

8. Protection of Well-Known Trademarks

The UAE has strengthened protection for well-known trademarks under Article 6ter of the Paris Convention. Under the new law enacted in 2021, even unregistered well-known trademarks are now eligible for protection.

Criteria for Recognizing Well-Known Marks

  • Duration and geographical scope of use in the UAE or other countries
  • Level of recognition among consumers
  • Advertising investment and sales volume
  • Scale of the trademark owner’s business
  • Existence of Previous Protection Decisions

9. Opposition and Cancellation Proceedings

Opposition During the Publication Period

Oppositions may be filed with the Ministry of Economy within 30 days of the trademark publication. The period cannot be extended (strict deadline). The Ministry of Economy’s Trademark Committee hears the case, and its decision may be appealed to the Federal Court of Appeals.

Cancellation for Non-Use

If the trademark has not been used for five consecutive years following registration, any interested party may file a request for cancellation with the Ministry of Economy. The trademark owner bears the burden of proving use.

10. Enforcement of Rights and Response to Infringement

Ministry of Economy Administrative Procedures

Ministry of Economy Response to Infringement

  • Seizure of Infringing Goods and Warehouse Sealing
  • Order to Cease Operations
  • Fines (up to AED 1,000,000, approximately 35 million yen)
  • Coordination of Criminal Charges

IP Court Civil Litigation

Infringement lawsuits can be filed in the Dubai IP Court, Abu Dhabi IP Court, and other courts. The primary remedies include injunctions, damages, and disgorgement of profits. Preliminary injunctions may be issued within a few days if urgency is recognized.

Customs Border Measures

By registering a trademark with the UAE Federal Customs Authority, it is possible to stop the import of counterfeit goods. Under the new law enacted in 2021, customs authorities’ ex officio powers to seize goods have been strengthened. Jebel Ali Port (Dubai) and Khalifa Port (Abu Dhabi) serve as major transit hubs.

Criminal Penalties

Trademark counterfeiting is punishable by up to one year of imprisonment and a fine of up to AED 100,000. The 2021 law introduced stricter penalties for organized counterfeiting.

11. Differences Between Japanese and UAE Systems

Item Japan UAE
Language of FilingJapaneseArabic or English
Compliance with Sharia LawNoneSharia-compliant
Objection Period2 months after registration30 days from publication (preliminary)
Cancellation for non-use3 years5 years
Judicial StructureJapan Patent Office → Intellectual Property High CourtMinistry of Economy → Federal Court of Appeals → Federal Supreme Court
Application Fee (per class)12,000 yenApprox. 30,000 yen (high)
POA RequirementsNot requiredApostille + Arabic translation

12. Practical Checklist for Japanese Companies

Before Filing

  • Appointment of a registered agent with the UAE Ministry of Economy (required)
  • Sharia compliance check (alcohol, pork, religious considerations)
  • Preparation of POA Apostille Certification + Arabic Translation
  • Choosing Between the Madrid Protocol and Direct Filing (Direct filing is easily considered for multi-class applications)

After Filing

  • Commence use within the UAE within 5 years of registration (to prevent cancellation due to non-use)
  • Continuous retention of evidence of use
  • Renewal Deadline Management (10 years)
  • If infringement is detected, consider combining actions with the Ministry of Economy, Customs, and the IP Court
  • Monitoring the distribution of counterfeit goods in free trade zones such as the Jebel Ali Free Zone

Summary

The UAE trademark system is a unique framework that combines modernization under Federal Law No. 36 of 2021 with the distinctiveness of Sharia compliance. For Japanese companies to successfully establish their brands in the UAE market, the key lies in combining prior verification of Sharia compliance with efficient multinational expansion through Madpro membership, while thoroughly implementing border control measures that leverage the hub functions of the Middle East, such as Jebel Ali Port. Please also see our Madpro international trademark application and trademark registration services.

Consultation on UAE Trademark Applications

EVORIX Intellectual Property Law Firm provides comprehensive support for trademark applications and enforcement in major Middle Eastern countries, including the UAE (GCC countries, Saudi Arabia, Qatar, Turkey, etc.). Our patent attorneys, with extensive practical experience and working in collaboration with local agents, handle everything from compliance with the 2021 amendments to Sharia compliance and customs procedures at Jebel Ali Port.

Go to the Inquiry Form → View the Consultation Process

Sources & Reference Materials

▼ Primary Legislation

  • Federal Law No. 36 of 2021 Concerning Trademarks (Effective January 2, 2022)
  • Trademark Implementing Regulations
  • Federal Law No. 37 of 1992 (Previous Law / Transitional Provisions)
  • Federal Law on Customs (Customs Law / Border Measures)
  • UAE Penal Code (Criminal Law – Trademark Counterfeiting)

▼ Official Sources

  • Ministry of Economy and Commerce Official Website: moec.gov.ae
  • UAE Trademarks E-Services: Ministry of Economy Electronic Filing System
  • WIPO IP Portal (UAE): wipo.int
  • WIPO Lex: wipo.int/wipolex
  • Member of the Madrid Protocol (December 28, 2021): WIPO Madrid System
  • Federal Customs Authority: UAE Customs

▼ Explanatory Materials from Japanese Agencies

  • JETRO Report: "Intellectual Property System in the UAE"
  • Japan Patent Office "Information on Foreign Industrial Property Rights Systems (UAE/Middle East)"
  • INPIT Intellectual Property Information on Emerging Countries

▼ International Agreements

  • Paris Convention (UAE acceded in 1996)
  • Madrid Protocol (UAE joined in December 2021)
  • TRIPS Agreement (WTO Member since 1996)
  • Apostille Convention (UAE acceded in 2014)
  • GCC (Gulf Cooperation Council) Trademark Harmonization Framework
  • Japan-UAE Investment Agreement (Entered into force in 2018)

*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend verifying the latest information with primary sources and consulting experts. For specific decisions regarding individual cases, we recommend consulting experts, including local agents.

杉浦健文 弁理士

AUTHOR / Author

Takefumi Sugiura

Representative Patent Attorney, EVORIX Intellectual Property Office

Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).