For setting up or commencement of any business in the UAE, the most important step is to register the Trademark. A trademark for a brand can be any name symbol that signifies the product or the service the company is providing. There are 6 simple steps to be followed for the registration of the trademark of a brand name in UAE.
What is a Trademark?
One of the major and most practised Branches of Intellectual property right is a trademark. Trademarks in a simplfied way means the names, logos, or short slogans that help distinguish a ‘good’ or ‘service’ from other goods and services in a particular geographic area. It is The Federal Laws of the United Arab Emirates to provide protection for registered trademarks. The laws intended to safeguard the interests of both businesses and consumers in the country. A trademark for a brand name can be any name or symbol which differentiates for other products or services in the same industry. Trademark gives individuality and a separate identity to the brand for which it stands.
Importance of Trademark-
Trademark registration is the most important part of setting up any business. Trademark gives a distinguished identity to any brand, product or service. If a trademark is registered the brand gets legal recognition accompanied by legal rights. Once a trademark is registered a brand can legally sue any other brand in case of an infringement.
What Can Be Registered as a Trademark
- Tax stamps,
- Advertisements or packs,
- Any other mark or a combination
The above listed can be accounted as a trademark but it should be distinctive, in relation to the goods or services. Sound can be considered to be part of a trademark if it accompanies the brand.
What cannot be registered as a trademark-
- Any item or goods which are devoid of any distinctive character or property or mark or which consists of mere denominations
- Products or good with any familiar drawings.
- Any mark which is in violation of public morals or disrupting public order.
- Public emblems, flags and other symbols pertaining to the State, Arab or international organizations or any other public institutions, or any foreign country, or have any such imitations.
- Symbols of the Red Crescent or the Red Cross and other similar symbols, as well as the marks, which are imitations.
- Marks, which are identical or similar to the symbols of purely religious nature.
- Geographical indications or names which may cause confusion as to the origin or source of the goods, products or services.
- The names, surname, photograph or emblem of a third party, unless prior consent of that person or his heirs’ has been obtained.
- Any kind of marks that can mislead the public or which contain false data as to the origin or the source of products or services, or about their other characteristics.
- Marks that contain an imaginary, imitated or forged trade name.
- Marks owned by natural or legal persons, dealing with whom is prohibited by the law.
- the registration of such marks which cause some classes of products or services to diminish the value of other products or services.
- Marks containing the following words or phrases: "Privilege", "Privileged", "Registered", "Registered drawings", "Copyright" or "Imitation is a forgery" or any other similar words and phrases.
- National and foreign decorations of metal and paper currencies.
Above mentioned are some of the characteristics where registration of a trademark can be denied.
Steps to register a trademark
1.Check the availability of trademark
The first step is to inquire or check whether the trademark used is available for registration. it can be checked online or by the government registered trademark office or MOE. If the Trademark is already in use by any other institution or brand then that cannot be you and can amount to infringement.
2.Trademark registration Application
The trademark registration application form is to be filled. The form should be downloaded by the e-commerce government website. The forms must be downloaded and attached to the required documents.
After filling of the registration form, the next step is to pay the prescribed fees through the online e-commerce portal set up by the Ministry of Economy. The estimated prescribed fee is about $10,437.
- Revaluation by the ministry
There will be a revaluation of form by the Ministry of Economy, UAE. After the form is submitted the MOE will either accept the application or if there are any errors they will reject it. The result of the revaluation will be informed to the person within the next 30 days of submission. If the form is rejected a person has the right to appeal.
- Publish in the local newspaper
After the approval from the MOE, the trademark application must be published in any 2 local Newspapers. The newspapers should be recognized by the public at large. Any person who has any complaint or any objection with the trademark can within 30 days of publication object to it.
- Certificate of registration
After publication, if there are no objections within the given time, then the MOE will grant the certificate of registration. The certificate of registration includes registration number, date of application, name of the business, details of the owner, details of the registered trademark.
The above-mentioned steps might look very easy to read but the process can be very complicated at times. While registration even if one step is missed or altered, it may affect the whole registration procedure. It is advisable to hire firms to make this procedure more simplified. We are here at Commitbiz to help you register your Brand name in the shortest period with maximum efficiency and customized services. In case of any query contact us – we will be happy to help.