Federal Decree by Law No. (36) of 2021 Concerning Trademarks (economy and business law)

Article (1) 
For the purpose of applying the provisions of the present Decree -Law, the following words  
Federal Decree- Law No. (36) of 2021 on Trademarks  2 
 and expressions shall denote the meanings assigned thereto respectively, unless the context 
requires otherwise:  
State  : The United Arab Emirates.  
Ministry  : The Ministry of Economy.  
Minister  : The Minister of Economy.  
Grievance 
Committee  : The Trademark Grievance Committee, formed by virtue of the 
Minister's resolution, pursuant to the provisions of article (14) of 
the present Decree -Law.  
Competent Court  : The Federal Court of Appeal.  
Civil Court  : The Federal or Local Court of First Instance, as the case may be.  
Hologram Mark  : A photographic depiction of a visible spectrum used to display a 
holographic 3D image of the underlying object. The trademark is 
displayed as either a single view of the sign in which the entire 
hologram effect appears, or as several views of the hologram 
from different angles when needed.  
Collective 
Trademark  : A trademark used to distinguish the goods or services of member 
entities of a certain organization that has the legal personality.  
Geographical 
Indications  : Any indicator denoting that a certain commodity has originated 
in a territory of a member state of the WTO, or otherwise in a 
region, location or place of such territory, if the type, goodwill or 
other features of the commodity are essentially attributed to its 
geographical origin.  
Register  : The Trademark Register  
Drawing  
 : Any design that involves a range of visuals (any artistic 
composition).  
Symbol  : Any single visual drawing.  
Inscriptions  : Engraved marks.  
Photos  : Photos of a human being, whether the owner of the project or 
otherwise.   
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 Bulletin of the 
Ministry  : The trademark bulletin issued by the Ministry. Such Bulletin may 
be published in an electronic format on the Ministry's website.

Article (2) 
Every object that has a distinctive form, including names, words, signatures, letters, symbols, 
figures, addresses, stamps, drawings, photos, inscriptions, packaging, figurative elements, 
shapes, color, set of colors or a combination of such elements, or a sign or a set of signs, 
including 3D marks, hologram marks or any other mark used or intended to be used to 
distinguish the commodities or services of a particular organization from the commodities or 
services of any other organizations, to indicate that a particular service is performed, or to 
conduct monitoring or inspection of the commodities or services, shall constitute a 
trademark. Objects related to sound and smell may also be classified as a trademark.

Article (3) 
The following objects may neither be deemed a trademark or part thereof nor be registered 
as a trademark:  
1. A mark that is lacking any distinctive feature or made up of details that are merely the designation commonly given to commodities and services, familiar drawings or normal 
images of commodities and services.  
2. Expressions, drawings or marks offending public morals or the public order.  
3. Public logos, flags, military rank insignias, badges of honour, national and foreign 
accolades, coins, banknotes and any other symbols related to the State or other States or 
Arab or foreign organizations or an institution thereof or any imitation of any of them.  
4. Symbols of the Red Crescent or the Red Cross and other similar symbols and the signs imitating the same.  
5. Marks identical or similar to symbols of a religious nature.  
6. Geographical names and details if the use thereof would likely cause a confusion as to the source or origin of the underlying commodities or services.  
7. A third party's name, surname, photo, logo or nickname, unless he or his heirs approve  
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 the use thereof in advance.  
8. Details related to honors or scientific degrees whose registration applicant fails to prove 
that he is legally entitled thereto.  
9. Marks that would mislead the public or that include false information about the origin or 
source of commodities or services or their other features, as well as marks that contain a 
tradename owned by third parties.  
10. Marks owned by natural or legal persons who are prohibited to be dealt with under the 
legislation in force in the State.  
11. A trademark identical or similar to any other trademark that had been lodged or registered by third party for the same commodities or services or for related 
commodities or services, if the use of the trademark whose registration is applied for 
would give rise to an impression of a connection between them and other commodities 
or services of the registered trademark's owner or would affect the latter's interests.  
12. The trademark of some commodities or services whose registration would undermine 
some commodities or services with an already registered trademark;  
13. The trademarks that involve copying, imitation, translation, Arabization, or vocal translation of a third party's famous trademark or part thereof, and which are intended 
to be used for distinguishing commodities or services identical or similar to those 
distinguished by the famous trademark;  
14. The trademarks that involve copying, imitation, translation, Arabization, or vocal 
translation of a third party's famous trademark or an essential part, and which are 
intended to be used for distinguishing commodities or services that are not identical or 
similar to those distinguished by the famous trademark, if such usage would likely 
indicate a connection between those commodities and services and the famous 
trademark, and it would be likely, in the event of registration of such a trademark, that 
such registration could inflict damage upon the interests of the owner of the famous 
trademark;  
15. The trademarks that include the following expressions or phrases: "franchise, franchised, registered, registered drawing , copyright" or any other similar words or expressions;   
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 Any 3D trademark consisting of a shape resulting from the nature of the commodities 
specified in the registration application or required for achieving a technical result, where 
there are no particular elements that differentiate such shape from other shapes.

