United Arab Emirates

Trade mark protection in the UAE is governed by Federal Decree Law No. 36 of 2021 (“Trade Mark Law”), which aligns with international best practice in many ways, including covering protection for traditional and non-traditional trade marks. The following are covered: names, words, signatures, letters, symbols, numbers, addresses, seals, drawings, pictures, engravings, packaging, graphic elements, forms, colour, signs, three-dimensional marks, hologram marks, sound, and smell, to name a few.

In the fashion industry, aside from traditional trade mark registration protection, what stands out is protection for three-dimensional marks that are distinctive enough to constitute a badge of origin. Examples depicted below include Hermès International’s registration in the UAE under Mark No. 212332 in class 25, including Richemont International S.A.’s well-known Van Cleef & Arpels Alhambra motif jewellery design, registered in the UAE under Mark No. 179530 in class 14.

Significantly, in 2024, CWB filed the first sound trade mark application in the UAE, which has since registered a milestone in the UAE in the global trend towards recognising and protecting non-traditional marks. The filing was for a large international hospitality company, prepared in close collaboration with officials at the Ministry of Economy & Tourism, and sound trade mark registration practices from various countries around the world were closely considered regarding international best practices. Below is a publicly available extract of the trade mark as published. As can be seen, a helpful description is included that the trade mark is a sound that consists of five notes.

Trade mark registration is crucial in the fashion industry, as it provides an owner with exclusive rights to use a trade mark and take legal action against infringers. It is also a pre-requisite for customs registration in the UAE. Further, while the Trade Mark Law provides for oppositions based on unregistered well-known trade marks, as an example, formal registration is the primary method for securing rights.

Additionally, over the last few years the UAE has increasingly introduced “Made in” regulation, examples including the Emirates Quality Mark, and the Made in the Emirates mark and associated initiative, aiming to enhance the competitiveness of Emirati products in both local and international markets. Mark depictions are below.

The Make it in the Emirates initiative was launched in 2021 to attract and encourage the development and manufacture of products in the UAE. Additionally, in 2023, the Ministry of Industry and Advanced Technology published Cabinet Decision No. 16 of 2023, providing the circumstances under which a licence certificate could be issued for the use of the Made in the Emirates mark in relation to fully or semi-manufactured materials produced by industrial establishment in accordance with the requirements set out under the law.

Going back to the Trade Mark Law, geographical indications may also be registered. In May 2025, the Ministry of Economy & Tourism announced the launch of the geographical indications system for national products, the first-of-its-kind federal initiative designed to safeguard local products with unique features and characteristics that originate from specific geographical regions in the UAE. As a result, online applications for geographical indications in the UAE are available to both local and foreign applicants. As a fashion-adjacent example, we note that Ras Al Khaimah (RAK) Ceramics from the Emirate of Ras Al Khaimah forms part of the first batch of applications under the new system, paving the way for protection against misuse and safeguarding authentic local products.

Recent statistics and developments worth sharing:

• Trade mark registrations in the UAE continue to grow steadily, with the total number of national and international trade marks registered in the UAE having reached 34,234 for the period from January to early November 2025 alone.
• Significantly, during the first half of 2025, 19,957 national and international trade marks were registered in the UAE, a growth of 129% compared to the first half of 2024.
• During 2024, the number of national and international trade marks registered doubled, reaching 31,537 as compared to 16,712 in 2023.
• Interestingly, in November 2025, the Ministry of Economy & Tourism launched a trade mark platform, TM Market Place, the first digital platform of its kind in the UAE and in the region, for buying and trading trade marks. This new national project is yet another way in which the Ministry is ensuring an innovative and competitive landscape for intellectual property and trade marks in the UAE, ultimately strengthening appeal for global companies and brands, including those in the fashion industry.

In addition to the registration of non-traditional trade marks, discussed above, industrial design rights regulated by Federal Law No. 11 of 2021 (“Industrial Property Law”) are particularly useful to protect the aesthetic, non-functional aspects of products in the fashion industry, such as two-dimensional or three-dimensional ornamental features that give a special appearance to a product. This gives highly sought-after protection to visually unique items in the fashion industry, often covering the designs of shoes (for example, the clog design of Crocs Inc., depicted below).

