2. Contents
1. Introduction............................................................ 2
2. FAQs...................................................................... 3
3. 9th Edition of International Classification of .......... 9
Goods & Services
4. Jurisdictions and Registration Requirements
Registration in GCC
• United Arab Emirates...................................... 16
• Bahrain ........................................................... 19
• Kuwait............................................................. 22
• Saudi Arabia ................................................... 25
• Qatar............................................................... 28
• Oman.............................................................. 31
Registration in Middle East Countries
• Algeria ............................................................ 34
• Egypt .............................................................. 37
• Iran.................................................................. 39
• Iraq.................................................................. 42
• Jordan............................................................. 45
• Lebanon.......................................................... 47
• Libya ............................................................... 49
5. Samples, Formats and Procedure
• Deed of Assignment ....................................... 52
• Power of Attorney ........................................... 55
• Trademark Registration Procedure in UAE .... 56
6. Worldwide Registration Requirements
• European Community Trademark ( CTM) ...... 57
• ARIPO ( African Regional Industrial
Property Organization) ................................... 58
• Madrid system for International Registration
of Trademarks ................................................ 60
• Trademark Registration in India...................... 61
• List of Countries Served by us........................ 63
Disclaimer
Trademark Registration Pocket Book Middle East, 2010 is designed only for the
information of readers. While every effort has been made to ensure accuracy, some
information that may be relevant to a particular reader may not be comprehensive or
may have been omitted.
This book is not intended as a study of all aspects of the Trademark Registration.
The book is not a substitute for reading the standard when dealing with points of
doubt or difficulty.
No responsibility for loss to any person acting or refraining from acting as a result or
any material in this publication can be accepted by Jitendra Intellectual Property or
JCA International. Receipients should not act on the basis of this publication without
seeking professional advice.
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Trademark Registration Pocket Book, Middle East, 2010
F.A.Qs
1. What is a trademark?
A trademark includes any word, name, symbol, or device,
or any combination, used, or intended to be used, in
commerce to identify and distinguish the goods of one
manufacturer or seller from goods manufactured or sold
by others, and to indicate the source of the goods. In
short, a trademark is a brand name.
2. What is a service mark?
A service mark is any word, name, symbol, device, or any
combination, used, or intended to be used, in commerce,
to identify and distinguish the services of one provider
from services provided by others, and to indicate the
source of the services.
3. What is a certification mark?
A certification mark is any word, name, symbol, device,
or any combination, used, or intended to be used, in
commerce with the owner’s permission by someone other
than its owner, to certify regional or other geographic
origin, material, mode of manufacture, quality, accuracy,
or other characteristics of someone’s goods or services,
or that the work or labour on the goods or services was
performed by members of a union or other organization.
4. What is a collective mark?
A collective mark is a trademark or service mark used,
or intended to be used, in commerce, by the members
of a cooperative, an association, or other collective
group or organization, including a mark which indicates
membership in a union, an association, or other
organization.
Introduction
This pocket book has been designed by the Jitendra
Intellectual Property, a member of JCA International & a
division of Jitendra Consulting Group as an endeavor to
support the efforts of UAE’s Ministry of Economy to uphold
and protect intellectual property rights in UAE. This pocket
book has been developed as a guide for the potential users of
“Trademark Registration” in Middle East countries.This pocket
book clearly states the uses along with the benefits that shall
ensue for investors, exporters, importers, manufacturers,
SMEs and all those seeking to register their trademarks in
Middle East countries.
With UAE’s Ministry of Economy intensifying its efforts to
eliminate the usage of counterfeit goods and products,
this pocket book becomes more significant to support its
campaign. By registering its trademark a business ensures
the protection of its rights in UAE. Registering trademarks
also becomes necessary in order to help customers and
authorities alike to distinguish original goods from counterfeits
sold in the market.
This pocket book is aimed at providing the basic information
regarding trademark registration procedures in Middle East
countries and also providing additional information about the
9th edition of the International Classification of Goods and
Services (Nice Agreement).
This pocket book looks at key areas along with explaining the
basic requirements of registration in Middle East countries. It
is written primarily for those who have little or no knowledge of
trademark registration, but have a reasonable understanding
of the basic trademark concepts and terminology.
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Trademark Registration Pocket Book, Middle East, 2010
- To protect the Internet domain name.
- To impede others attempting to register similar
trademarks.
- To have priority over third parties wanting to register
their trademarks, in countries which do not require
registration.
6. What are classes?
When registering a trademark you need to specify the
products and services that will be associated with your
trademark. The large majority of countries of the world
have adopted the International Classification. This
system groups all products and services into 45 classes -
34 for products, 11 for services - permitting you to specify
precise and clear classes covering your trademark. The
protection that is offered to a registered trademark covers
only the classes specified at the time of registration,
therefore, allowing two identical trademarks to coexist
in distinct classes. The agencies governments are in
charge of the registration of trademarks for a given class,
offering greater protection and greater investment.
7. How do I know in which class (es) to register?
When you request a Comprehensive Study you are
asked to describe how you intend to use a trademark
for your products and services. With this description, we
will recommend to which class (es) to register and what
products/services you should include in each class.
8. What happens if oppositions arise?
The purpose of the Comprehensive Study is to limit the
probability of oppositions or refusals. Nevertheless, if
oppositions arise, we rely on experienced lawyers who
will recommend you the appropriate course of action.
Other forms of intellectual property
People occasionally confuse trade-marks with copyright,
industrial designs, patents and integrated circuit topographies.
These are rights granted for intellectual creativity and are also
forms of intellectual property. However:
• patents cover new inventions (process, machine,
manufacture, composition of matter), or any new
and useful improvement of an existing invention;
• copyrights provide protection for literary, artistic,
dramatic or musical works (including computer
progammes), and three other subject-matter
known as: performance, sound recording and
communication signal;
• industrial designs are the visual features of
shape, configuration, pattern or ornament (or any
combination of these features), applied to a finished
article of manufacture;
• integrated circuit topographies refer to the three-
dimensional configuration of the electronic circuits
embodied in integrated circuit products or layout
designs.
5. Why register a trademark?
A registered trademark gives the exclusive use of that
name, providing its owner the capability:
- To create “Trademark Value” (Goodwill), an active
intangible for the company.
- To offer licenses and franchises.
- To be differentiated from competitors.
- To be protected from third parties using an equal
or similar name, exercising the legal actions that
correspond.
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Trademark Registration Pocket Book, Middle East, 2010
13. Can the assignment of an application be recorded?
Yes.
14. Is recording a license agreement compulsory? What
are the consequences of non-recordable?
Necessary in order to have effect against third parties.
15. What do the symbols ® and ™ mean?
® and ™ are common symbols associated with
trademarks, although their use is not a requirement and
generally provides no special legal protection. The ®
symbol is used once the trademark has been registered.
The ™ symbol denotes that a given sign is used by the
holder as a trademark whether this sign is the subject of
a trademark application.
16. Can I register a mark that sounds the same as an
existing mark but looks different?
If you are trying to register a mark that sounds the same
as a mark already registered for identical or similar goods
or services for which the earlier mark is registered, it is
likely that your mark will be considered as confusingly
similar and be refused.
17. Is trademark registration necessary even when the
mark has been in use for many years?
