trademark registration

Trademark Registration In UAE

Trademark

Trademark is a recognizable sign, design or expression distinguishing the source of goods or services of one person from those of others. Trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. It covers any unique attribute such as shape of goods, language, their package, and combination of colors. It can be a word, letters, numbers, designs, symbols, pictures, stamps, seals and signs or combination of the same. A trademark may be located on a package, a label, a voucher, or on the product itself.

Usage of Trademark

Trademark identifies the brand owner of a particular product or service. It helps in the unique positioning of a product or service in the market. Trademarks can be licensed to others. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy.

The intellectual property laws in any country allows the owner of a trademark to pursue legal action against any form of violation of trademark rights generally known as trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. Although many countries recognize common law for trademark rights, which means action can be taken to protect an unregistered trademark if it is in use, still common law of trademarks offer the holder in general less legal protection than registered trademarks.

Why Trademark Registration is Important

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source, or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. Certain exclusive rights are quite often attached to a registered mark.

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source, or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. Certain exclusive rights are quite often attached to a registered mark.

Similarly registering a trademark essentially become a notice to the public of the registrant’s claim of ownership of the mark. A registered Trademark serves as a presumption of ownership nationwide and exclusive right to use the mark in connection with the goods and services listed in the registration. Registering a Trademark is the quickest and most cost-effective way to ensure legal exclusivity for the use of a tradename or logo.

Validity of Registration

The duration of protection for Registered Mark in UAE shall be for Ten (10) years from the date of filing application for registration and renewable for further consecutive period of Ten years.

Trademark Registration is done class wise, and the registered mark is valid for all the products coming under that class.

Duration for Process

  • 03 to 06 months for completing the registration process in UAE
  • Provisional registration number shall be allotted in 10 days.

Registration Process (Scope of Work)

  • Filing Application for approval
  • Substantive Examination of TM Applications
  • Confirmation and Approval from Ministry
  • Publication in 02 National Daily News papers
  • Official Gazette Publication
  • Call for objection from Public at large
  • Submission of completed documents and paying final registration fee
  • Final Registration and Issuance of TM Certificate

Objection

It is pertinent to note that at any stage of the process of registration, the registration process can be rejected or objected or opposed either by Ministry itself or by any interested parties with certain reasons. In such a case, a written statement/objection/ appeal must be filed against it.

Status Check or Trademark Search

This is an optional provision and a pre-registration process. The status check or trademark search is done to assess the registrability of a mark in UAE with reference to the data available with Ministry of Economy records. Trademark Search is conducted to reveal whether a similar or identical ‘mark’ has already been registered or not. Always prefer the searching of brands before starting the registration process.

Requirements

  • Power of Attorney (prescribed format will be provided) to be notarized by the applicant. This POA is meant for representation for trademark related works before Ministry of Economy, UAE on behalf of the applicant.
  • Copy of valid Trade License
  • Copy of Passport / Visa / EID of an authorized signatory
  • Soft copy of Logo in JPEG format (315 * 215 pixels)

What is New in Trademark Registration in UAE?

The recent Federal Law Amendment related to Intellectual Property / Trademark Services opens new vistas to safeguard your business interests on your reputed brands and services.

  • You can register Three Dimensional Designs (3D Designs) as Trademarks
  • Holograms can be registered as trademarks
  • Soundtracks and Music Tunes can be registered as trademarks
  • Geographical Names can be registered as trademarks
  • Trade License not mandatory for trademark registrations
  • Temporary Protection for SME’s products during participation in exhibitions
  • UAE become part of Madrid Registration Protocol – Opportunity to register in 124 countries.

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