Design protection is a powerful addition to a trade mark. While a trade mark protects the name and logo on shoes, an industrial design can protect the unique shape and appearance of the shoe itself. To be eligible for protection in the UAE, a design must be new and original, meaning it has not been disclosed to the public before filing and creates a distinct visual impression. Registration grants the owner the exclusive right to prevent third parties from using the industrial design in the making of any product, including importing any product related to the industrial design, or possessing such product for the purposes of commercial use, offering it for sale or selling it.

Copyright protection in the UAE arises automatically upon the creation of an original work in a tangible form, without the need for registration, and is governed by Federal Decree Law No. 38 of 2021 (“Copyright Law”). In fashion, this often includes initial fashion sketches, patterns and embroidery designs, photographs such as lookbooks and other brand photography.

Copyright is an extremely important right to be aware of considering that it is free and automatic provided that certain requirements are met, such as originality. While protection is granted upon the creation of the work and does not require formal registration, doing so in the UAE is recommended as it assists owners with prima facie evidence of rights at the stage of enforcement. This is in addition to, for example, a fashion designer’s clear record keeping of original fashion sketches to support evidence of creation, if required in future.

While less common in fashion, patents are available for genuine inventions that are new, involve an inventive step, and are industrially applicable. Similarly to designs, patent protection is also regulated by the Industrial Property Law and could apply to “fashion tech” such as smart fabrics, wearable technology, or novel manufacturing processes.

As mentioned above, the UAE also has provisions for the registration and protection of geographical indications. As a sign used on products that have a specific geographical origin and possess qualities or a reputation that are a result of that origin, for fashion, this often applies to specific textiles or traditional crafts known to originate from a particular region.

Licence agreements

Licence agreements are crucial when a brand licenses its trade mark to a third-party manufacturer. Key clauses include the scope of the licence (trade marks, products, territory, duration), quality control provisions to protect brand reputation, royalty payment structures, and clear terms on the ownership of any new intellectual property created under the agreement, by way of example.

Non-disclosure agreements (NDAs)

NDAs are vital in the fashion industry in early stages of design and production to protect trade secrets like unique patterns and supplier lists. An effective NDA in the UAE must clearly define what constitutes confidential information, and specify the duration of the confidentiality obligation, which should continue even after the contract ends.

Subcontract agreements with suppliers/in-house manufacturing

Subcontract agreements with suppliers/in-house manufacturing often govern the production of fashion goods. Essential clauses include, for example, detailed product specifications, quality assurance and inspection protocols, delivery schedules, liability for defects, and clear terms on intellectual property ownership, ensuring that the manufacturer cannot use the brand’s designs for other clients.

Agency agreement

The regulation of commercial agencies in the UAE has undergone a significant transformation with the introduction of Federal Law No. 3 of 2022 (“Agency Law”), which came into effect in June 2023. The previous law was highly protective of UAE national agents, often making it difficult for foreign principals to terminate an agreement without the agent’s consent or paying substantial compensation. The new law, however, introduces more flexibility.

While an agent can still claim compensation for damages if a contract is terminated by a principal, for example, the grounds for termination now are broader. For instance, a contract can be terminated in the UAE upon the expiry of its term if proper notice is given. The notice period is one year before expiry, or half the contract’s term, whichever is less, unless otherwise agreed. For long-standing agency agreements, other rules apply.

Selective distribution online in high-end fashion and trade mark protection

Selective distribution systems, where suppliers agree to sell only to distributors selected on the basis of specific criteria (e.g. quality of retail space, staff training), are common for luxury fashion brands in order to maintain brand image and exclusivity, for example. These arrangements are generally permissible provided the agreements do not breach the UAE’s competition laws by fixing resale prices or creating an anti-competitive monopoly. While these arrangements helpfully aid to preserve trade mark value by preventing goods from being sold in unsuitable environments that could tarnish a brand’s luxury positioning, brand owners should ensure that these arrangements are dictated by selection criteria that are objective, qualitative, and applied non-discriminatorily.