In countries which have a legal system based on common
law, ‘prior use’ is generally sufficient for claiming rights
over a given trademark in case of dispute. In civil law
countries, however, this is usually not the case. Only
trademark registration will provide legal certainty on
exclusive rights to the use of the trademark regardless of
how many years an enterprise has been using the name.
Even in the first case, it is highly advisable to register a
9. In what countries should I register my trademark?
The protection of trademarks is regional; therefore, it
is advised to register your trademark in the countries
where your business is located or where you plan to be
located.
10. Who can register a trade-mark?
Companies, individuals, partnerships, trade unions and
lawful associations may obtain registration of their marks
of identification for wares or services, provided they meet
the requirements.
11. How long is certification of a trademark valid?
All recognized trademarks are valid for ten years from
the date of filing. Extensions are granted for subsequent
ten-year periods upon renewal.
12. What are well-known Marks?
Well-known marks “are marks that are considered to be
well-known by the competent authority of the country
where protection for the mark is sought. Well known
marks generally benefit from stronger protection. For
example, well-known marks may be protected even if
they are not registered (or have not even been used) in
a given territory. In addition, while marks are generally
protected against confusingly similar marks only if used
for identical or similar products, well-known marks are
protected against confusingly similar marks for even
dissimilar products, if certain conditions are met. The
main purpose of this stronger protection is to prevent
companies from free-riding on the reputation of a well-
known mark and/or causing damage to its reputation or
goodwill.
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Trademark Registration Pocket Book, Middle East, 2010
9TH EDITION OF
INTERNATIONAL CLASSIFICATION
OF GOODS & SERVICES
GOODS
CLASS 1 (Chemicals)
Chemicals used in industry, science and photography, as
well as in agriculture, horticulture and forestry; unprocessed
artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering
preparations; chemical substances for preserving foodstuffs;
tanning substances; adhesives used in industry.
CLASS 2 (Paints)
Paints, varnishes, lacquers; preservatives against rust and
against deterioration of wood; colorants; mordants; raw
natural resins; metals in foil and powder form for painters,
decorators, printers and artists.
CLASS 3 (Cosmetics and cleaning preparations)
Bleaching preparations and other substances for laundry use;
cleaning, polishing, scouring and abrasive preparations; soaps;
perfumery, essential oils, cosmetics, hair lotions; dentifrices.
CLASS 4 (Lubricants and fuels)
Industrial oils and greases; lubricants; dust absorbing, wetting
and binding compositions; fuels (including motor spirit) and
illuminants; candles, wicks.
CLASS 5 (Pharmaceuticals)
Pharmaceutical, veterinary and sanitary preparations;
dietetic substances adapted for medical use, food for babies;
plasters, materials for dressings; material for stopping teeth,
trademark, as registration will reinforce the position of
the right holder in case of litigation.
18. Foreign registration
Registering your trade-mark with the Trade-marks Office
protects your rights in U.A.E only. If you are selling
wares or services in other countries, you should consider
registration in each of those countries. Contact a trade-
mark agent or the embassy of the country in question for
information on foreign registration.
19. What is Trademark Infringement?
Trademark Infringement is a violation of exclusive rights
attaching to a trademark without the authorization of the
trademark owner or any licensees. Infringement may
occur when one party, the infringer, uses a trademark
which is identical or confusingly similar to a trademark
owned by another party, in relation to products or services
which are identical or similar to the products or services
which the registration covers.
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Trademark Registration Pocket Book, Middle East, 2010
instruments, artificial limbs, eyes and teeth; orthopedic
articles; suture materials.
CLASS 11 (Environmental control apparatus)
Apparatus for lighting, heating, steam generating, cooking,
refrigerating, drying, ventilating, water supply and sanitary
purposes.
CLASS 12 (Vehicles)
Vehicles; apparatus for locomotion by land, air or water.
CLASS 13 (Firearms)
Firearms; ammunition and projectiles; explosives; fireworks.
CLASS 14 (Jewelry)
Precious metals and their alloys and goods in precious metals
or coated therewith, not included in other classes; jewelry,
precious stones; horological and chronometric instruments.
CLASS 15 (Musical Instruments)
Musical instruments.
CLASS 16 (Paper goods and printed matter)
Paper, cardboard and goods made from these materials,
not included in other classes; printed matter; bookbinding
material; photographs; stationery; adhesives for stationery
or household purposes; artists’ materials; paint brushes;
typewritersandofficerequisites(exceptfurniture);instructional
and teaching material (except apparatus); plastic materials
for packaging (not included in other classes); playing cards;
printers’ type; printing blocks.
CLASS 17 (Rubber goods)
Rubber, gutta-percha, gum, asbestos, mica and goods made
from these materials and not included in other classes; plastics
dental wax; disinfectants; preparations for destroying vermin;
fungicides, herbicides.
CLASS 6 (Metal goods)
Common metals and their alloys; metal building materials;
transportable buildings of metal; materials of metal for railway
tracks; non-electric cables and wires of common metal; iron
mongery, small items of metal hardware; pipes and tubes of
metal; safes; goods of common metal not included in other
classes; ores.
CLASS 7 (Machinery)
Machines and machine tools; motors and engines (except
for land vehicles); machine coupling and transmission
components(exceptforlandvehicles);agriculturalimplements
other than hand-operated; incubators for eggs.
CLASS 8 (Hand tools)
Hand tools and implements (hand operated); cutlery; side
arms; razors.
CLASS 9 (Electrical and scientific apparatus)
Scientific, nautical, surveying, electric, photographic,
cinematographic, optical, weighing, measuring, signaling,
checking (supervision), lifesaving and teaching apparatus
and instruments; apparatus for recording, transmission or
reproduction of sound or images; magnetic data carriers,
recordingdiscs;automaticvendingmachinesandmechanisms
for coin operated apparatus; cash registers, calculating
machines, data processing equipment and computers; fire-
extinguishing apparatus.
CLASS 10 (Medical apparatus)
Surgical, medical, dental and veterinary apparatus and
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CLASS 23 (Yarns and threads)
Yarns and threads, for textile use.
CLASS 24 (Fabrics)
Textiles and textile goods, not included in other classes; bed
and table covers.
CLASS 25 (Clothing)
Clothing, footwear, headgear.
CLASS 26 (Fancy goods)
Lace and embroidery, ribbons and braid; buttons, hooks and
eyes, pins and needles; artificial flowers.
CLASS 27 (Floor coverings)
Carpets, rugs, mats and matting, linoleum and other materials
for covering existing floors; wall hangings (non-textile).
CLASS 28 (Toys and sporting goods)
Games and playthings; gymnastic and sporting articles not
included in other classes; decorations for Christmas trees.
CLASS 29 (Meats and processed foods)
Meat, fish, poultry and game; meat extracts; preserved, dried
and cooked fruits and vegetables; jellies, jams, fruit sauces;
eggs, milk and milk products; edible oils and fats.
CLASS 30 (Staple foods)
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;
flour and preparations made from cereals, bread, pastry and
confectionery, ices; honey, treacle; yeast, baking-powder;
salt, mustard; vinegar, sauces (condiments); spices; ice.
CLASS 31 (Natural agricultural products)
Agricultural, horticultural and forestry products and grains
in extruded form for use in manufacture; packing, stopping
and insulating materials; flexible pipes, not of metal.
CLASS 18 (Leather goods)
Leather and imitations of leather, and goods made of these
materials and not included in other classes; animal skins,
hides; trunks and traveling bags; umbrellas, parasols and
walking sticks; whips, harness and saddlery.