Article (4)  
Registration of the Famous Trademark  
1. The famous trademark, whose reputation goes beyond the geographical boundary of the 
State in which it has been registered and extends to the other Countries, may only be 
registered for identical commodities or services if an application to this effect is submitted by 
the owner of such a trademark or if the latter's consent is provided.  
2. In order to determine whether the trademark is famous or not, the extent to which the 
public concerned is aware of such trademark as a result of its promotion, period or 
registration or usage, the number of countries in which this trademark has been registered 
or has become famous, or its value or effect on the promotion of the commodities or 
services distinguished by the famous trademark, shall be taken into consideration;  
3. The famous trademarks may not be registered to distinguish commodities or services not identical or similar to those which are distinguished by such trademarks in the following two cases:  
A. If the use of the trademark indicates a linkage between the commodities or services required to be distinguished and the commodities and services of the owner of the famous trademark; or  
B. If the use of the trademark would inflict damage upon the interests of the owner of the famous trademark;  
  
Chapter Two  
Trademark Registration and Deregistration

Article (5) 
A register shall be created at the Ministry, to be known as the "Trademark Register", in which all the trademarks and their owners' names, addresses, type of business activities,  
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 descriptions of the commodities and services covered by the trademarks, any changes, 
assignment, transfer, pledge, license of use or any other modifications involving the 
trademarks, shall be recorded in the Register.  
Any person may apply to obtain a copy of the data set out in the register against the 
prescribed fees.

Article (6)  
The Right to Register the Trademark  
Any natural or legal person shall be entitled to have the trademark thereof registered in accordance with the provisions hereunder.

Article (7)  
Trademark Registration Application  
The application for trademark registration shall be submitted to the Ministry in accordance with the conditions, controls and procedures specified in the Executive Regulations of this 
Decree Law.

Article (8)  
Registration of Trademark for More than One Category  
1. A single application may be submitted for the registration of a trademark under one or 
more categories of commodities or services, in accordance with the Executive Regulations 
hereof;  
2. The commodities or services shall not be deemed similar to one another just because they 
are listed under the same category, while the commodities or services shall not be deemed 
different from one another just because they are listed under different categories of the 
same classification determined by the Ministry.  
  
  
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Article (9)  
Registration of a Set of Identical Trademarks  
A single application may be submitted for the registration of a set of trademarks that are 
identical in their essential elements and whose differences are limited only to matters not 
essentially affecting their particularity, such as the color or the data of the commodities or 
services related thereto, provided that such commodities or services are listed under the 
same category.

Article (10)  
Registration of A Single Trademark by Two or More Persons  
If two or more persons apply simultaneously for registration of the same trademark or similar or nearly identical trademarks under one category of commodities or services, their 
applications shall be suspended until either of the disputants gives up the trademark in favour of the other party or a final judgment is rendered by the competent court on the 
dispute.

Article (11)  
Priority Right to Apply for Trademark Registration  
If the trademark applicant or the successors thereof in title are wishing to have the priority 
right to apply for registration of the trademark based on a former application filed in a 
Member State of Paris Convention on Industrial Property, a multilateral international 
convention to which the State or any Gulf Cooperation Council State is a party or a bilateral 
agreement to which the State is a party, the applicant shall be required to attach with the 
application a copy of the former application and a statement indicating the former 
application's date and number and the State in which it has been submitted, within a 6-month period of the date of the registration application on which the priority right 
depends. Otherwise, the applicant's right to claim registration priority shall be extinguishe.  
  
