Do I need to pay tax on a trademark patent in the UAE

There are two ways to legitimize a brand in the UAE: to obtain copyright or to issue a trademark (mark). Obtaining any of the two Certificates is a reliable protection of the intellectual property of the owner. The registration procedures and the set of required documents differ as well as the opportunities that open up. If the applicant intends to work with government agencies, participate in tenders, then it is necessary to register a trademark. If the certificate is required only for the sale of products on the market, then it is enough to obtain a copyright confirmation.

There are no taxes on patents or trademarks in the UAE. Certificates are issued for a certain period of time, after which they must be renewed. The extension service is paid.

How intellectual property (IP) is protected in the UAE

Today’s United Arab Emirates is a symbol of economic and technological growth. Billions of dollars are invested in the development of innovative sectors of the economy, as well as go to create attractive working conditions for specialists working in these industries. Unprecedented measures to protect intellectual property have become a key aspect of economic development. 

To do this, the Government uses the entire arsenal of available funds: managerial, technical, legal, and also actively participates in specialized international campaigns. By the beginning of the XXI century, the country had Laws in force:

• Patent;
• about trademarks;
• about copyright.

Later, the Emirates joined the International Intellectual Property Organization, signed the Convention on Industrial Property in Paris, and the Convention on the Protection of Literary and Artistic Works in Bern.

The Copyright Law protects the authors of creative works, as well as artistic and literary works. It gives the author the right to publicly present his creations: demonstration, reproduction, broadcast, distribution.

Copyright protection is handled by the relevant Department, as well as the Ministry of Economy and Education. There are 6 federal laws in force in the country protecting patents, industrial property, copyrights, and trade secrets. Severe penalties are provided for violations of IP rights – from large fines (up to 500,000 AED) to imprisonment (for 3 months).

Patent law protects technically embodied ideas, innovative approaches, principles of action, and ways to achieve results.

As a result, the UAE has achieved a leading position in the Arab world in IP protection.

What does not fall under the protection of copyright law

• abstract principles;
• news;
• ideas;
• mathematical concepts;
• Official documents;
• methods of work.

What is a trademark (TK) and what is it for?

A trademark is a graphic object that allows you to identify products on the market. As a trademark, they use:

• drawings;
• the names;
• colors or combinations thereof;
• symbols;
• the letters;
• words;
• engravings;
• addresses.

Trademark registration is one of the conditions for obtaining the right to conduct business in the Emirates. In addition, TK acts as a protection of intellectual data from leakage and misuse. This type of data protection is especially relevant in the field of education and the information segment.

Most companies registering in the Emirates intend to work with foreign partners. It would be more expedient for them to register TK under the Madrid system, which covers 130 countries.

Which signs are forbidden to register

1. Images that violate the principles of public morality (in the Arab state, hints of alcohol, gambling, night clubs can be included here) or state policies.
2. Symbols bearing a religious meaning or resembling such.
3. Names and surnames of third parties, as well as their images without the consent of these persons.
4. Geographical names that mislead the buyer.
5. Images containing false information about the manufacturer, as well as containing fake trade names.
6. National and foreign insignia.
7. Images that are copies of well-known works.

The procedure for registering TK

The official time frame for the legalization of a trademark in the UAE is from 18 to 24 months. But if the documentation is in order, the licensing authorities have no questions or doubts, then you can meet one year. UAE citizens or foreigners, individuals can apply. or legal entities conducting any type of commercial, industrial, professional or service activity on the territory of the principality.

Stages

1. Filing an application with the Patent Office under the Ministry of Economy. A package of documents must be attached to the application. If the application itself can be sent online, the documents must be submitted in person, since it is necessary to attach a printed sample of the trademark.
2. Initial verification of documentation. Reconciliation of TK with existing ones.
3. If the previous stage is successfully completed, the state authority publishes a message in the press about the intention to register the TK.
4. Waiting for objections. Within 30 days from the date of publication of the announcement in the media, any person with objective objections can appeal the application.
5. At this stage, there are two possible scenarios:
   • if objections are received, the application will be rejected, then the applicant has the right to appeal within 30 days;
   • if there are no objections, the applicant pays the fee and receives a certificate.

The validity period of the Trademark Certificate is 10 years, after which it must be passed. The number of extensions is unlimited.

What documents are needed

The list of documents will differ depending on whether it is submitted by an individual or a legal entity, as well as a citizen or a foreigner. The standard package includes:

• passport (original and copy) of the applicant;
• the image of the TK logo in the format .pdf or .jpg in good quality.

If the applicant is acting on behalf of another person or organization, then a notarized power of attorney must be attached. If the TK registers a legal entity, you will need:

• founding documents of the company;
• regulation;
• permission to conduct commercial activities.

If the trademark is already registered in another country that does not support the Madrid system, then a Certificate of registration must be provided.

All documents are accepted only in Arabic.

Cost

Patenting

A patent can be obtained for any new invention or improvement of an existing one, subject to the possibility of its industrial application.

The patenting process includes the following steps:

1. Submitting an application To The UAE Ministry of Economy.
2. Expertise.
3. Obtaining a patent.
4. Making a payment.

To avoid problems when applying for a patent or trademark, it is better to contact a specialized agency. Lawyers know all the subtleties of filing documents, will check the image of the trademark in advance for a match with existing ones, will undertake the translation and certification of papers. Given the deadlines set by the state for reviewing applications, a qualified assistant will definitely do everything faster.
In conclusion, we draw the reader’s attention once again: there is no need to pay taxes on patents and trademarks in the UAE! Upon completion of the Trademark Certificate and patent validity, they must be renewed: the first one every 10 years, the second one annually. The renewal procedure is paid.