CLASS 19 (Nonmetallic building materials)
Building materials (nonmetallic); nonmetallic rigid pipes for
building; asphalt, pitch and bitumen; nonmetallic transportable
buildings; monuments, not of metal.
CLASS 20 (Furniture and articles not otherwise
classified)
Furniture, mirrors, picture frames; goods (not included in other
classes) of wood, cork, reed, cane, wicker, horn, bone, ivory,
whalebone, shell, amber, mother-of-pearl, meerschaum and
substitutes for all these materials, or of plastics.
CLASS 21 (Housewares and glass)
Household or kitchen utensils and containers (not of precious
metal or coated therewith); combs and sponges; brushes
(except paint brushes); brush-making materials; articles for
cleaning purposes; steel wool; un-worked or semi-worked
glass (except glass used in building); glassware, porcelain
and earthenware not included in other classes.
CLASS 22 (Cordage and fibers)
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks
and bags (not included in other classes); padding and stuffing
materials (except of rubber or plastics); raw fibrous textile
materials.
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CLASS 40 (Treatment of materials)
Treatment of materials.
CLASS 41 (Education and entertainment)
Education; providing of training; entertainment; sporting and
cultural activities.
CLASS 42 (Computer, scientific & legal)
Scientific and technological services and research and design
relating thereto:
industrial analysis and research services; design and
development of computer hardware and software; legal
services.
CLASS 43 (Hotels and Restaurants)
Services for providing food and drink; temporary
accommodations.
CLASS 44 (Medical, beauty & agricultural)
Medical services; veterinary services; hygienic and beauty
care for human beings or animals; agriculture, horticulture
and forestry services.
CLASS 45 (Personal)
Personal and social services rendered by others to meet the
needs of individuals; security services for the protection of
property and individuals.
not included in other classes; living animals; fresh fruits and
vegetables; seeds, natural plants and flowers; foodstuffs for
animals, malt.
CLASS 32 (Light beverages)
Beers; mineral and aerated waters and other nonalcoholic
drinks; fruit drinks and fruit juices; syrups and other
preparations for making beverages.
CLASS 33 (Wine and spirits)
Alcoholic beverages (except beers).
CLASS 34 (Smokers’ articles)
Tobacco; smokers’ articles; matches.
SERVICES
CLASS 35 (Advertising and business)
Advertising; business management; business administration;
office functions.
CLASS 36 (Insurance and financial)
Insurance; financial affairs; monetary affairs; real estate
affairs.
CLASS 37 (Building construction and repair)
Building construction; repair; installation services.
CLASS 38 (Telecommunications)
CLASS 39 (Transportation and storage)
Transport; packaging and storage of goods; travel
arrangement.
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Trademark Registration Pocket Book, Middle East, 2010
6. Memorandum and Articles of Association (Notarised
and Attested)
Time Frame
The assignment shall be completed within 12-15 month.
Opposition
Trademark applications accepted by the Registrar are
published in the Trademark Bulletin. Oppositions may be
filed within 30 days from publication date. Extension of time
for oppositions /counter-oppositions or for responding to
office actions with exceptions of that relating to preliminary
examination is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
3 months with surcharge for late renewals.
Documents required for renewal
1. Power of Attorney legalized
2. Copy of certificate of registration of the trademark
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested party if there has been no effective use of a mark
for a period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized, with English
Translation
3. Copy of registration certificate of the marks
JURISDICTIONS AND REGISTRATION
REQUIREMENTS
REGISTRATION IN GCC
UNITED ARAB EMIRATES
Classification
The international classification of goods and services (9th
edition) is followed. Class 33 and alcoholic goods in class
32 cannot be registered in the UAE. A separate application is
required for each class.
Documents Required:
A) Individual Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the UAE
2. 20 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certified copy of the Trademark/Design registered in
any other country (Notarised and Attested)
B) Corporate Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the UAE
2. 20 prints of the trademark/service mark
3. Trade License/Certificate of Incorporation i.e.
Commercial Registration (Notarised and Attested)
4. Certified copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
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Trademark Registration Pocket Book, Middle East, 2010
BAHRAIN
Classification
The international classification of goods and services (9th
edition) is followed. Class 33 and alcoholic goods in class 32
cannot be registered in the Bahrain. A separate application is
required for each class.
Documents Required:
A) Individual Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the Bahrain
2. 10 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certified copy of the Trademark/Design registered in
any other country
5. Any document providing that he/she is registered as
a trader or conducting a business activity (instead of
the certificate of incorporation
B) Corporate Applicant.
1. Power Of Attorney duly notarized and legalized up to
the Consulate of the Bahrain
2. 10 prints of the trademark/service mark
3. Trade License/Certificate of Incorporation i.e.
Commercial Registration. (Notarised and Attested)
4. Certified copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
6. Memorandum and Articles of Association (Notarised
and Attested)
Change of Name/Address Application
1. Power of attorney legalized
2. Certificate of change of name/address, legalized
3. Copy of registration certificate of the mark
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney legalized
2. Legalized License agreement
Cancellation
A trademark is subject to cancellation by any interested party
within 5 years from registration date.
Fines & Penalties:
Payment of fines of not less than 5,000 UAE Dirham (app.
US $ 1,300) and/or imprisonment. Repeat offenders will be
subject to the same penalties in addition to the closure of
the commercial store or enterprise for a period of not less
than 15 days and not more than 6 months, together with the
publication of the judgment at the expense of the offender.
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Trademark Registration Pocket Book, Middle East, 2010
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney, simply signed
2. License agre ement, legalized
Cancellation
A trademark is subject to cancellation before the Court by any
interested within 5 years from registration date.
Fines and Penalties:
Payment of fines of not less than 500 Bahraini Dinar (app. US
$ 1,300) and not more than 4,000 Bahraini Dinar (app. US $
10,600) and/or imprisonment for a period of not less than 3
months and not more than 1 year. Penalties will be doubled for
repeat offenders, in addition to the closure of the commercial
store or enterprise for a period of not less than 15 days and
not more than 6 months, together with the publication of the
judgment at the expense of the offender.
Time Frame
The Assignment shall be completed within 18 months.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions may be filed
within 60 days from publication date. Extension of time for
oppositions is not possible. Extension of time for counter-
oppositions or for responding to office actions is possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
3 months with surcharge for late renewals.
Documents required for renewal
Power of Attorney simply signed.
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested if there has been no effective use of a mark for a
period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, simply signed
2. Deed of Assignment signed by both parties
legalized
Change of Name/Address Application
1. Power of attorney in the new name or address,
simply signed legalized
2. A letter from the owner of the trademark to this effect
addressed to the Registrar
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Trademark Registration Pocket Book, Middle East, 2010
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions may be filed
within 30 days from the third publication in the Official Gazette.
Extension of time for oppositions/counter- oppositions or for
responding to office actions is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
6 months with surcharge for late renewals.
Documents required for renewal
1 Power of Attorney legalized
2 Original Kuwaiti certificate of registration of the mark
for endorsement
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested if there has been no effective use of a mark for a
period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized
3. Original certificate of registration of the mark for
endorsement
Change of Name/Address Application
1. Power of attorney legalized
2. Official certificate evidencing the change of name/
address
KUWAIT
Classification
The international classification of goods and services
(6th
edition) is followed. Class 33 and alcoholic goods in class
32, and pork meat in class 29 cannot be registered in the
Kuwait. A separate application is required for each class.
