Trade Mark Law (No.36 of 2021) will come into effect on 2 January 2022
The definition of a trade mark has been expanded. It now provides more explanations around non-conventional and geographical trade marks. Applications can now be filed for voice/sound, smell and 3D/hologram trade marks. Multi-class filings will also be possible with the new trade mark law, as the UAE has operated a single class filing system for many years.
Cancellation actions will be filed with the Trade Mark Committee, as opposed to the Courts, which will be headed by a member of the judiciary. Cancellations for bad faith registrations are now permitted after the expiration of five years.
With regard to licences, it is no longer compulsory to register a Trade Mark Licence on the Trade Mark Register to be enforceable.
The new law also gives the opportunity to owners of small and emerging companies to temporary protect their marks while participating in exhibitions.
We shall provide detailed analysis on the new changes shortly.