Brand Security: UAE's Trademark Law and Indian Entries to the Gulf

The United Arab Emirates (UAE) is an increasingly attractive destination for Indian brands seeking regional expansion and also seeking global expansion, this is due to its extremely attractive location including, strategic markets, robust business ecosystem and investor-friendly environment, making it desirable for any organisation to set up offices here. However, to be able to enter into the market and successfully execute business strategies, a proper understanding of the UAE’s evolving trademark regime is extremely important as to maintain ethical business practices and avoid conflicts with trademark infringement accusations. This blog demystifies the key features of the Federal Decree-Law No. 36 of 2021 on Trademarks, highlights recent procedural updates, and offers critical insights Indian businesses should grasp before filing their marks.

1. UAE Trademark Law 2021: A Modern, Inclusive Framework

Federal Decree-Law No. 36 of 2021 came into force on January 2, 2022, and replaced the previous 1992 statute and ushered in one of the most sweeping reforms in UAE trademark law in decades.

Expanded Definition of Trademark

Under the act in Article 2, the UAE has now recognized an inclusive range of marks which encompasses sound, scent, hologram, single-colour, 3D, and geographical indications, this act reflects the global best practices in IP jurisprudence.

New Rights and Protections :

Key benefits introduced under the new law include:

• Provisional actions to confiscate evidence and infringing items are examples of enhanced enforcement alternatives.
• provisions to contest registrations made in bad faith and stronger protection for well-known trademarks.
• simplified administrative procedures, such as the requirement to only publish in the official gazette rather than several newspapers.

2. The Basics: Registration Process & Authority

Indian brands should acquaint themselves with the following:

• The Ministry of Economy (MoE)—specifically, its Trademark Office (TMO)—administers all trademark matters, including filing, examination, renewals, assignments, and oppositions.
• A single-application system via the MOE’s online portal covers initial searches, filings, and responses.
• Registration entails:
  1. Filing the application (30–90 days for formal examination).
  2. Publication in the Official Gazette.
  3. A 30-day opposition period for third parties.
  4. Issuance of the registration certificate—valid for 10 years, renewable indefinitely.

Fees & Costs

Without accounting for lawyer or agency fees, the average government charge for registering a single trademark in a single class is around USD 1,950.

3. Key Features Indian Brands Must Note

Territorial Nature of Trademarks

The UAE operates like most other jurisdictions on a territorial basis. Indian registrations do not automatically extend to the UAE; brands must file separately (either directly via the MoE or via the Madrid System).

Grace Period for Power of Attorney (POA)

While a notarized and legalized Power of Attorney is required for trademark applications, according to an internal circular, the TMO now permits a 90-day grace period after filing for submitting the POA. Recent changes, however, suggest that applications that do not submit their POAs on time may potentially be rejected outright with no chance for appeal.

Indian brands are recommended to prepare legal documents (notarization, legalization, attestation) well in advance to ensure compliance within this narrow window.

Amendments After Registration

Under Article 19, trademark owners may request modification of goods/services or trademark details, provided such changes don’t “fundamentally alter” the mark’s essential character. These changes are subject to TMO approval.

Non-use & Revocation Risks

The registered trademark may be revoked upon request if it is not used for five consecutive years without a good reason.

4. Enforcement & Compliance Essentials

Enforcement Tools & Penalties

• Rights holders can pursue civil, criminal, and administrative remedies, including lawsuits, fines (potentially up to AED 1 million), imprisonment, and seizure of goods.
• Local economic departments and the MOE have the authority to enforce against violations. Border control registration also makes it possible for customs to seize counterfeit items.
• Revoked or invalid marks may be appealed administratively and through subsequent courts if necessary.

Recent Surge in Trademark Activity

In the first quarter ( Q1 ) of 2024, the Ministry of Economy recorded a 64% increase in new trademark filings—4,610 new registrations compared to 2,813 during the same period in 2023. These underscores growing investor trust and the strategic value Indian brands are placing on IP protection in the UAE.

5. Recommended Strategic Steps for Indian Brands

• • Assess regional IP strategy
    • Identify whether to approach UAE filings directly or via the Madrid Protocol, depending on scale, budget, and timeline.
  • Prepare documentation early
    • Ensure POA and supporting documents (e.g., priority certificates, commercial license) are ready for timely submission within the 90-day grace period.
  • Conduct preliminary trademark searches
    • Mitigate rejection risks by identifying conflicting marks early—even though searches are optional, they’re highly recommended.
  • Draft precise class descriptions
    • Make use of the Nice Classification system, but refrain from making generalizations that can cause problems or restrict future changes.
  • Maintain active use and monitor for infringement
    • By maintaining a continuous business presence, you can prevent non-use revocation; to enable border-level protection, register with Customs.
  • Plan renewal and admin updates proactively
    • Set reminders ahead of the 10-year renewal and monitor for modifications or licensing needs.

6. Conclusion

For Indian brands seeking to make their mark in the UAE, robust trademark protection is not optional—it’s essential. The Federal Decree-Law No. 36 of 2021 offers a modern, enforcement-oriented framework that aligns with global IP best practices.

From the expanded scope of protectable marks (including holograms, sounds, and scents) to the streamlined procedures and strong enforcement mechanisms, the UAE’s IP landscape is both accessible and formidable. Indian companies must navigate these waters with caution—but with careful planning, these new rules offer powerful tools to safeguard brand equity in one of the world’s most dynamic markets.