Documents Required:
A) Individual Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the Kuwait
2. 20 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certified copy of the Trademark/Design registered in
any other country
B) Corporate Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the Kuwait
2. 20 prints of the trademark/service mark
3. Trade License/Certificate of Incorporation i.e.
Commercial Registration. (Notarised and Attested)
4. Certified copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
6. Memorandum and Articles of Association. (Notarised
and Attested)
Time Frame
The Assignment shall be completed within 18 months.
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Trademark Registration Pocket Book, Middle East, 2010
SAUDI ARABIA
Classification
The international classification of goods and services (9th
edition) is followed. Class 33 and alcoholic goods in class 32,
and pork meat in class 29, and Christmas trees and related
products in class 28 cannot be registered in the Saudi Arabia.
A separate application is required for each class.
Documents Required:
A) Individual Applicant
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the KSA
2. 20 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certified copy of the Trademark/Design registered in
any other country
B) Corporate Applicant.
1. A Power Of Attorney duly notarized and legalized up
to the Consulate of the KSA
2. 20 prints of the trademark/service mark
3. Trade License/Certificate of Incorporation i.e.
Commercial Registration (Notarised and Attested)
4. Certified copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
6. Memorandum and Articles of Association (Notarised
and Attested)
Licensing
If the licensor or licensee is a Kuwaiti national, the license
agreement may be recorded at the commercial register
and not the Trademark Office. A legalized extract from the
commercial register would then be duly recognized by the
Courts if conflicts arise.
Cancellation
A trademark is subject to cancellation before the Court by any
interested within 5 years from registration date.
Fines and Penalties
Payment of fines of up to 600 Kuwaiti Dinar (app. US $ 2,000)
and/or imprisonment.
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Change of Name/Address Application
1. Power of attorney legalized
2. Certificate of change of name/address, legalized
3. Original Saudi registration certificate of the mark for
endorsement
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney, legalized
2. License agreement, legalized
3. Original Saudi registration certificate of the mark for
endorsement
Cancellation
A trademark is subject to cancellation by any interested party
before the Board of Grievances if it can be established that
the mark was unrightfully registered.
Fines and Penalties:
Payment of fines of not less than 50,000 Saudi Riyal (app.
US $ 13,000) and not more than 1,000,000 Saudi Riyal (app.
US $ 267,000) and/or imprisonment for a period of up to 1
year. Penalties are doubled for repeat offenders.
Time Frame
The Assignment shall be completed within 20 months.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions may be filed
before the Board of Grievances (First Instance Court)
within 90 days from publication date. Extension of time for
oppositions/counter- oppositions or for responding to office
actions is not possible.
Protection Term
Trademark registrations are valid for 10 Hijri years
(approximately 9 years and 8 months) from filing date and are
renewable for like periods. There is a grace period of 6 lunar
months for late renewals with payment of a surcharge.
Documents required for renewal
1. Power of Attorney legalized
2. Original Saudi registration certificate of the mark for
endorsement
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested if there has been no effective use of a mark for a
period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized
3. Original Saudi registration certificate of the mark for
endorsement
16. 28 29
Trademark Registration Pocket Book, Middle East, 2010
Time Frame
The Assignment will be completed within 3 years.
Opposition
Trademarks Application accepted by the Registrar are
published in the Gazette of Trademarks. Oppositions may
be filed within 4 months from publication date. Extension of
time for oppositions/counter- oppositions or for responding to
office actions is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
6 months with surcharge for late renewals.
Documents required for renewal
1. Power of Attorney legalized
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested if there has been no effective use of a mark for a
period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized
3. Copy of certificate of incorporation of assignee
Change of Name/Address Application
1. Power of attorney legalized
2. Extract from the commercial register or any other
document evidencing this change, legalized.
QATAR
Classification
The international classification of goods and services
(7th edition) is followed. Class 33 and alcoholic goods in
class 32, and pork meat in class 29 cannot be registered in
the Kuwait. A separate application is required for each.
Documents Required:
A) Individual Applicant
1. Power Of Attorney duly notarized and legalized up to
the Consulate of the Qatar
2. 10 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certified copy of the Trademark/Design registered in
any other country
5. Any document providing that he/she is registered as
a trader or conducting a business activity (instead of
the certificate of incorporation
B) Corporate Applicant.
1. Power Of Attorney duly notarized and legalized up to
the Consulate of the Qatar
2. 10 prints of the trademark/service mark
3. Trade License/Certificate of Incorporation i.e.
Commercial Registration. (Notarised and Attested)
4. Certified copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
6. Memorandum and Articles of Association (Notarised
and Attested)
17. 30 31
Trademark Registration Pocket Book, Middle East, 2010
OMAN
Classification
The international classification of goods and services (8th
edition) is followed. A separate application is required for
each class.
Documents Required:
A) Individual Applicant
1. Power Of Attorney duly notarized and legalized up to
the Consulate of the Oman
2. 10 prints of the trademark/service mark
3. Passport copy of the Applicant
4. Certified copy of the Trademark/Design registered in
any other country
5. Any document providing that he/she is registered as
a trader or conducting a business activity (instead of
the certificate of incorporation)
B. Corporate Applicant
1. Power Of Attorney duly notarized and legalized up to
the Consulate of the Oman
2. 10 prints of the trademark/service mark
3. Trade License/Certificate of Incorporation i.e.
Commercial Registration (Notarised and Attested)
4. Certified copy of the Trade License. Photocopy of
Passport of the Local sponsor
5. Passport copies of all partners
6. Memorandum and Articles of Association (Notarised
and Attested)
Licensing
License recordal is compulsory in order to be effective against
third parties.
1. Power of Attorney, legalized
2. License Agreement, legalized
3. Copy of certificate of incorporation of licensee
Cancellation
A trademark is subject to cancellation by any interested
party if it can be established that the mark was unrightfully
registered.
Fines and Penalties:
Payment of fines of up to 20,000 Qatari Riyal (app. US
$5,500) and/or imprisonment for a period of up to 2 years.
Penalties are doubled for repeat offenders.
18. 32 33
Trademark Registration Pocket Book, Middle East, 2010
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney, legalized
2. License agreement, legalized
3. Copy of certificate of incorporation, certified
Cancellation
A trademark is subject to cancellation by any interested
party if it can be established that the mark was unrightfully
registered.
Fines and Penalties:
Payment of fines of up to 2,000 Omani Riyal
(app. US $ 5,000) and /or imprisonment for a period of up to
2 years.
Time Frame
Assignment shall be completed within 3 years.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions may be filed
within 2 months from publication date. Extension of time for
oppositions/counter- oppositions or for responding to office
actions is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
6 months with surcharge for late renewals.
Documents required for renewal
1. Power of Attorney legalized
Use Requirements
Use of a trademark is not required for registration or renewal.
However a trademark is susceptible to cancellation by any
interested if there has been no effective use of a mark for a
period of 5 consecutive years after registration.
Assignment Requirements
1. Power of Attorney from the assignee, legalized
2 Deed of Assigment, legalized
3 Copy of certificate of incorporation, certified
Change of Name/Address Application
1. Power of attorney legalized
2. Certificate of change of name/address, legalized
19. 34 35
Trademark Registration Pocket Book, Middle East, 2010
6 months for late renewals with payment of a surcharge.
