Declaration of Waiver of a Trademark in the UAE: What You Need To Know

A trademark is any distinctive sign that identifies the goods, services, or business of a person or entity. Trademarks are valuable assets that can enhance the reputation and competitiveness of their owners. However, sometimes a trademark owner may wish to waive their rights over a trademark, either partially or completely, for various reasons, such as transferring ownership, licensing, or assignment.

In the UAE, the legal framework for trademarks is governed by Federal Law No. 36 of 2021 on Trademarks, which replaced the previous law of 1992. According to this law, the Trademark owner may request the Ministry to remove the Trademark from the Register, for all or part of the goods or services for which the Trademark was registered.

A trademark owner can waive their rights over a trademark by submitting a declaration of waiver to the Ministry of Economy, which is the competent authority to register and protect trademarks in the UAE.

What Is A Declaration of Waiver of A Trademark?

A Declaration of Waiver of Trademark is a legal document that expresses the intention of a trademark owner to relinquish their rights over a trademark, either partially or completely, in favor of another party or the public. A declaration of waiver of a trademark can be made for a registered trademark or a pending trademark application.

A declaration of waiver of a trademark must be made in writing and signed by the trademark owner or their authorized representative. The declaration must specify the following information:

• The trademark number and the date of registration or application.
• The name and address of the trademark owner and the waiving party.
• The name and address of the beneficiary party, if any.
• The scope and extent of the waiver, whether it is partial or complete, and whether it applies to some or all of the goods, services, or classes covered by the trademark.
• The reason and purpose of the waiver.
• The date and place of the declaration.

How to Waive Your Trademark in the UAE

1. A trademark owner can declare waiver of trademark in the UAE by submitting a written request to the Ministry of Economy, along with the following documents:

• A declaration of waiver of trademark signed by the trademark owner or his representative.
• A copy of the trademark certificate.
• A power of attorney from the trademark owner.
• A proof of payment of the prescribed fees.
• Any other relevant documents required by the authority.

2. The declaration of waiver of a trademark must specify the goods or services (whether it is partial or full, and for which goods or services) for which the waiver is intended, and must not affect the rights of third parties.

3. The Ministry of Economy will publish the declaration of waiver in the Official Gazette and on its website and will notify any interested parties to submit their objections within 30 days from the date of publication.

4. Pay the publication fees, if the request is from the owner of the trademark.

5. If no objections are received, the Ministry of Economy will issue a decision to cancel the trademark registration for the waived goods or services and will amend the trademark register accordingly. The decision will also be published in the Official Gazette and on the website of the Ministry of Economy.

6. The trademark owner will receive a certificate of cancellation of the trademark registration.

What are The Effects of a Declaration of Waiver of a Trademark?

A declaration of waiver of a trademark has the following effects:

• It terminates the rights and obligations of the waiving party over the trademark, either partially or completely, depending on the scope and extent of the waiver.
• It transfers the rights and obligations of the waiving party over the trademark to the beneficiary party, if any, who becomes the new owner or co-owner of the trademark.
• It allows the public to use the trademark freely, if the waiver is complete and without a beneficiary party, subject to the provisions of the law and the public order.
• It prevents the waiving party from claiming any infringement or unfair competition against the use of the trademark by the beneficiary party or the public unless the waiver is conditional or limited.
• It does not affect the rights and obligations of third parties over the trademark unless they consent to the waiver or are notified of it.

How does Notary Public Dubai assist you?

Are you looking for a reliable and professional notary public in Dubai to help you with your Declaration of Waiver of a Trademark in the UAE? If so, you have come to the right place. Notary Public Dubai is a leading notary service provider in Dubai that can assist you with all your drafting needs, including the Declaration of Waiver of Trademark in the UAE.

Notary Public Dubai can help you prepare your Declaration of Waiver of a Trademark in the UAE in a fast and hassle-free manner. We also offer online notary services, so you can get your document notarized from the comfort of your home or office.

We have a team of qualified and experienced notaries who can handle your notarization process with utmost care and accuracy. Contact us for more information.