Co-branding and co-marketing

Co-branding agreements, where two brands collaborate on a single product, are popular in the fashion industry. Key clauses in the UAE would regulate:

• Brand and royalty management. The contract must clearly define how each brand’s trade marks will be used, the ownership of the new co-branded product’s IP, and how revenue or royalties will be split.
• Reputational damage and brand co-existence. The agreement should include clauses allowing for termination if one party’s actions bring the other brand into disrepute. It should also outline mutual approval rights for all marketing and promotional materials to ensure brand messaging is consistent and protects the integrity of both parties.

Franchising and alternative sales model agreements

Franchising in the UAE is regulated generally under contract laws, and more specifically under the Agency Law, which requires registered franchise arrangements to be recorded at the Ministry of Economy & Tourism. Requirements for an agreement to be registered include that it must be in writing, notarised and translated into Arabic; and the franchisee should be a company with at least 51% owned by UAE nationals (or in the case of individuals, the franchisee should be a UAE national).

On the other hand, general contract laws apply to unregistered franchise arrangements, the most relevant being Federal Law No. 5 of 1985 amended by Federal Decree Law No. 30 of 2020 (“Civil Code Law”), including Federal Law No. 50 of 2022 (“Commercial Code Law”). These agreements tend to be more flexible and less restrictive than those to be registered under the Agency Law, which is why foreign companies tend to prefer unregistered agreements over registered ones.

For the fashion industry, it is helpful to know that while the franchisor is allowed to provide recommended retail prices, the recommendation should be non-binding and competition laws prohibit the franchisor setting a minimum price at which franchisees must sell products in certain circumstances.

Employing fashion models

Contracts with fashion models must include clear model release forms. Key clauses are the scope of use (which campaigns, media, territories, etc.), the duration of use, compensation, and a waiver of any future claims. The contract should also specify whether the model can work for competing brands during the term.

Social media, influencers and brand ambassadors/celebrities

The UAE has one of the most regulated environments for influencer marketing in the world. All paid influencers must obtain a licence from the relevant authorities, like the UAE Media Regulatory Office and the National Media Authority. Contracts with influencers are a legal necessity and must be robust. Key clauses include:

• Compliance. A warranty from the influencer that they hold valid licences.
• Exclusivity. Terms preventing the influencer from promoting competitor brands for a specified period.
• Disclosure. A mandatory requirement for the influencer to use clear and conspicuous disclosures like ‘#ad’ or ‘#sponsored’ on all paid content.
• IPRs. Clear terms on who owns the content created and how the brand can use or repurpose it.
• Content control. Clear guidelines on the brand’s messaging and values, and often a right for the brand to approve content before it is posted.

Failure to comply can lead to fines for both the influencer and the brand.

Advertising standards, relevant authorities and advertising practice

All advertising in the UAE is regulated by bodies like the UAE Media Regulatory Office and the National Media Authority, and is subject to the associated advertising standards. The overarching principles require all advertising to be truthful, honest, and not misleading. For fashion, this means advertisements must:

• Respect religious and cultural values, for instance, by being mindful of modesty in imagery.
• Not contain false or exaggerated claims.
• Be in Arabic, although other languages can be used alongside it.
• Not unlawfully use third-party trade marks.

The primary law is the Consumer Protection Law. For fashion businesses, the most relevant rules include:

• Right to correct information. All product descriptions must be accurate. Misleading information about the material, origin, or quality of a fashion item is prohibited.
• Clear pricing. Prices must be clearly displayed.
• Data privacy. The law prohibits suppliers from using a consumer’s personal data for marketing purposes without their consent.

The concept of protecting a store’s layout falls under the legal principle of “trade dress”, which is a form of intellectual property that protects the visual appearance of a product or its packaging. In the UAE, protection for a unique and distinctive physical store layout could potentially be argued under a combination of laws:

• Unfair competition. If a competitor copies a store layout so closely that it is likely to confuse consumers, an action could be brought under unfair competition principles.
• Copyright. If the layout includes original artistic works, these individual elements could be protected by copyright.
• 3D trade mark. If the store’s layout is exceptionally unique and has acquired distinctiveness as an indicator of the brand, it might be possible to register it as a 3D trade mark.

Applying these protections to an online store layout is theoretically also possible. Reliance could, for example, be on the unique graphical user interface, including the arrangement of visual elements, colour schemes, and the overall “look and feel”, as copyright protected elements if sufficiently original.