  
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Article (12)  
Trademark Registration Controls and Procedures  
1. The Ministry may establish the restrictions and amendments required to determine the 
trademark and to prevent its confusion with any other previously registered trademark or 
any trademark whose registration has been previously applied for;  
2. Should the applicant fail to reply to the Ministry within a 30 -day time limit running from 
the date of being notified of the restrictions or amendments set by the Ministry to determine 
the trademark and to prevent its confusing with any other trademark, the applicant shall be 
deemed as having waived the application thereof.  
3. The Ministry shall decide on the registration application within a 90 -day time limit of the 
date of the submission thereof, subject to meeting the conditions set out in this Decree Law 
and the Executive Regulations hereof.  
4. Should the Ministry refuse to register the trademark for any reason, or render the 
registration contingent upon certain restrictions or amendments, it shall notify the applicant 
or his delegated person in writing of the reasons for its decision, and this notification may be 
served electronically.  
5. The Executive regulations hereof shall determine the other procedures and controls for the registration of trademarks.

Article (13)  
Grievance Against the Rejection or Suspension of Registration  
1. The registration applicant or the trademark owner or his authorized representative may submit to the Grievance Committee a grievance against the Ministry's decision to dismiss or 
suspend the registration application, within 30 days of the date of receiving the dismissal 
notice. Further, the applicant may appeal against the Grievance Committee's resolution 
before the competent court within 30 days of the date of being notified of such resolution.  
2. If the registration applicant fails to appeal against the resolution dismissing the 
application thereof within the time limit set out in the preceding clause or fails to implement 
the condition upon which the application is contingent within the time limit set out in clause  
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 (1) of this article, the applicant shall be deemed as waiving the application.  
5. In all cases, the court shall not admit the case seeking revocation of the Ministry decision 
to dismiss the application for registration or suspending the trademark registration if no 
grievance has been filed against the same.

Article (14)  
Grievance Committee 
1. A committee called "Trademark Grievance Committee" shall be established at the Ministry under the chairmanship of a competent judge to be nominated by the Minister of Justice, 
and shall have two experienced members to be appointed by the Minister. This Committee 
shall be competent to hear the grievances filed by the interested parties against the decisions issued by the Ministry in enforcement of provisions of this Decree -Law and its Executive 
Regulations and the decisions issued in implementation hereof.  
2. The minister shall issue a decision nominating the members of the Trademark Grievance 
Committee and determining its terms of reference and the procedures for filing the 
grievances with it.

Article (15)  
Trademark Announcement  
1. Should the Ministry approve the trademark, it shall, prior registering it, announce the 
trademark on the Ministry's Bulletin at the expenses of the registration applicant, in 
accordance with the procedure set out in the Executive Regulations of this Decree Law. The 
announcement shall indicate the deadline for filing any objection to the trademark registration.  
2. Each interested party may, within 30 days of the date of publication, to submit an 
objection to the Ministry against the registration of the trademark in accordance with the 
procedures and means enshrined in the Executive Regulations hereof.  
  
  
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Article (16)  
Procedures for Deciding on the Objections Submitted to the Ministry  
The Executive Regulations of the present Decree -Law shall define the procedures to be 
applied by the Ministry for deciding on the objections submitted to it.  
The provisions on the grievances and appeal set out in article (13) hereof shall apply to the 
Ministry's decision to reject the objection.  
A grievance or appeal against the decision to reject the objection shall not result in 
suspending the procedures for registering the trademark, unless the competent court 
decides to suspend the implementation of the decision issued to register the trademark 
under consideration in the objection.

Article (17)  
Trademark Registration Certificate  
1. If the trademark be registered, the legal effect of its registration shall commence of the 
date of submitting the application. The owner of the trademark shall be given a 
certificate including the following information:  
a. The registration number of the trademark.  
b. Number and date of priority as well as the name of  the State in which the application 
has been submitted, if any.  
c. Date of submission of the application, date of registration of the trademark and 
expiry date of the protection.  
d. The trademark owner's name, surname, place of residence and nationality.  
e. A certified copy of the mark.  
f. Details of the goods or services for which the trademark is allocated, and the 
trademark's category.  
2. The owner of a registered trademark shall enjoy the right to prevent any third party, who fails to obtain his consent, from using the trademark or an identical or similar mark 
thereof, including any geographical indication in trading for distinguishing goods or 
services connected to those for which the trademark has been registered, whenever such  
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 use is likely to create confusion in the minds of the consumers in case the same or similar 
trademark is used to distinguish goods or services similar to those for which the 
trademark has been registered.

