Trademark Cancellation in UAE
Cancellation of a registered trademark in UAE is a official process in which an trademark owner requests to cancel a registered trademark from the official trademark registration base. In the event of cancellation of a registered trademark, the party concerned may request cancellation of the trademark either within 5 years of registration of the trademark or within 5 years of subsequent registration.
Cancellation of the Trademark - Article 24 of Federal Decree-Law no. (36) of 2021
- The Trademark owner may request the Ministry to remove the Trademark from the Register, for all or part of the goods or services for which the Trademark was registered.
- The owner of a well-known Trademark whose reputation exceeds the borders of the country and is similar to a Trademark registered with the Ministry may request the Ministry to cancel the Trademark registered therewith within (5) five years from the date of its registration, unless it is proven that the person who registered it is mala fide.
- Any interested party may request the Ministry to cancel the Trademark that has not been used for (5) five consecutive years, unless there are emergency circumstances that prevented the use of the Trademark.
- The Ministry may, on its own or at the request of the interested parties, cancel the Trademark that is registered in violation of the provisions of this Decree-Law, or in the cases specified by its Implementing Regulation.
- If the Trademark is licensed to be used in accordance with a contract that has been entered or notated in the Trademarks Register, the Ministry may cancel this Trademark at the request of its owner, unless the contract stipulates the consent of the beneficiary to the cancellation, without prejudice to the text of Article (31) of this Decree-Law.
- The Implementing Regulation of this Decree-Law shall specify the conditions, terms, and procedures for filing the applications referred to in this article and the mechanism for deciding thereon.
- The Ministry’s decision to cancel the Trademark or reject the application for cancellation shall be governed by the provisions related to grievance and appeal stipulated in Article (13) of this Decree-Law.
Publishing of the Trademark - Article 25 of Federal Decree-Law no. (36) of 2021
The cancellation of the canceled Trademark shall be published in the Ministry’s Bulletin and by any publication mean specified by the Implementing Regulation of this Decree-Law.
Re-registration of the Trademark - Article 25 of Federal Decree-Law no. (36) of 2021
If a Trademark is removed from the register, it may not be re-registered for the benefit of others for the same goods or services or for similar goods or services except after the lapse of (3) three years from the date of cancellation, unless the cancellation was made based on a judgment of the Competent Court, and the judgment provides for a shorter period for the re-registration of the Trademark.
Cancellation of Registered Trademark by Owner Request
This service allows the owner of the registered trademark or his legal agent to submit a request for canceling the registration of a trademark, for all – or part of – the goods, products or services registered.
The Expected Duration of Service Delivery
The expected duration of service delivery for cancellation of registered trademark by owner request is 40 days.
Service Procedure
- Filling application
- Application study – in this stage of process application can be accepted or rejected
- Publishing
Required Documents
Following documents are required to file the application of trademark cancelation:
- Registrar requestor details : Cancellation requester name, phone, email, nationality, legal nature.
- Trademark details: Trademark name, Trademark name translation English/Arabic, Trademark type, Trademark class, mark description, class number, product explanation.
- Document attachments: Trademark registration certificate copy, Document Indicating Trademark Cancellation, Trademark logo, Trademark License copy if company/business , Passport Copy, complete home address, Power of Attorney (notarized by the Notary Public & legalized by the UAE), Priority documents if any.
Cancellation of Unregistered Trademark by Owner Request
This service allows submitting a request for the purpose of cancelling an unregistered trademark.
The Expected Duration of Service Delivery
The expected duration of service delivery for cancellation of unregistered trademark by owner request is 1 day.
Service Procedure
- Filling application
- Application study
Required Documents
From the documents required to file the application of trademark cancelation of unregistered trademark applicable is Power of Attorney as common required document.
Are you looking to modify your trademark ownership in the UAE? Our expert consultant can advise on the cost in UAE and assist you throughout the modification process. Drop us a line at info@bact.ae or give us a call at +97144470880 Alternatively, you can schedule a complimentary consultation with us at cs@bact.ae.
Need Help?
Contact us at the consulting office or feel free to submit a business inquiry online.