Conducting a Trademark Search in the UAE: Steps for Businesses

A trademark search in the UAE involves checking the official trademark database maintained by the UAE Trademark Office to determine whether a proposed mark is already registered or pending registration, thereby assessing the risk of infringement or refusal under Federal Decree-Law No. 37 of 1992 on Trademarks, as amended.

Related Services: Explore our Data Protection Officer Service and Trademark Registration services for practical legal support in this area.

WHAT IS THE FIRST STEP I SHOULD TAKE TO START A TRADEMARK SEARCH IN THE UAE?

Begin by visiting the UAE Trademark Office's official online portal, which provides a free public search facility. The portal allows you to query the register using textual elements, design features, or Nice Classification classes. Before you type anything, gather the exact wording of your mark, any stylised version (logo or stylised font), and the list of goods or services you intend to protect. Having this information ready ensures that you can enter accurate search criteria and avoid unnecessary revisions later.

HOW DO I IDENTIFY THE CORRECT NICE CLASSIFICATION CLASSES FOR MY PRODUCTS OR SERVICES?

The Nice Classification system groups goods and services into 45 classes (1-34 for goods, 35-45 for services). Consult the latest edition of the Nice Classification, which is available on the World Intellectual Property Organization (WIPO) website or provided by the UAE Trademark Office. Match each product or service line to the appropriate class number; for example, clothing falls under Class 25, while software development services belong to Class 42. If your offering spans multiple sectors, list all relevant classes-searching across several classes at once is permitted and often advisable to catch potential conflicts in related fields.

WHAT SEARCH TECHNIQUES SHOULD I USE TO CAPTURE TEXTUAL, PHONETIC, AND VISUAL SIMILARITIES?

1. Exact text match - Enter the mark exactly as you plan to use it.
2. Wildcard and fuzzy search - Use the portal's asterisk () or question-mark (?) operators to catch variations (e.g., "Tech" for "TechSolutions", "Tech-Solutions").
3. Phonetic equivalents - Include common Arabic transliterations and English misspellings; the Trademark Office evaluates similarity based on sound, so "Kafe" and "Cafe" may be considered alike.
4. Design/Vienna Classification search - If your mark contains a logo, upload a clear image or select Vienna Classification codes that describe shapes, lines, and colour schemes. The design search tool lets you filter by elements such as "geometric figures" or "stylised letters".
5. Combined search - Run a text search first, then a design search, and finally cross-reference the results to ensure no overlap is missed.

Record each query, the date and time, and the full set of results in a spreadsheet. Note the application number, current status (registered, pending, opposed, cancelled), and expiry date for every mark that appears similar.

HOW DO I ASSESS WHETHER A SIMILAR MARK CREATES A LIKELIHOOD OF CONFUSION UNDER UAE LAW?

After collecting the raw data, evaluate similarity on three levels:

• Visual - Compare overall appearance, font style, colour usage, and layout.
• Phonetic - Say the marks aloud; consider syllables, stress patterns, and Arabic phonetics.
• Conceptual - Examine the meaning or connotation of the mark in both English and Arabic contexts.

If two or more of these aspects show substantial overlap, and the goods or services fall within related or complementary classes, the likelihood of confusion rises. Refer to Article 6 of the Trademark Law, which states that a mark shall be refused if it is identical or similar to an earlier mark and the similarity is likely to cause confusion among the public. Document your reasoning for each potentially conflicting mark; this analysis will be useful if you later need to defend your choice during examination or opposition.

WHAT SHOULD I DO IF THE SEARCH REVEALS A CONFLICTING MARK THAT IS STILL PENDING?

