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UAE Trade Marks Office puts an end to examination reports and filing a TM-Application without PoA

Guiding Principle

In the recent period, the UAE-Trademark Office issued several decisions regarding the examination reports and PoAs.

I. Ending of the Examination Reports

On 19 May 2014, the UAE-Trade Marks Office (TMO) decided that it will not issue any more examination reports or grant extensions of time during the trade mark application process. Based onthis decision, from 1 June 2014, the TMO will only issue acceptances, conditional acceptances or rejections. This practice is in line with the UAE Federal Law No. 37 of 1992 as amended by Law No. 8 of 2002 (UAE Trade Marks Law) and UAE Ministerial Decision No.6 of 1993 (the Executive Regulations) which refer only to the options of accepting a trade mark application (either unconditionally or with a condition being imposed) or rejecting the application.

However, the UAE-Trade Marks Law and Executive Regulations also provides the TMO with a broad discretion in the trademark application process. Until now, the TMO has used this discretion to issue examination reports setting out any objections or other concerns that the examiner has with an application. This has enabled a dialogue to take place between the examiner and the applicant (or the applicant’s trademark agent) so that the examiner’s concerns can be addressed.

However, the examiner will no longer issue an objection to which the applicant (or its representative) can respond. Instead, the examiner will only have the option of rejecting the mark applied for, or accepting the application (with or without imposing a condition on the application).

As part of its change in practice, the TMO has announced that any application “whose list of goods/services is in violation of the International Classification of Goods and Services” will be rejected. Currently, the TMO only accepts specification items taken verbatim from the exhaustive list contained in an Arabic translation of the 10th Edition of the Nice Classification Guide that is used by the TMO’s examiners.

II. PoA should be submitted at the same time of filing the TM-application

The UAE Trade Marks Office has since issued a notice stating that it will now come into effect on 1 May 2014 onwards that requires a Power of Attorney to be submitted.

However, as of 1 May 2014, all trademark applications, renewals,  registrations  of changes of trademark certificates, oppositions and other actions filed with the UAE Trade Marks Office must be accompanied by a fully notarized and legalized Power of Attorney.

April, 2014 Tarek Jairwdeh
Meyer-Reumann & Partners, Dubai Office
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