Documents required for renewal
1. Power of Attorney in French simply signed stating
title of the signatory
2. 15 prints of the mark
3. Proof of use
Use Requirements
Use of a trademark is required for renewal only. A trademark
is vulnerable to cancellation by any interested party if there
has been no effective use of the mark for a period of 3
consecutive years after filing date.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned.
1. Power of Attorney from the assignee in French,
simply signed
2. Deed of Assigment, signed by both parties with
French translation notarized
Change of Name/Address Application
1. Power of attorney in French simply signed
2. Certificate of change of name/address of the
applicant with French translation, notarized
Licensing
License recordal is compulsory in order to be effective
against third parties.
1. Power of Attorney in French, simply signed
2. License Agreement with French translation,
notarized
REGISTRATION IN MIDDLE EAST
COUNTRIES
ALGERIA
Classification
The international classification of goods and services
(9th
edition) is followed. A single application may include
several classes.
Filing Requirements
1. A Power of Attorney in French, simply signed.
A separate power of attorney is required for each
application or set of applications
2. Copy of priority document, if priority is claimed,
certified
3. 15 prints of the mark for each application
Time Frame
The Assignment shall be completed within 2 years.
Opposition
Trademark applications are published in the Official Gazette
after registration, and there is no provision for filing an
opposition to the registration of a mark.
Extension of Time
Extension of time is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
20. 36 37
Trademark Registration Pocket Book, Middle East, 2010
EGYPT
Classification
The international classification of goods and services
(8th
edition) is followed. A separate application is required for
each class.
Filing Requirements
1. A Power of Attorney legalized. A general power of
attorney may be used for subsequent filings
2. Copy of priority document, if priority is claimed,
certified
3. 10 prints of the mark for each application
Time Frame
The Assignment shall be completed within 12 months.
Opposition
Trademark applications accepted by the Registrar are
published in the trademark Gazette. Oppositions may be filed
within 60 days from publication date.
Extension of Time
Extension of time for oppositions/counter oppositions or for
responding to office actions is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
6 months for late renewals with payment of a surcharge.
Documents required for renewal
Power of Attorney legalized.
Marking
Marking is not compulsory
Cancellation
A trademark is subject to cancellation before the court by any
interested party within 5 years from filing date.
21. 38 39
Trademark Registration Pocket Book, Middle East, 2010
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark. A trademark is vulnerable to cancellation by any
interested party if there has been no effective use of the mark
for a period of 5 consecutive years from registration date.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned.
1. Power of Attorney from the assignee, legalized
2. Power of Attorney from the assignor, legalized
3. Deed of Assigment, legalized
4. Certificate of incorporation of the assignee,
legalized
Change of Name/Address Application
1. Power of attorney, legalized
2. Certificate of change of name/address of the
applicant, legalized
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney from licensor, legalized
2. Power of Attorney from licensee, legalized
3. License Agreement, legalized
4. Certificate of incorporation of the licensee, legalized
Marking
Marking is not compulsory
Cancellation
A trademark is subject to cancellation before the court by any
interested party within 5 years from registration date.
IRAN
Classification
The international classification of goods and services (8th
edition) is followed. Class 33 and alcoholic goods in class
32 cannot be registered in the Iran. A single application may
include several classes.
Filing Requirements
1. A Power of Attorney legalized. A general power of
attorney may be used for subsequent filings
2. Copy of home or foreign registration, certified. If
unavailable, same will be indicated on the registration
certificate
3. Copy of priority document, if priority is claimed,
certified
4. 10 prints of the mark for each application
Time Frame
The Assignment shall be completed within 12 months.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions may be filed
within 30 days from publication date.
Extension of Time
Extension of time for oppositions/counter oppositions or for
responding to office actions is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
22. 40 41
Trademark Registration Pocket Book, Middle East, 2010
6 months for late renewals without payment of a surcharge.
Documents required for renewal
Power of Attorney legalized.
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark. A trademark is vulnerable to cancellation by any
interested party if there has been no effective use of the mark
for a period of 3 consecutive years from registration date.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned.
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized
3. Original registration certificate of the mark(s) for
endorsement
Change of Name/Address Application
1. Power of attorney, legalized
2. Extract from the commercial register or any other
document evidencing this change, legalized
3. Original registration certificate of the mark(s) for
endorsement
Licensing
License recordal is compulsory in order to be effective against
third parties.
1. Power of Attorney, legalized
2. Copy of License Agreement, legalized
Marking
Marking is not compulsory.
Cancellation
Cancellation proceedings must be brought within 3 years
from registration date, after 3 years the trademark is deemed
incontestable.
23. 42 43
Trademark Registration Pocket Book, Middle East, 2010
IRAQ
Classification
The international classification of goods and services
(7th
edition) is followed with local sub-classification. A single
application may include several classes and sub-classes.
Filing Requirements
1. A Power of Attorney legalized. A general power of
attorney may be used for subsequent filings
2. Copy of priority document, if priority is claimed,
certified
3. 10 prints of the mark for each application ( Arabic
transliteration is required)
Time Frame
The Assignment shall be completed within 2 years.
Opposition
Trademark applications accepted by the Registrar are
published in the Trademark Bulletin. Oppositions may be filed
within 90 days from the third bulletin publication date.
Extension of Time
Extension of time for oppositions/counter oppositions or for
responding to office actions is not possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is no grace period
of 6 months for late renewal of a trademark.
Documents required for renewal
Power of Attorney legalized.
Re-registration of a lapsed mark is possible within one month
from the renewal deadline.
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark. A trademark is vulnerable to cancellation by any
interested party if there has been no effective use of the mark
for a period of 2 consecutive years from registration date.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned unless
otherwise agreed upon.
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized
Change of Name/Address Application
1. Power of attorney, legalized
2. Extract from the commercial register or any other
document evidencing this change, legalized
For a change of address, only a legalized power of attorney
is required.
Licensing
License recordal is compulsory in order to be effective against
third parties.
1. Power of Attorney, legalized
2. License Agreement, legalized
24. 44 45
Trademark Registration Pocket Book, Middle East, 2010
Marking
Marking is not compulsory.
Cancellation
A trademark is subject to cancellation by any interested party
if it is proved that the mark is not entitled to registration within
the provisions of the law.
JORDAN
Classification
The international classification of goods and services
(7th
edition) is followed with local sub-classification.Aseparate
application is required for each class.
Filing Requirements
1. A Power of Attorney legalized. A general power of
attorney may be used for subsequent filings
2. Copy of priority document, if priority is claimed, certified
3. Prints of the mark
Time Frame
The Assignment shall be completed within 12 months.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions may be filed
within 90 days from the publication date.
Extension of Time
Extension of time for oppositions/counter oppositions or for
responding to office actions is possible.
Protection Term
Trademark registrations are valid for 10 years from filing date
or from priority date if priority is claimed, and are renewable
for like periods. There is a grace period of 1 year for late
renewals without payment of a surcharge.
Documents required for renewal
Power of Attorney legalized.
25. 46 47
Trademark Registration Pocket Book, Middle East, 2010
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark. A trademark is vulnerable to cancellation by any
interested party if there has been no effective use of the mark
for a period of 3 consecutive years preceding date of filing for
cancellation.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned.