A pending application can block your registration once it proceeds to registration. You have several options:

1. Monitor the application - Use the portal's status alerts to track when the mark moves from "under examination" to "published for opposition".
2. File a notice of opposition - Once the mark is published, you may oppose it on grounds of prior rights or likelihood of confusion. Prepare evidence of your earlier use or intended use, and be ready to demonstrate that registration would cause confusion.
3. Negotiate a coexistence agreement - If the conflicting mark belongs to a party willing to discuss terms, you can agree on geographic limits, class restrictions, or visual modifications that allow both marks to coexist.
4. Modify your mark - Alter the wording, design, or class selection to avoid the conflict while preserving brand identity.
5. Consider alternative classes - If the conflict is limited to a specific class, see whether you can protect your mark in other, non-conflicting classes and limit your initial filing accordingly.

Keep a record of all communications, monitoring screenshots, and any agreements reached; these documents serve as proof of due diligence.

HOW OFTEN SHOULD I REPEAT THE TRADEMARK SEARCH BEFORE FILING?

The UAE Trademark Office updates its database in near real time, but there is a brief lag-typically a few hours-between when an application is submitted and when it appears in the public search. If you have recently filed a similar mark or suspect that a competitor may have just filed, repeat the search after 24 hours and again a week before you submit your application. This practice reduces the risk of overlooking a newly pending mark that could later become an obstacle.

ARE THERE ADDITIONAL DATABASES I SHOULD CONSULT FOR A COMPREHENSIVE SEARCH?

While the UAE Trademark Office's register is the primary source, broadening your search improves confidence:

• GCC Trademark Database - Covers trademarks registered in the other Gulf Cooperation Council states; useful if you plan to operate across the region.
• WIPO Global Brand Database - Aggregates data from multiple national offices and international registrations (Madrid System). Helpful for spotting marks that may later be extended to the UAE via the Madrid Protocol.
• Domain name registers - Check .ae, .com, .net, and other relevant TLDs for identical or similar domain names that could indicate common-law use.
• Social media and marketplace platforms - A quick search on Instagram, Facebook, LinkedIn, and major e-commerce sites can reveal unregistered but widely used marks.

Document the sources you consulted, the search strings used, and the dates; this demonstrates a thorough due-diligence process should the Trademark Office request evidence during examination.

WHAT ROLE DOES DISTINCTIVENESS PLAY IN THE TRADEMARK SEARCH PROCESS?

Even if no identical mark appears, a proposed mark may still be refused for lacking distinctiveness under Article 8 of the Trademark Law. Conduct a parallel search for dictionary terms, common industry phrases, and generic descriptors that resemble your mark. If your mark merely describes the goods or services (e.g., "Fast Delivery" for a courier service), it is likely to be deemed descriptive and therefore ineligible for registration unless it has acquired secondary meaning through extensive use.

For logo-based marks, verify that the design elements are not generic symbols widely used in your sector (e.g., a simple coffee cup for a ). The Vienna Classification search helps you identify whether similar design codes already exist for unrelated goods; if so, assess whether the combination of design and wording creates a distinctive overall impression.

HOW DO I MAINTAIN AND ORGANISE THE TRADEMARK SEARCH RESULTS FOR FUTURE USE?

Create a dedicated trademark portfolio folder-either digital or physical-containing:

• Search logs - Screenshots or PDF exports of each query, with timestamps.
• Result spreadsheets - Columns for application number, mark text/image, status, class(es), expiry date, and similarity notes.
• Legal memos - Brief analyses explaining why each similar mark does or does not pose a conflict, referencing specific articles of the UAE Trademark Law.
• Correspondence - Emails or letters related to opposition filings, coexistence negotiations, or monitoring alerts.

Regularly update this portfolio whenever you conduct a new search, file a new application, or encounter a competitor's filing. An organised record not only supports current filings but also streamlines future renewals, licensing negotiations, and enforcement actions.

WHAT ARE THE COST IMPLICATIONS OF CONDUCTING A TRADEMARK SEARCH IN THE UAE?