Article (18)  
Ownership and Disputed Ownership of Trademark  
1. Whoever registers a trademark shall be considered its owner. Ownership of a trademark 
may not be a matter of dispute whenever it is registered and used for an uninterrupted 
period of at least five (5) years without being involved in any legal proceedings, unless it 
is proven that the person who registered the trademark has acted in bad faith.  
2. Any person, who has used the trademark earlier than the one in whose name the 
trademark is registered with the ministry, may apply to the Ministry to have the 
trademark deregistered within (5) five years of the date of its registration, unless he 
expressly or implicitly agrees that the trademark be used by the one in whose name it 
has been registered.

Article (19)  
Trademark Modifications  
1. The owner of a previously registered trademark may, at any time, apply to the Ministry 
to introduce any addition or modification to the form of the trademark, goods or services 
without fundamentally affecting the particularity of the trademark. The Ministry shall 
decide on such application in accordance with the procedures specified by the Executive 
Regulations of this Decree -Law.  
2. The provisions on grievance and appeal set out in article (13) hereof shall apply to the 
Ministry's decision to reject the addition or modification.

Article (20)  
Amendment in the Register  
1. The Ministry may, either sua sponte or upon the request of the person concerned, add to  
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 the register any information that has been omitted, remove or amend any information 
unduly recorded therein or falsely stated.  
2. The provisions on grievances and appeal set out in article (13) hereof shall apply to the Ministry's decision to modify the register or remove any items therefrom.

Article (21)  
Trademark's Protection Period and its Extension  
1. The duration of protection resulting from the registration of a trademark shall be (10) ten years commencing from the date of submitting the application. If the right holder 
wishes to renew the protection for similar periods, he shall submit for renewal of the 
trademark registration to the Ministry during the periods, conditions and procedures 
specified by the Executive Regulations of this Decree -Law.  
2. The trademark shall be renewed without any new examination. Such renewal shall be 
announced in the Ministry's bulletin.

Article (22)  
Registration Renewal Application Procedures and Fees  
1. The Executive Regulations of this Decree -Law shall determine the period of time during 
which the trademark owner is required to submit an application for renewal of the 
protection period to the Ministry, and shall describe the procedures and fees for such 
renewal.  
2. If the period specified by the Executive Regulations of this Decree -Law for renewal of the 
protection period lapses without a renewal application being submitted by the 
trademark owner, the trademark shall be deemed removed from the register as of the 
expiry date of the protection period.  
  
 
  
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Article (23)  
Temporary Protection for Trademark on the Goods and Services Displayed 
in Exhibitions  
Trademarks placed on goods displayed or used on services provided at official or officially 
recognized international exhibitions organized inside the country, during the period of their 
display, shall enjoy temporary protection if they meet the conditions for trademark 
registration and the rules and procedures for granting the temporary protection specified by 
the Executive Regulations of this Decree -Law.

Article (24) 
Trademark Deregistration  
1. The owner of the trademark may apply to the Ministry in order to have the trademark 
removed from the register, for all or part of the goods or services for which the 
trademark has been registered.  
2. The owner of a well -known trademark, whose reputation exceeds the geographical 
borders of the country and which is similar to a trademark registered with the Ministry, 
may apply to the Ministry to have the registered trademark deregistered within (5) five 
years of the date of its registration, unless it is proven that there is bad faith on the part of 
the person who has registered the trademark.  
3. The interested person may apply to the Ministry to have the trademark that has not been used for (5) five consecutive years deregistered, unless there are emergency 
circumstances that have prevented the trademark from being used.  
4. The Ministry may, either sua sponte or upon a request from the parties concerned, 
deregister the trademark that has been registered in violation of the provisions of this 
Decree- Law, or in the cases specified by its Executive Regulations.  
5. If the trademark is licensed to be used in accordance with a contract that has been 
registered or annotated in the trademark register, the Ministry may deregister such 
trademark at the request of its owner, unless the contract stipulates the consent of the 
beneficiary on the deregistration, without prejudice to article (31) hereof.   
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 6. The Executive Regulations of this Decree -Law shall determine the conditions, terms, and 
procedures for submitting the applications referred to in this Article, and the mechanism 
for deciding thereon.  
7. The provisions on grievances and appeals set out in article (13) hereof shall apply to the 
Ministry's decision to deregister the trademark or reject the deregistration application.

