The executive regulations of Federal Law no. 36 of 2021 concerning trade marks has now been issued.
The regulations change several practice issues. One of the main changes is the renewal grace period to 6 months. The grace period for renewals was 3 months. This provides trade mark owners with additional time to deal with any legalization requirement to handle a renewal. The regulations also refer to the requirement to submit a legalised Power of Attorney with new filings. The UAE Trade Mark Office currently allow simply signed powers with filing. However, we understand that simply signed Powers are still accepted notwithstanding the issued regulations and until a confirmation email is received from the Trade Mark Office amending the current practice.
The regulations also confirm that the official publication required will be through the Trade Mark Journal. Publication in local newspapers is no longer required. The regulations allow post registration amendments including amending the specifications by adding items which was not possible under the old law. However it is unlikely such amendments will expand the scope of protection but is more likely reference to adding a limitation or an exclusion phrase based on agreed arrangement with other parties.
The regulations also address administrative cancellation of a trade mark for various reasons and setting a 90 days timeframe for the Trade Mark Office to issue a decision from the date the complaint was filed online. The regulations however did not mention details or information on the formation of the Grievance Committee. We shall provide updates on this when available.
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