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, legalized
Change of Name/Address Application
1. Power of attorney, legalized
2. Certificate of change of name, legalized
For a change of address, only a legalized power of attorney
showing new address is required.
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney, simply legalized
2. License Agreement, legalized with Arabic translation
Marking
Marking is not compulsory
Cancellation
A trademark is subject to cancellation by any interested party
within 5 years from registration date.
LEBANON
Classification
The international classification of goods and services (9th
edition) is followed. A single application may include several
classes.
Filing Requirements
1. APower ofAttorney simply signed.Aseparate power
is required for each application
2. Copy of priority document, if priority is claimed,
certified
3. 1 film and 3 prints of the mark
Time Frame
The Assignment shall be completed within 12 months.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette. Oppositions to any registered
trademark may be filed before the court.
Extension of Time
Extension of time is not possible.
Protection Term
Trademark registrations are valid for 15 years from filing date
and are renewable for like periods. There is a grace period of
3 months for late renewals with payment of a surcharge.
Documents required for renewal
1. Power of Attorney, simply signed
2. 1 film and 3 prints
26. 48 49
Trademark Registration Pocket Book, Middle East, 2010
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned. The
recordal of an assignment may be made within 3 months
after the transfer. Late recordals are possible upon payment
of a surcharge for each delay of two months
1. Power of Attorney from the assignee,simply signed
2. Deed of Assigment, legalized
Change of Name/Address Application
1. Power of attorney, simply signed
2. Certificate of change of name, legalized
For a change of name, no documents are required.
Licensing
License recordal is not compulsory but advisable in order to
be effective against third parties.
1. Power of Attorney, simply legalized
2. License Agreement, legalized
Marking
Marking is not compulsory
Cancellation
A trademark is subject to cancellation by any interested party
within 5 years from filing date.
LIBYA
Classification
The international classification of goods and services (8th
edition) is followed. Class 33 and alcoholic goods in class
32 cannot be registered in Libya. A separate application is
required for each class.
Filing Requirements
1. A Power of Attorney legalized. A general power may
be used for subsequent filings
2. Certificate of incorporation or extract from the
commercial register, legalized, with sworn Arabic
translation
3. Copy of priority document, if priority is claimed,
certified
4. 10 prints of the mark for each application
Time Frame
The Assignment shall be completed within 12 months.
Opposition
Trademark applications accepted by the Registrar are
published in the Official Gazette before registration.
Oppositions may be filed within 3 months from the filing
date.
Extension of Time
Extension of time for oppositions/counter oppositions or for
responding to office actions is not possible.
27. 50 51
Trademark Registration Pocket Book, Middle East, 2010
Protection Term
Trademark registrations are valid for 10 years from filing date
and are renewable for like periods. There is a grace period of
3 months for late renewals with payment of a surcharge.
Documents required for renewal
Power of Attorney, legalized.
Use Requirements
Use of a trademark is not required for registration or renewal
of a mark. A trademark is vulnerable to cancellation by any
interested party if there has been no effective use of the mark
for a period of 5 consecutive years.
Assignment
Trademark applications and registrations may be assigned
with or without the goodwill of the business concerned.
1. Power of Attorney from the assignee, legalized
2. Deed of Assigment, together with goodwill of the
business, legalized, with sworn Arabic translation
3. Certificate of incorporation or extract from the
commercial register, legalized, with sworn Arabic
translation
Change of Name/Address Application
1. Power of attorney, legalized
2. Certificate of change of name/ address from Home
Registry, legalized
Licensing
License recordal is not compulsory, but advisable in order to
be effective against third parties.
1. Power of Attorney, legalized
2. License Agreement, legalized, with sworn Arabic
Translation
3. Certificate of Incorporation or extract from the
commercial register, legalized with sworn Arabic
Translation
Marking
Marking is not compulsory.
Cancellation
A trademark is subject to cancellation by any interested party
within 5 years from the date of registration.
28. 52 53
Trademark Registration Pocket Book, Middle East, 2010
JITENDRA INTELLECTUAL
PROPERTY
ﻟـــﻠـــﻣـــﻠـــﻛـــﻳـــﺔ ﺟـــﺗـــﻳـــﻧـــﺩﺭﺍ
ﺍﻟـــﻔـــﻛﺭﻳــــــﺔ
Deed of Assignment ﻣـــﻠـــﻛـــﻳـــﺔ ﻧـــﻘـــﻝ ﻋـــﻘـــﺩ
This assignment made the
……… day of ………. 20……..
Between:...................................
ﻣﻥ ............ﺍﻟﻳﻭﻡ ﻫﺫﺍ ﺍﻟﻣﻠﻛﻳﺔ ﻧﻘﻝ ﻋﻘﺩ ﻧﻅﻡ
...:ﻣﻥ ﻛﻝ ﺑﻳﻥ ﻓﻳﻣﺎ .............ﺳﻧﺔ .......ﺷﻬﺭ
.................................................
...................................................
............................................... of
...................................................
...................................................
(hereinafter called the
Assignor(s) of the one part and
of...............................................
.............. (hereinafter called the
Assignee(s) of the other part.
....................................................
....................................................
....................................................
........................................ ﻓﻲ ﺍﻟﻣﻘﻳﻡ
….……………....…………………
:ﺟﻬﺔ ﻣﻥ ( ﺑﺎﻟﻣﺣﻭﻝ ﻳﻠﻲ ﻓﻳﻣﺎ )ﺍﻟﻣﺳﻣﻰ
…….…………....…………………
........................................:ﻓﻲ ﺍﻟﻣﻘﻳﻡ
:ﺟﻬﺔ ﻣﻥ (ﺍﻟﻳﻪ ﺑﺎﻟﻣﺣﻭﻝ ﻳﻠﻲ ﻓﻳﻣﺎ )ﺍﻟﻣﺳﻣﻰ
Whereas the Assignor(s) is/are
the proprietor(s) of the following
trademark(s) registered in
……… under No(s).
...................................................
...................................................
...................................................
ﺍﻟﻭﺣﻳﺩ ﺍﻟﻣﺎﻟﻙ ﻫﻭ ﺍﻟﻣﺣﻭﻝ ﺃﻥ ﺣﻳﺙ
..................ﻓﻲ ﺍﻟﻣﺳﺟﻠﺔ ﺍﻟﺗﺟﺎﺭﻳﺔ ﻟﻠﻌﻼﻣﺎﺕ
ﺗﺣﺕ ..............................................
............:ﺍﻷﺭﻗﺎﻡ
....................................................
....................................................
....................................................
DEED OF ASSIGNMENT
SAMPLES, FORMATS AND
PROCEDURE
And whereas the Assignor(s)
has/have agreed with the
assignee(s) to assign, sell and
transfer the said registered
trademark(s) to the assignee(s).
ﻋﻠﻰ ﺍﻟﻳﻪ ﺍﻟﻣﺣﻭﻝ ﻣﻊ ﺍﺗﻔﻕ ﻗﺩ ﺍﻟﻣﺣﻭﻝ ﺃﻥ ﻭﺣﻳﺙ
ﺍﻟﺗﺟﺎﺭﻳﺔ ﺍﻟﻌﻼﻣﺎﺕ ﻣﻠﻛﻳﺔ ﻭﺗﺣﻭﻳﻝ ﻭﺑﻳﻊ ﻧﻘﻝ
.ﺍﻟﻳﻪ ﺍﻟﻣﺣﻭﻝ ﺍﻟﻰ ﺍﻟﻣﺫﻛﻭﺭﺓ
Now this deed witnesses that in
pursuance of the said agreement
and in consideration of the sum
of ……………………………….
the receipt of which is hereby
acknowledged, the Assignor(s)
do hereby assign and transfer
to the Assignee(s) the said
registered trademark(s) together
with the goodwill of the business
concerned in the goods in
respect of which the said
trademark(s) is/are respectively
registered.