Article (25)  
Announcement of Deregistration and Renewal of the Trademark  
The deregistration or renewal of the trademark shall be announced both in the Ministry's 
bulletin and by any publication method specified by the Executive Regulations of this 
Decree- Law.

Article (26)  
Amendments of the Register  
Based upon an application from the person concerned, the competent court shall order that 
any information be added to the Register if the same has been omitted to be recorded 
therein, or that any data unduly recorded therein or falsely stated be removed or amended. 
The Ministry may perform such an action sua sponte.

Article (27)  
Trademark Re -registration  
If a Trademark is removed from the Register, it may only be re -registered in the name of a 
third party for the same or similar goods or services except after the lapse of three (3) years 
of the date of its deregistration, unless the deregistration has been made based on a 
judgment of the competent court and that the judgment specifies a shorter period for re-registration of the trademark.  
  
  
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 Chapter Three  
Assignment, Transfer and Pledge of Trademarks

Article (28) 
1. The trademark registration application may be assigned, and the ownership of the 
registered trademark may be transferred, with or without compensation, pledged or 
attached together with the commercial premises or venture establishment or the whose 
goods or services are distinguished by the Trademark, unless otherwise agreed.  
2. The ownership of the trademark shall be transferred by way of inheritance, will, gift, or 
any other legal form.  
3. In all cases, the transfer, pledge or attachment of the trademark shall have legal effect vis-à-vis third parties only after the same is recorded in the register and announced to 
the public by any publication method, in accordance with the procedures and conditions specified by the Executive Regulations of this Decree -Law.

Article (29) 
1. The transfer of ownership of the commercial premises or venture shall include the trademark registered in the name of the owner of the premises or venture, whenever 
they are closely related to the commercial premises or venture, unless otherwise agreed.  
2. If the ownership of the commercial premises or venture is transferred without the trademark, the transferor may continue to manufacture or trade in the same goods or 
provide the same services for which the trademark has been registered, unless otherwise 
agreed.  
  
Chapter Four  
Agreements Licensing the Use of Trademarks

Article (30) 
1. The owner of trademark may use the trademark himself, and may grant to one or several 
natural or legal persons a license to use the Trademark for all or part of the goods or 
services in respect of which the trademark is registered, unless otherwise agreed, and in  
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 accordance with the procedures and controls stipulated in the Executive Regulations of 
this Decree- Law.  
2. The duration of the license to use the trademark shall not be longer than the period prescribed for its protection in accordance with the provisions hereof.

Article (31)  
Conditions of the Agreements Licensing the Use of Trademarks  
The agreement licensing the use of the trademark shall be drafted in writing and duly notarized, and it shall not be required to be annotated or recorded in the register. The 
Executive Regulations of this Decree -Law shall specify the controls of the annotation or 
recording in the register if any of the parties concerned so request.

Article (32)  
Removal of Registered License from the Register  
The registered license shall be removed from the register based upon the request of the 
trademark owner, the licensee or their legal representative, upon submitting evidence of 
termination or rescission of the license agreement. The Ministry shall notify the other party 
of the license deregistration application. Such party may object to the deregistration 
application, in accordance with the procedures and conditions prescribed in the Executive 
Regulations of this Decree -Law.

Article (33)  
Limitations on the License to Use the Trademark  
Limitations may not be imposed on the beneficiary of the license to use the trademark, where such limitations are not originating from the rights conferred by the registration of 
the trademark or are not necessary for the maintenance of such rights. Nevertheless, the 
license agreement may contain the following limitations:  
1. Delimitation of the geographical area or the duration of using the Trademark.  
2. Requirements for effective quality control of goods or services.   
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 3. The obligations imposed on the licensee to refrain from any actions that may result in 
abuse of the trademark.

Article (34) 
A beneficiary of the license to use the trademark may not assign the license to third parties or grant sub -licenses, unless otherwise agreed with the owner of the trademark.  
  
