Brands Recording System at Dubai Customs
The Brand Recording for Customs Protection Purposes Policy No. 11/DCP/2006 has been issued on 6/11/2006, to support customs enforcement operations and protect intellectual property rights. All law firms and trademark owners were informed of the conditions and documents required to lodge a complaint on the infringement of a trademark, as well as the administrative fees imposed to open a file to monitor products with UAE registered trademark.
What is a Trademark or Industrial Mark, a Patent and a Copyright?
- Trademark or Industrial Mark
It is a sign or symbol placed by the trader or the manufacturer on the products he/she is selling in order to distinguish them from other similar ones.
A set of rights formally granted for an inventor for a specific period of time.
The legal rights granted to innovators in areas of literary and artistic work.
How Do I Record my Trademark with Dubai Customs?
The trademark shall be recorded by trademark owner, agent or legal attorney in the UAE after it has been registered in the Ministry of Economy.
Such procedure shall be processed through filing a formal complaint by an advocate office or trademark owner. Advocate office and trademark owner will be required to record the brand in question with Dubai Customs for customs protection purposes once it is registered in the Ministry of Economy and prior to lodging a complaint in the event of suspecting the presence of counterfeit products.
Who are Trademark Owner, Agent and Legal Attorney?
- Trademark Owner
The person who is the trademark’s idea and right owner and creator and who the brand will be registered in his/her name with the respective ministries.
The person who shall has the right to use the trademark within the UAE, under a permit from the brand owner.
- Legal Attorney
The advocate or legal advisor being authorized by the brand owner to assume and institute trademark lawsuits.
Why Do I Record my Trademark with Dubai Customs?
The object of recording a trademark is to protect the interests and rights of inventors, authors or manufacturers from forgery & counterfeiting operations and monitor and curb all commercial fraud methods, for the purpose of protecting the consumer from harms arising from fraud.
Note: The recording of the trademark at Dubai Customs shall be effective as far as its registration with the Ministry of Economy is valid.
Trademark Recording and Lodging a Complaint
The required documents and administrative fees for brand recording for customs protection Purposes are:
- Brand Recording Application Form for Customs Protection Purposes.
- A valid copy of the trademark registration certificate issued by the Ministry of Economy.
- A duly authenticated and translated copy of the Power of Attorney.
- A written pledge that covers costs of injunction, inspection, storage or any delayed consequent to improper complaint.
- A CD containing the trademark’s most recent details and features from the manufactures, which allows Dubai Customs to distinguish between original and counterfeit products.
- Attach to file all documents.
- A fee of AED 210 shall be collected for every brand recording request representing one category.
- An ID copy of the trademark owner or his/her legal representative.
Note: In the event of renewing the brand or changing the brand owner or his/her representative, the above listed documents shall be re-submitted.
Brand Recording Application Form for Customs Protection Purposes:
The aforementioned statements are based on the terms and conditions of the Customs Policy No. 11/DCP/2006 .
(Brand Recording Application.pdf)
What are the Documents Required for Filing a Complaint on Trademark Infringement?
- The complaint, which should be written in Arabic or duly translated into Arabic, shall be submitted during the official working hours by the trademark owner or his/her legal representative.
- A copy of valid registration certificates of the trademark intended to be infringed shall be attached.
- A copy of a duly authenticated and translated Power of Attorney.
- A written assurance to bear any costs of impoundment, inspection, storage or delay resulting from unfounded complaint shall be provided.
- A complaint fee of AED 2010 shall be collected.
- A deposit of AED 5010 shall be paid. The deposit shall be refunded if the complaint proves valid.
- Extra fees of AED 510 shall be collected in the event of filing urgent complaints.
- Additional fees of AED 1010 shall be collected in case complaints are filed during official holidays.
Note: In the event of informing a trademark owner or his/her authorized representative to initiate a complaint in respect with a consignment that was seized in the course of normal inspection, a fee of only AED 2010 shall be paid to cover the expenses of inspection, transportation and follow up.