The public search facility on the UAE Trademark Office's website is free of charge. Fees arise only when you proceed to formal steps such as filing a trademark application, requesting an official copy of a registration, or initiating opposition or cancellation proceedings. Therefore, businesses can perform multiple iterative searches-covering text, design, phonetic variations, and multiple classes-without incurring direct costs. However, consider allocating internal resources (staff time, legal counsel consultation) for thorough analysis, especially if your brand strategy involves multiple jurisdictions or complex logo elements.

HOW DOES A TRADEMARK SEARCH FIT INTO THE BROADER BRAND PROTECTION STRATEGY IN THE UAE?

A trademark search is the foundational step in a comprehensive brand protection plan that includes:

• Clearance and filing - After confirming availability, submit the trademark application with accurate class selections and a precise description of goods/services.
• Watch services - Subscribe to a trademark watch service that monitors new filings, oppositions, and renewals for marks similar to yours, enabling timely action.
• Licensing and assignment - Draft robust trademark license agreements that quality-control use and record them with the Trademark Office to maintain enforceability.
• Enforcement - Monitor the market for infringing uses, send cease-and-desist letters, and, if necessary, pursue civil or criminal actions under the UAE's IP enforcement framework.
• Renewal and maintenance - Track renewal dates (every 10 years) and file timely renewal requests to keep registration alive.

Integrating the search outcomes into each of these stages ensures that your brand remains distinctive, defensible, and commercially valuable throughout its lifecycle in the UAE market.

This article provides general information about conducting a trademark search in the UAE. It does not constitute legal advice for any particular situation.

FREQUENTLY ASKED QUESTIONS

What is the first step to start a trademark search in the UAE?

Begin by visiting the UAE Trademark Office's official online portal, which offers a free public search facility. Before entering any query, gather the exact wording of your mark, any stylised version (logo or font), and the list of goods or services you intend to protect, so you can input accurate search criteria and avoid later revisions.

How do I identify the correct Nice Classification classes for my products or services?

Consult the latest edition of the Nice Classification (available on WIPO's website or via the UAE Trademark Office's help section) and match each product or service line to the appropriate class number-for example, clothing falls under Class 25 and software development services under Class 42. If your offering spans multiple sectors, list all relevant classes, as searching across several classes at once is permitted and often advisable.

What search techniques should I use to capture textual, phonetic, and visual similarities?

Use exact text match, wildcard/fuzzy search (asterisk * or question-mark ?), include common Arabic transliterations and English misspellings for phonetic equivalents, and, if your mark contains a logo, upload a clear image or select Vienna Classification codes for design elements. Run combined searches-text first, then design-and cross-reference results to ensure no overlap is missed.

How do I assess whether a similar mark creates a likelihood of confusion under UAE law?

Evaluate similarity on visual, phonetic, and conceptual levels: compare appearance, font, colour, layout; say the marks aloud to consider syllables, stress, and Arabic phonetics; and examine meaning or connotation in English and Arabic contexts. If two or more aspects show substantial overlap and the goods/services fall in related or complementary classes, the likelihood of confusion rises, per Article 6 of the Trademark Law.

What should I do if the search reveals a conflicting mark that is still pending?

You can monitor the application via the portal's status alerts, file a notice of opposition once the mark is published, negotiate a coexistence agreement, modify your mark to avoid conflict, or consider alternative classes if the conflict is limited. Keep records of all communications, monitoring screenshots, and any agreements as proof of due diligence.

If your matter involves trademark search in the United Arab Emirates, you are welcome to request a consultation with Nour Attorneys. Our team can assess your position under the law currently in force and outline the options available to you. Request a consultation

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting Nour Attorneys through this website does not create an attorney-client relationship; such a relationship arises only after a conflicts-of-interest check and a signed engagement agreement. Do not send confidential information through this website; information submitted before engagement is not protected by legal privilege. Past results do not guarantee future outcomes. The firm's lawyers practice in the jurisdictions stated in their individual profiles; this article addresses the law of the United Arab Emirates only.