Chapter Five  
Collective, Control, Public Benefit Organizations and Professional 
Organizations Trademarks

Article (35) Collective Trademarks  
1. The Executive Regulation of this Decree -Law shall define the conditions and controls for 
registering and using the collective trademarks.  
2. A collective trademark may not be re -registered for the benefit of third parties in the 
event that it is deregistered in respect of the identical or similar goods or services.  
3. The Ministry may, upon the request of the person concerned, deregister a co llective 
trademark if it is convinced that the registered owner is using it alone, that he is using it or allowing it to be used in violation of the conditions specified by the Executive 
Regulations of this Decree -Law, or that he is using it in a way that is likely to mislead the 
public in respect of the origin of the goods or any common characteristic of the goods or 
services for which the collective trademark has been registered.

Article (36)  
Registration of the Trademark for the Purposes of Control or Inspection  
1. The legal persons undertaking the control or inspection of certain goods or services as to 
their origin, components, manufacturing process, quality, particularity or any other 
characteristics, may apply to the Ministry to register a trademark belonging to them to 
serve as an indication of conducting the control and inspection process, in accordance with the conditions and controls specified by the Executive Regulations of this  
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 Decree- Law. In all cases, the owner of the registered trademark shall notify the Ministry 
of any changes in such requirements.  
2. The registration of such trademark shall have all the effects stipulated herein. In case the 
said trademark is deregistered or not renewed, it may not be re -registered in respect of 
identical or similar goods or services.

Article (37)  
Registration of the Trademark for Non -Commercial Purposes  
1. A trademark may be registered for non -commercial purposes, such as the logos used by 
associations of public interest or used by professional organizations to distinguish their 
services or as badges for their members, in accordance with the conditions and controls 
specified by the Executive Regulations of this Decree -Law.  
2. The  registration of such trademark shall have all the effects stipulated herein, In case the 
said trademark is deregistered or not renewed, it may not be re -registered in respect of 
identical or similar goods or services.  
  
Chapter Six 
Geographical Indications

Article (38)  
Types of Geographical Indications  
The registration of the geographical indications as a trademark shall conform to the provisions of this Decree -Law and its Executive Regulations.  
A geographical indication may be a sign or a group of signs in any form whatsoever, such as words, including geographical or personal names, letters, numbers, holographic elements, color or colors.  
  
 
  
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Article (39)  
Prohibitions  
It shall be prohibited for every natural or legal person to carry out the following:  
1. To use any means for naming or displaying any commodity in a way that suggests that 
its geographical origin is not the true one, in a manner that misleads the public about this 
origin.  
2. To use a geograph ical indication in a way that is considered unfair competition in 
accordance with the Paris Convention for the Protection of Industrial Property or in 
accordance with the international laws and agreements in force in the country.  
2.

Article (40)  
Protection of the Geographical Indications 
Geographical indications shall enjoy the protection stipulated herein as long as these indications are protected in the country of origin.

Article (41) 
All geographical indications with similar names shall enjoy the protection stipulated herein, 
provided that their producers are treated fairly and that their consumers are not misled.

Article (42)  
Geographical Indications Register  
The Ministry shall create a record, to be known as "the Register of Geographical Indications", in which the geographical indications whose registration has been decided to be accepted, 
all the data related to them, and the actions taken thereon, are recorded in accordance with 
the provisions hereof.  
  
 
  
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Article (43)  
Cases of Non -Registration of the Geographical Indication  
The geographical indication shall not enjoy the protection prescribed for a trademark, and it 
may not be registered in any of the following cases:  
1. If the geographical indication is most likely to cause confusion with a trademark that is involved in a pending registration application submitted in good faith.  
2. If the geographical indication is most likely to cause confusion with an already existing 
trademark for which rights has been acquired by being used, bona fide, in the State.  
3. If the registration of a geographical indication as a trademark is not permissible pursuant 
to provisions hereof.

Article (44)  
Provisions Applicability to the Geographical Indications  
Without prejudice to the provisions of the bilateral and international agreements applicable in the State, the provisions on the trademarks stipulated in this Decree -Law and its Executive 
Regulations shall apply to the geographical indications pertaining the following:  
1. Submission of a registration application.  
2. Examination of the registration application and approval or rejection of the application.  
3. Objection to registration.  
4. Registration Revocation and Deregistration.  
5. Transfer, licensed use and attachment of the geographical indication.  
6. Compensation for any act of infringement on the rights prescribed in the provisions 
hereof.  
  
