Common Trademark Rejection Reasons in UAE

20.12.25 09:02 PM - By Fintrack Tax Consultants

Key Points You Should Know First

  • Trademark applications in the UAE are examined by the Ministry of Economy & Tourism (MOET) under Federal trademark law.
  • Rejections happen due to legal, technical, or procedural issues, not randomly.
  • The most common causes are similarity to existing trademarks, lack of distinctiveness, incorrect classification, and missing documents.
  • Many rejections are avoidable with proper preparation before filing.
  • A rejected application usually means lost time, non-refundable fees, and possible re-filing or appeal costs.

How Does Trademark Examination Work in the UAE?

Once a trademark application is submitted and the application fee is paid, MOET conducts a formal examination. The examiner checks whether the trademark complies with:

  • UAE trademark law

  • Public order and morality rules

  • Existing trademark records

  • Procedural and documentation requirements

MOET typically issues a decision within up to 90 working days. If issues are found, the application may be rejected outright or conditionally refused with reasons stated.

What Does a Trademark Rejection Mean?

A rejection means MOET has determined that the trademark cannot proceed to publication in its current form. This does not always mean the brand itself is invalid, but it does mean the application failed legal or procedural checks.

Some rejections can be appealed or corrected. Others require re-filing with changes.

Legal Grounds for Trademark Rejection in the UAE

Is the Trademark Too Similar to an Existing One?

This is the most common rejection reason.

A trademark may be rejected if it is:

  • Identical to an existing registered or pending mark

  • Similar in appearance, sound, or meaning

  • Likely to cause consumer confusion

Similarity is assessed within the same or related classes, but well-known marks may block registration even across different classes.

Is the Trademark Generic or Descriptive?

Trademarks must be distinctive. MOET commonly rejects marks that:

  • Describe the product or service directly

  • Use common industry terms

  • Indicate quality, quantity, or purpose

For example, words like “Fresh,” “Best,” or “Express” on their own usually fail distinctiveness tests.

Does the Trademark Lack Distinctiveness?

Even if a mark is not fully descriptive, it can still be rejected if it:

  • Is too common or ordinary

  • Does not clearly identify a single commercial source

  • Cannot function as a brand identifier

Invented or coined words generally have a higher approval rate.

Is the Trademark Misleading or Deceptive?

MOET may reject trademarks that:

  • Misrepresent the nature or quality of goods

  • Suggest a false geographic origin

  • Imply government or official affiliation

Accuracy matters. Branding that creates false impressions often fails examination.

Does the Trademark Violate Public Order or Morality?

UAE trademark law prohibits registration of marks that:

  • Conflict with public morals

  • Include offensive or inappropriate language

  • Violate cultural or religious sensitivities

These standards are strictly applied, even if the trademark is accepted elsewhere.

Does the Trademark Contain Restricted Words or Symbols?

Rejection is likely if a trademark includes:

  • Government names, flags, or emblems

  • Official seals or insignia

  • Protected international symbols

Special approvals are required for such elements, and without them, applications are refused.

Technical and Procedural Rejection Reasons

Was the Wrong Trademark Class Selected?

MOET requires correct classification under the Nice Classification system.

Rejections occur when:

  • The class does not match actual business activity

  • Goods or services are poorly described

  • Descriptions are overly broad or unclear

Incorrect classification can invalidate an otherwise strong trademark.

Are the Application Details Incorrect or Incomplete?

Even small administrative mistakes can cause rejection, such as:

  • Incorrect applicant name

  • Mismatch with trade licence details

  • Low-quality or unclear trademark image

Accuracy is essential at every stage.

Is the Power of Attorney Missing or Invalid?

For foreign applicants, MOET requires:

  • Filing through a licensed UAE trademark agent

  • A properly notarized and translated power of attorney

Failure to submit this correctly can result in rejection or suspension.

Were Fees or Deadlines Missed?

Trademark registration involves multiple fee stages:

  • Application fee

  • Publication fee

  • Final registration fee

Late payment can lead to:

  • Monthly penalties

  • Application cancellation

  • Loss of filing priority

Deadlines matter.

What Happens After a Trademark Rejection?

When a trademark is rejected, the applicant may:

  • Accept the decision and re-file with changes

  • Submit clarifications or amendments (if allowed)

  • File an appeal within the prescribed timeframe

Appeals involve additional fees and legal justification, making prevention far more cost-effective.

How to Avoid Trademark Rejection in the UAE (Practical Guidance)

Conduct a Proper Trademark Search

A thorough search helps identify conflicts before filing and reduces similarity-based rejections.

Choose a Strong, Distinctive Brand Name

Avoid descriptive or generic terms. Distinctive names perform better during examination.

Select the Correct Class and Description

Align your trademark exactly with your business activity and future plans.

Review Cultural and Legal Restrictions

Ensure branding complies with UAE public order and morality standards.

Prepare Complete and Accurate Documents

Double-check all application details, authorizations, and representations.

Monitor the Application Closely

Respond promptly to any examiner comments or requirements.

Summary Table: Common Trademark Rejection Reasons

Category

Rejection Reason

Preventable

Legal

Similar existing trademark

Yes

Legal

Generic or descriptive mark

Yes

Legal

Misleading branding

Yes

Legal

Public morality violation

Yes

Legal

Restricted symbols

Yes

Technical

Wrong class selection

Yes

Technical

Incomplete documentation

Yes

Procedural

Missed deadlines or fees

Yes

Frequently Asked Questions

What is the most common reason trademarks are rejected in the UAE?

Similarity to existing trademarks is the most frequent cause of rejection.

Are trademark fees refundable if rejected?

No. Government fees paid during the application process are generally non-refundable.

Can a rejected trademark be appealed?

Yes. Applicants may appeal within the specified period, but appeal fees apply and success depends on legal merit.

Does a foreign trademark registration help approval in the UAE?

No. UAE trademark protection is territorial and evaluated independently.

Can I re-apply after rejection?

Yes. Many businesses re-file with modified trademarks after addressing rejection reasons.

Are logos rejected more often than word marks?

Both can be rejected. Logos may face additional scrutiny for similarity or restricted elements.

How long does the rejection process add to timelines?

Rejections and appeals can extend timelines by several weeks or months.

Can incorrect class selection alone cause rejection?

Yes. Incorrect or unclear class descriptions are a common technical rejection reason.

Is professional support mandatory?

Not mandatory for local applicants, but professional guidance significantly reduces rejection risk.

Why Many Businesses Seek Expert Support

Trademark registration is a legal process, not just an administrative task. Mistakes can lead to delays, added costs, or loss of brand protection.

Fintrack Tax Consultants LLC assists businesses with trademark searches, proper classification, compliant filings, and response handling — helping brands move smoothly from application to registration while minimizing rejection risks.

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