Accordingly, the said registered
trademark(s) has /have become
as from the date of this deed
the absolute property of the
Assignee(s) and their assigns
and/or successor(s). The
Assignor(s) and the Assignee(s)
accept the aforesaid assignment
and hereby appoint.
ﻭﺑﻣﻘﺎﺑﻝ ﺍﻟﻣﺫﻛﻭﺭﺓ ﻳﺔ ﻟﻼﺗﻔﺎﻕ ﻭﻭﻓﻘﺎ ﺑﺫﻟﻙ ﺍﺷﻬﺎﺩﺍ
............................................ﻣﺑﻠﻎ
ﺍﻟﻣﺣﻭﻝ ﻳﻌﺗﺭﻑ ﺍﻟﺫﻱ ........................
ﺍﻟﻣﺣﻭﻝ ﺍﻟﻰ ﻭﻳﺣﻭﻝ ﺍﻟﻣﺣﻭﻝ ﻳﻧﻘﻝ .ﺑﺎﺳﺗﻼﻣﻪ
ﺃﻋﻼﻩ ﺍﻟﻣﺫﻛﻭﺭﺓ ﺍﻟﺗﺟﺎﺭﻳﺔ ﺍﻟﻌﻼﻣﺎﺕ ﻣﻠﻛﻳﺔ ﺍﻟﻳﻪ
ﺍﻟﺗﻲ ﺑﺎﻟﺑﺿﺎﻋﺔ ﺍﻟﻣﺗﻌﻠﻘﺔ ﺍﻟﺗﺟﺎﺭﻳﺔ ﺍﻟﺳﻣﻌﺔ ﻣﻊ
ﺃﺻﺑﺣﺕ ﻭﺑﺫﻟﻙ ،ﺍﻟﻌﻼﻣﺎﺕ ﻫﺫﻩ ﺳﺟﻠﺕ ﺃﺟﻠﻬﺎ ﻣﻥ
ﻣﻠﻛﺎ ﺗﺎﺭﻳﺧﻪ ﻣﻥ ﺍﻻﺗﻔﺎﻕ ﻫﺫﺍ ﻣﻭﺿﻭﻉ ﺍﻟﻌﻼﻣﺎﺕ
.ﻣﻁﻠﻘﺔ ﺑﺻﻭﺭﺓ ﻳﺧﻠﻔﻪ ﻭﻣﻥ ﺍﻟﻳﻪ ﻟﻠﻣﺣﻭﻝ ﺧﺎﺻﺎ
ﺍﻟﻣﻠﻛﻳﺔ ﺗﺣﻭﻳﻝ ﺍﻟﻳﻪ ﻭﺍﻟﻣﺣﻭﻝ ﺍﻟﻣﺣﻭﻝ ﻭﻳﻘﺑﻝ
ﺑﻬﺫﺍ ﻭﻳﻭﻛﻼﻥ ﺍﻟﺫﻛﺭ ﺍﻵﻧﻔﺔ
..................................................
ﺍﻟﺿﺭﻭﺭﻳﺔ ﺍﻻﺟﺭﺍءﺍﺕ ﻻﺗﺧﺎﺫ .................
ﺍﻟﻣﺳﺟﻝ ﺩﺍﺋﺭﺓ ﻟﺩﻯ ﺍﻟﻌﻘﺩ ﻫﺫﺍ ﺑﺗﺳﺟﻳﻝ ﻟﻠﻘﻳﺎﻡ
.ﺍﻟﻣﺧﺗﺹ
………………… to pursue
the necessary procedures to
effect the resignation of this
Deed at the Registrar’s Office
concerned.
ﺍﻟﻌﻘﺩ ﺑﻬﺫﺍ ﻭﺿﻌﺕ ﻓﻘﺩ ﺗﻘﺩﻡ ﻣﺎ ﻋﻠﻰ ﺍﺳﺗﺷﻬﺎﺩﺍ
ﺍﻟﻳﻭﻡ ﻓﻲ ﺍﻟﻣﺫﻛﻭﺭﻳﻥ ﻟﻸﻁﺭﺍﻑ ﻭﺍﻟﺗﻭﺍﻗﻳﻊ ﺍﻻﺧﺗﺎﻡ
.ﺃﻋﻼﻩ ﺍﻟﻣﺑﻳﻧﻳﻥ ﻭﺍﻟﺳﻧﺔ
29. 54 55
Trademark Registration Pocket Book, Middle East, 2010
In witness whereof the common
seals of the parties hereto were
hereunto affixed the day and
year first above written.
Assignee(s)ﺍﻟﻳﻪ ﺍﻟﻣﺣﻭﻝ Assignor(s)ﺍﻟﻣﺣﻭﻝ
POWER OF ATTORNEY
I/We..................................................................................................
Of.......................................................................................................
Have appointed Jitendra Intellectual Property- to act as my/our
agents for the registration, cancellation or renewal, amendment and
assignment of trademarks, patents, designs, copyrights or recording
license agreements and domain names belonging to me/us in the
United Arab Emirates. I/ we request that all notices, requisitions,
communications and certificates relating thereto to be sent to the
said Agent(s) at the following address, which is also my/our address
for the purpose of serving all the above :
Jitendra Intellectual Property – P. O. Box 43630, Dubai,
United Arab Emirates. I/We hereby undertake to give notice to
the department(s) concerned of any change in my/ our address for
serving the notices mentioned above during the period of protection.
I/We authorize the said Agent(s) to appoint a substitute or substitutes,
to alter and amend any documents, to maintain the matter subject
hereof in force, to defend my/ our rights against oppositions and legal
proceedings, to deposit oppositions on my/ our behalf, to appoint
lawyers to represent me/us and /or defend my/our rights before any
administrative and/or legal entity, and I/we hereby confirm and ratify
whatsoever the said Agents, their substitute(s) may lawfully do. I/We
hereby revoke all previous authorizations (if any) in respect of the
same matter.
Signed in…………………………………………………………
This day of ………………………………………………………
30. 56 57
Trademark Registration Pocket Book, Middle East, 2010
Favourable Unfavourable
TRADEMARK REGISTRATION PROCEDURE
IN UAE
Stop
Filing Of Trademark
Application
Rejection
Unfavourable Favourable
Approval From Ministry
Objection Publication In
Website
Publication In Official
Gazette Cd
Trademark
Certification
* The above process takes approximately 12 to 15 months
Stop
Unfavourable Favourable
Stop
Search
Initial
Inspection
Appeal Paper Publication In 2
Local Newspapers
Appeal
Requirements
1. A power of attorney signed by the applicant, indicating
the full name and position of the signatory.
2. The particulars of the applicant.
3. Prints of the mark.
4. A list of goods and/or services and the classes pertaining
thereto.
5. Translation of foreign terms is required.
6. A General Authorization form is required for international
customers.