Chapter Seven  
Customs Clearance

Article (45) 
1. Subject to the legislations in force in the State, the customs authorities may, either sua 
sponte or based upon a request of the right holder or his representative, order, under a  
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 reasoned decision, to suspend customs release for a maximum period of twenty days of 
any materials in violation of the provisions hereof.  
2. The customs authorities may not prevent the right holder or his representative from examining the materials ordered not to be released by customs.  
3. The Executive Regulations of this Decree -Law shall specify the conditions, controls, and 
procedures related to the inspection and the submission of a request to suspend the customs release and decide thereon.

Article (46)  
Exceptions  
The provisions of article (45) hereof shall not cover the following:  
1. Small quantities of non- commercial goods that are included in the personal baggage of 
travellers or are sent in small packages.  
2. The goods offered for trading in the markets of the exporting country by the owner of 
the right to the trademark or with his consent.

Article (47)  
Precautionary Measures Upon Infringement of Rights  
1. In the event of an actual or potential infringement of any of the rights established under the provisions hereof, the right holder may apply for a writ on petition from the judge of 
summary matters at the civil court having jurisdiction over the origin of the dispute, to 
take one or more appropriate precautionary measures, including the following:  
a. Conduct a detailed description of the infringement, the goods involved in such infringement, and the materials, tools and equipment used or that may be used.  
b. Impose attachment over the materials, tools and equipment referred to in the 
previous paragraph of this Item, and the proceeds resulting from the infringement.  
c. Prevent the goods, subject matter of the infringement, from entering the commercial 
channels and preventing their export, including the imported goods after their 
customs release.   
Federal Decree- Law No. (36) of 2021 on Trademarks  22 
 d. Preserve any evidence related to the subject matter of the infringement.  
2. The judge of summary matters may instruct the petitioner to submit his evidence that 
suggests that the infringement of the right has already occurred or is about to occur, and 
may instruct him to provide information that is sufficient to implement the precautionary measure and to identify the relevant goods.  
3. The judge of summary matters shall decide on the petition not later than (10) ten days of the date of its submission, with the exception of exceptional cases that he deems appropriate.  
4. The judge of summary matters may, when necessary, issue the order, at the request of the petitioner, without summoning the other party, if it is likely that the delay in issuing 
the order may cause irreparable harm to the plaintiff or if there is a fear that the evidence 
will be lost or destroyed. In this case, the other party shall be notified of the order 
without delay and immediately after its issuance. The notification, when necessary, may 
be made immediately after the order is executed.  
5. If the judge of summary matters orders a precautionary measure to be taken without 
summoning the other party, the defendant may, after being notified of it, file a grievance 
against it before the president of the court in which the order was issued within (15) 
fifteen days from the date of his notification. In this case, the court president may 
confirm, modify or cancel such order.  
6. The judge of summary matters may instruct the petitioner to provide an appropriate 
financial guarantee or a bank guarantee sufficient to protect the defendant from abuse 
of the right, taking into account that the amount of the guarantee or the bank guarantee 
shall be reasonable and appropriate.  
7. The owner of the right shall have the right to file a lawsuit on the origin of the dispute within (20) twenty days of the date of the issuance of the order to take the precautionary 
measure, or from the date of his notification of the rejection of the grievance stipulated 
in Item (5) of this Article, as the case may be, otherwise this order will be cancelled at the 
request of the defendant.  
   
Federal Decree- Law No. (36) of 2021 on Trademarks  23

Article (48)  
Claim for Compensation  
The owner of the trademark may, if he sustains harm resulting from the infringement of any 
of his rights established under the provisions hereof, file a lawsuit with the Civil Court to 
claim compensation in accordance with the general rules.  
  
