Pharmaceutical trademarks—United Arab Emirates—Q&A guide
Pharmaceutical trademarks—United Arab Emirates—Q&A guide

The following Life Sciences practice note provides comprehensive and up to date legal information covering:

  • Pharmaceutical trademarks—United Arab Emirates—Q&A guide
  • 1. What is the primary law governing trademarks in your jurisdiction?
  • 2. Which agency is responsible for the grant and registration of pharmaceutical trademarks?
  • 3. What are the relevant national and international regulatory bodies and requirements that need to be considered when clearing a pharmaceutical trademark?
  • 4. What non-traditional trademarks are available in your jurisdiction and how are they registered?
  • 5. Does your jurisdiction allow the registration of cannabis-derived products?
  • 6. What are the rules governing parallel imports of pharmaceutical goods?
  • 7. What strategies are available to police and enforce against parallel imports?
  • 8. What types of legal or administrative proceedings are available to enforce against infringing products?
  • 9. What are the available remedies for infringement?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to pharmaceutical trademarks in United Arab Emirates published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Cedar White Bradley—David Harper

1. What is the primary law governing trademarks in your jurisdiction?

UAE Federal Law No. of 1992 (as amended) (the UAE Trade Marks Law) and its Implementing Regulations.

In the UAE, pharmaceutical trademarks are governed by the same federal legislation as other trademark. However, when selecting a pharmaceutical trademark for use in the UAE, it is important to consider the following:

  1. Class 5 is relatively crowded, so full clearance searches with expert analysis is advisable for each pharmaceutical product;

  2. trademarks that are derived from International Non-Proprietary Names (INNs) are best avoided to increase the likelihood of achieving registration without encountering an obstacle;

  3. the absence of practice notes, examination guidelines or binding case law can make clearance, overcoming refusals and oppositions challenging;

  4. certain specification items may be refused registration or opposed on absolute grounds (such as those that contain morphine, opioids, cannabinoids, etc); and

  5. certain symbols that may be desirable in the pharmaceutical space may refused on absolute grounds – for example, the symbol of a cross to signify health may be refused for its association with the red cross or Christianity.

2. Which agency is responsible for the grant

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