Trademark Search in the UAE: What an Applicant Needs to Know

Before filing a trademark application, it is important to assess the likelihood of registration of a sign for the relevant goods or services. For this purpose, a trademark search is conducted in the relevant databases.

In this article, we will examine how the official search mechanism in the UAE works, as well as how to most effectively use the available database of the UAE Trademark Office.

Search Strategy

The main principles of conducting an official search at the UAE Trademark Office are as follows:

• an official search is conducted on a per-class basis;
• an official fee is charged for each class;
• search results are limited to the selected class.

At the same time, within a single class search, an applicant may include up to six variations of a mark without paying an additional fee.

It should be noted that the official search mechanism of the UAE Trademark Office identifies words contained in or incorporated into registered marks. In other words, the system does not identify conceptually or phonetically similar marks (unlike searches in third-party databases).

Therefore, when searching, applicants must independently include possible spelling variations, as well as similar or slightly different words in the query. Since phonetic equivalents, including transliterations, are not automatically taken into account by the system, it is important to develop a well-considered strategy for selecting variations of the mark in advance to ensure the most effective search.

Use of the Arabic Language

The UAE trademark search system does not automatically retrieve Arabic equivalents of English marks. If an Arabic version of a mark is not present in the database, it will not be found when searching in English.

Therefore, it is often advisable to include Arabic versions of the mark among the six permitted variations. However, their use requires expert assessment - it is important to determine whether such variations can provide additional useful information for analysis.

For example, in some cases it may be useful to check a transliteration of the mark, while in others its translation into Arabic may be more appropriate.

In general, the following approaches can be distinguished:

• Translation is advisable if the word has an independent meaning or is expected to be perceived semantically in Arabic.
• Transliteration is more commonly used where the mark is brand-oriented or valued primarily for its sound (for example, in the case of coined or fanciful marks).

The final decision should take into account the nature of the mark, the level of potential risk, the intended use of the mark in the market, as well as the position of the marketing team - especially if adaptation of the brand, packaging, or advertising materials for the Arabic market is being considered.

In some cases, for a more comprehensive risk assessment, both translation and transliteration are included in the search query, even if only one of these versions is intended to be used in practice.

Limitations of the Official Search in the UAE

The report issued by the Trademark Office contains only basic information about the application.

In particular, the official search does not provide information on the following:

• logos and other graphic elements;
• stylization of the mark and color schemes;
• the full list of goods and services;
• detailed status of the mark;
• renewal status;
• objections or office actions raised during examination.

For a more accurate assessment of potential conflicts, it may be necessary to obtain a certified copy of the relevant documents from the Office upon payment of the applicable fees.

Alternatively, third-party databases may be used, which can sometimes provide additional information about identified trademarks. However, it should be taken into account that some of these databases contain information only on published trademarks.

Thus, an official trademark search in the UAE is not merely a technical procedure, but an important stage of legal analysis. When approached strategically, it can provide valuable insights into potential risks and significantly increase the likelihood of successful trademark registration in the UAE.