Chapter Eight  
Penalties

Article (49)  
Without prejudice to any  more severe penalty stipulated in any other law, a penalty of 
imprisonment and/ or a fine of not less than (100,000) one hundred thousand dirhams and not more than (1,000,000) one million dirhams shall be imposed on any person who 
commits any of the following acts:  
1. Counterfeits a trademark that has been registered in accordance with the provisions 
hereof, or imitates it in a way that misleads the public, whether with regard to the goods 
or services characterized by the original trademark or those similar to it.  
2. Knowingly uses a counterfeited or imitated trademark for commercial purposes.  
3. Affixing, in bad faith, on his goods or using in his services a trademark belonging to 
others.  
4. Possesses tools or materials with the intention of using them in imitating or 
counterfeiting registered or well- known trademarks.  
5. Knowingly imports or exporting goods bearing a counterfeited or imitated trademark.

Article (50) 
Without prejudice to any more severe penalty stipulated in any other law, a penalty of imprisonment not exceeding one year and/ or a fine of not less than (50,000) fifty thousand 
dirhams and not more than (200,000) two hundred thousand dirhams shall be imposed on 
any person who:  
1. Knowingly sells, offers for sale or trading, or possesses goods for sale purposes, or offers  
Federal Decree- Law No. (36) of 2021 on Trademarks  24 
 services bearing a counterfeited or imitated trademark or unrightfully affixed or used.  
2. Uses an unregistered trademark in the cases stipulated in article (3) hereof, without any 
right, on his papers, commercial documents, goods or services, which leads to the belief 
that the trademark is registered.

Article (51) 
In case of recidivism, whoever perpetrates any of the crimes provided in Articles (49) and (50) hereof shall be punished with a penalty not exceeding twice the maximum penalty 
prescribed for the crime.  
The Court may order the closure of the establishment and the confiscation of the tools, 
machines or materials involved in the crime.

Article (52) 
The court may publish the judgment of conviction at the expenses of the convict.  
  
Chapter Nine  
Final Provisions

Article (53) 
1. The trademark registered in accordance with the provisions of the laws, decisions and 
regulations in force prior to the effective date of the provisions hereof shall remain valid 
and shall enjoy the protection prescribed herein.  
2. The provisions of this Decree -Law shall apply to the pending trademark registration 
applications submitted prior to the effective date of its provisions, provided that such 
applications are amended in accordance with the provisions hereof.

Article (54)  
Electronic System for Trademark Registration  
1. The ministry shall establish an electronic system and an electronic database to be made 
available to the public, for trademark registration and renewal, and for completing the  
Federal Decree- Law No. (36) of 2021 on Trademarks  25 
 procedures necessary for the same.  
2. The Ministry shall make the aforementioned electronic data available to the competent 
local authorities.

Article (55)  
Supervision and Oversight  
The Ministry shall supervise and oversee the implementation of the provisions of this 
Decree- Law, and shall seize the crimes and violations that occur in violation of its 
provisions. A decision of the cabinet may, upon the proposal of the Minister, delegate such 
tasks or any of them to any of the competent local authorities.

Article (56)  
Judicial Officers  
The employees of the Ministry or the employees of the local authorities, who are designated by a decision of the Minister of Justice, in agreement with the Minister or the head of the 
local judicial authority, shall have the capacity of Judicial officer for seizing the violations of 
the provisions of this Decree -Law or its Executive Regulations, within the scope of their 
respective areas of competence.

Article (57)  
Fees  
The Cabinet shall issue a decision determining the fees necessary to implement the provisions of this Decree -Law.

Article (58)  
The Executive Regulations  
The Cabinet shall issue, upon the proposal of the Minister, the Executive Regulations of this  
Federal Decree- Law No. (36) of 2021 on Trademarks  26 
 Decree- Law.

Article (59)  
Implementing Decisions  
The Minister shall issue the necessary decisions to implement the provisions of this 
Decree- Law.

Article (60)  
Repeals  
1. Federal Law No. (37) of 1992 on Trademarks, as Amended shall be repealed.  
2. Any provision contradicting or repugnant to the provisions hereof shall be repealed.  
3. The decisions and regulations established before the entry into force of the provisions hereof shall remain in force, provided that they do not contradict the provisions hereof, until their replacement is issued in accordance of the provisions hereof.

Article (61)  
Publication and Entry into Force  
This Decree -Law shall be published in the Official Gazette, and shall enter into force as of 
the 2nd of January, 2022.  
  
 
Khalifa bin Zayed Al Nahyan,  
President of the UAE  
 
Issued by Us at the Presidential Palace in Abu Dhabi:  
On: 13 Safar 1443 AH.  
Corresponding to: 20 September 2021 AD.