Common Trademark Rejection Reasons in the United Arab Emirates and How to Avoid Them
Common Trademark Rejection Reasons in the United Arab Emirates and How to Avoid Them
Getting a trademark refused by the UAE trademark office is usually avoidable. This article explains the most common rejection reasons, the legal basis behind them, and the practical steps you can take to reduce delay and risk.
A registered trademark in the UAE grants the exclusive right to use the mark for the listed goods and services and makes enforcement against copying significantly easier. However, an application refused on absolute or relative grounds can result in lost time, additional official fees, and in some cases substantial rebranding costs.
The UAE examines applications on both absolute grounds (distinctiveness, public order, prohibited signs) and relative grounds (conflict with earlier rights). Understanding these grounds before filing is essential.
The Top Rejection Reasons and How to Avoid Each
1. Conflicts with Earlier Trademarks (Relative Grounds)
What the Office looks for:
Identical or confusingly similar marks in the same or related classes. Similarity is assessed based on appearance, sound, and meaning. Well-known marks may block registration even across different classes.
Why it fails:
If the similarity is likely to cause consumer confusion or dilute an earlier right, the application will be refused.
How to avoid it:
Conduct a comprehensive trademark search through the official Ministry of Economy registry in the relevant classes. Evaluate similarities in visual impression, pronunciation, and conceptual meaning. Avoid adopting marks that replicate distinctive elements of earlier brands. If similarity cannot be fully avoided, consider licensing arrangements, coexistence agreements, or preparing strong arguments based on differences in trade channels and market positioning.
2. Non-Distinctive or Descriptive Marks (Absolute Grounds)
What the Office looks for:
Marks that are generic, descriptive of the goods or services, or consist solely of common words or indications.
Why it fails:
A trademark must function as an indicator of commercial origin. Purely descriptive or generic signs do not meet the legal requirement of distinctiveness.
How to avoid it:
Choose invented, coined, or arbitrary marks rather than descriptive names. A unique brand name is far stronger than a phrase such as “Fresh Juices.” If claiming acquired distinctiveness through long use, prepare strong evidence such as sales figures, advertising expenditure, and proof of market recognition. Prevention at the naming stage is always preferable.
3. Use of Prohibited Emblems, Flags, or Misleading Elements
What the Office looks for:
Official emblems, national flags, Olympic symbols, or marks that suggest government endorsement or certification.
Why it fails:
UAE law prohibits registration of signs incorporating protected public symbols or marks that mislead consumers. Unauthorised use of emirate names in certain contexts may also trigger objections.
How to avoid it:
Remove or significantly modify any official insignia. Avoid wording or imagery that implies governmental affiliation unless formal authorisation has been obtained. If using an emirate name in the trademark, obtain legal clearance before filing.
4. Bad Faith Applications
What the Office looks for:
Applications filed to block others, squat on marks, or copy known foreign brands with the intention of resale or unfair advantage.
Why it fails:
Bad faith is recognised under UAE law and court practice as a valid ground for refusal or cancellation.
How to avoid it:
Ensure that you have a genuine commercial intention to use the mark. Maintain documentary evidence such as business plans, manufacturing or distribution agreements, and marketing strategies. Avoid opportunistic filings targeting established foreign brands.
5. Incorrect or Overly Broad Specification / Wrong Nice Class
What the Office looks for:
Vague, inconsistent, or incorrectly classified lists of goods and services.
Why it fails:
Unclear or improperly classified specifications can lead to objections or rejection. Classification errors may also render the registration ineffective for your actual business activities.
How to avoid it:
Use precise, trade-appropriate descriptions of goods and services and apply the Nice Classification correctly. Professional review by an IP specialist can significantly reduce classification errors and minimise potential conflicts. Drafting a narrow and accurate specification aligned with your real business model is often the safest approach.
6. Procedural Omissions and Incorrect Applicant Details
What the Office looks for:
Missing documents, incorrect owner details, incomplete powers of attorney, or translation errors.
Why it fails:
Administrative defects can result in formal refusal or substantial delays.
How to avoid it:
Verify that the applicant’s legal name matches official incorporation documents exactly. Submit properly executed powers of attorney where required. Provide accurate Arabic translations and attach priority documents correctly. A structured filing checklist can eliminate common procedural mistakes.
7. Deceptive or Scandalous Marks / Contrary to Public Order
What the Office looks for:
Marks that are immoral, obscene, deceptive, or contrary to public order or accepted morality.
Why it fails:
The law bars registration of signs that conflict with public morals or public order in the UAE.
How to avoid it:
Avoid controversial language or imagery and carefully assess cultural sensitivities in the UAE market. When uncertainty arises, conduct a cultural and legal compliance review with local counsel before filing.
Conclusion
Most trademark refusals in the UAE are preventable with careful planning and thorough due diligence. Conducting proper searches, selecting distinctive marks, drafting precise specifications, and ensuring procedural accuracy significantly increases the likelihood of successful registration.
A proactive trademark strategy not only reduces the risk of rejection but also strengthens long-term brand protection in one of the region’s most dynamic markets.
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