WORLDWIDE REGISTRATION
REQUIREMENTS
European Community Trademark (CTM)
A CTM registration will be one trademark right covering all the
countries of the European Union namely:
1. Austria
2. Belgium
3. Cyprus
4. Czech Republic
5. Denmark
6. Estonia
7. Finland
8. France
9. Germany
10. Greece
11. Hungary
12. Ireland
13. Italy
14. Latvia
15. Lithuania
16. Luxembourg
17. Malta
18. Poland
19. Portugal
20. Slovakia
21. Slovenia
22. Spain
23. Sweden
24. The Netherlands
25. United Kingdom
26. Bulgaria
27. Romania
31. 58 59
Trademark Registration Pocket Book, Middle East, 2010
ARIPO
AFRICAN REGIONAL INDUSTRIAL
PROPERTY ORGANIZATION
African Regional Industrial Property Organization is a
creation of the joint efforts of the United Nations Economic
Commission for Africa and the world Intellectual Property. The
said efforts were incarnated in the Lusaka Agreement which
was adopted by a diplomatic conference held at Lusaka,
Zambia on December, 1976. ARIPO only covers fifteen
countries of English ﺫspeaking Africa (Anglophone Africa) or
strictly speaking former British colonies.
ARIPO office administers Intellectual Property matters as
provided for in the Harare Protocol and the Banjul Protocol.
Banjul Protocol deals with trademarks. States currently
party to the Banjul Protocol are Botswana, Lesotho, Malawi,
Namibia, Swaziland, Tanzania, Uganda and Zimbabwe. Total
eight states are the members.
The ARIPO regional system provides choice as to the route
of filing applications namely, the member state route and the
ARIPO office route. An applicant may file a single application
either at one of the contracting state office or directly to
ARIPO office. An applicant whichever route he chooses has
the right to designate in his application any or all members of
ARIPO where he wishes his intellectual property right to be
protected. Language used is English.
Classification
The 42 classes of the International classification of goods
and services are followed for Botswana, Lesotho, Namibia,
Tanzania and Zimbabwe. The 34 classes of the International
classification of goods are followed for Malawi and Uganda.
One application can cover more than one class.
Duration
A trademark registration shall be valid for 10 years as of
the date of registration and may be renewed for similar
consecutive period.
Renewal of Application
(a) Simply Signed Power of Attorney
(b) Prints of the trademark as originally registered
Assignments and Licensing
(a) A power of attorney simply signed
(b) A duly authenticated assignment and licensing document
32. 60 61
Trademark Registration Pocket Book, Middle East, 2010
MADRID SYSTEM FOR INTERNATIONAL
REGISTRATION OF TRADEMARKS
Madrid System functions under the Madrid Agreement
(1891) and the Madrid Protocol (1989). It is administered by
the International Bureau of the World Intellectual Property
Organization (WIPO) located in Geneva, Switzerland. The
Madrid system offers a trademark owner the possibility to
have his trademark protected in several countries by simply
filing one application directly with his own national or regional
trademark office. An international mark so registered is
equivalent to an application or a registration of the same
mark effected directly in each of the countries designated
by the applicant. The Madrid system also simplifies greatly
the subsequent management of the mark, since it is possible
to record subsequent changes or to renew the registration
through a single procedural step. The total number of member
countries to the Madrid System is 84 of which majorities
are members to the Madrid Protocol (http://www.wipo.int/
export/sites/www/treaties/en/documents/pdf/madrid_marks.
pdf) Among the GCC Countries Bahrain and Oman are the
member countries in Madrid Protocol.
The objectives of the Madrid system are two- fold. Firstly, it
helps in obtaining protection for trademark internationally.
Secondly, since an international registration is equivalent to a
bundle of national registrations, the subsequent management
of that protection is made much easier.
The Madrid System of international registration cannot be
used by a person or legal entity which does not have the
necessary connection, through establishment, domicile or
nationality, with a member of the Madrid System. Nor can it
be used to protect a mark outside the Madrid Union.
TRADEMARK REGISTRATION IN INDIA
India follows the 8th edition of NICE classification, but the
Registry is currently not equipped to accept services in class
43, 44 & 45. Hence these services will fall under class 42 for
the present. This class is therefore looked upon as a residual
class of sorts.
Filing Requirements
1. A simple signed Power of Attorney
2. Name(s), nationality, occupation and address of the
applicant(s)
3. 10 copies of the mark
4. A certified priority document or a copy of it duly notarized,
if priority is to be claimed
5. From which date (or month of the year or yesr) the mark
is being used in India. If not used in India, mention
‘proposed to use’
Time Frame
The Assignment shall be completed within 18-20 months.
Opposition
Under the Trademark law opposition to the registration of a
mark can be filed on the ground that it is identical or similar
to an earlier registered trademark and also that the goods
specification of both the marks are similar or identical.
Protection Term
The registration when granted is valid for a period of 10 years
from the date of registration (i.e. the date of application)
33. 62 63
Trademark Registration Pocket Book, Middle East, 2010
Renewal of Trademark/Service Mark
1. A simple signed Power of Attorney
2. The trademark registration number and the mark
registered along with a copy of the registration certificate
Assignment
1. A simply signed Power of Attorney
2. Trademark Application/registration number and the mark
proposed to be registered
3. A notarized copy of assignment deed signed by the
assignor and the assignee
4. Name, Adress, nationality and professionor nature of
business of the assignee
5. Whether the assignment is with or without the goodwill
of the business. If it is with or without the goodwill of
the business, it has to be registered with the Trademark
Registry within six months from the assignment deed
Change of Name
1. A simple signed Power of Attorney in the new name and
address
2. A notarized copy of the change of name certified issued
by the competent authority
ARIPO
Botswana
Lesotho
Namibia
Swaziland
Tanzania
Uganda
Zimbabwe
Asia
China
Malaysia
Singapore
Thailand
Pakistan
Bangladesh
Sri Lanka
Afghanistan
South Korea
Indonesia
Japan
GCC
UAE
Bahrain
KSA
Kuwait
Oman
Qatar
Middle East
Algeria
Egypt
Gaza Strip
Iraq
Jordan
Lebanon
Libya
Morocco
Sudan
Syria
Tunisia
West Bank
Yemen
Iran
Turkey
LIST OF COUNTRIES SERVED BY US
34. 64 65
Trademark Registration Pocket Book, Middle East, 2010
EUROPEAN COUNTRIES
Austria
Belgium
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Other European Countries
Russia
Ukraine
Other Countries
USA & Canada
Australia
New Zealand
FOR MORE DETAILS, PLEASE VISIT OR
CONTACT US ON:
www.jcatrademarkuae.com
Email: legalip@jitendragroup.ae
Latvia
Lithuania
Luxembourg
Malta
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
The Netherlands
United Kingdom
Bulgaria
Romania
Latin American Countries
Brazil
Argentina
Ecuador
Honduras
Jamaica
Peru
Mexico
Panama
Disclaimer
Trademark Registration Pocket Book Middle East, 2010 is designed only for the
information of readers. While every effort has been made to ensure accuracy, some
information that may be relevant to a particular reader may not be comprehensive or
may have been omitted.
This book is not intended as a study of all aspects of the Trademark Registration.
The book is not a substitute for reading the standard when dealing with points of
doubt or difficulty.
No responsibility for loss to any person acting or refraining from acting as a result or
any material in this publication can be accepted by Jitendra Intellectual Property or
JCA International. Receipients should not act on the basis of this publication without
seeking professional advice.