Trademark is one of the most integral parts about any brand, firm or company. A majority of individuals identify strong brands through the Trademarks or logos or symbols. People differentiate fake goods from genuine ones through the minute details in Trademarks. Trademark has become a significant part of any brand in today's world, and there is a need to protect it from people who manufacture goods and pass such goods off in the name of reputed brands.
This not only tarnishes the image of the reputed brand but also deters the revenue earned by it.
However, the protection given to Intellectual Property in UAE provides for registration of these Trademarks, thereby protecting it from misuse or passing it off as a product/service from another well-reputed brand. This is good news for those willing to open a business in the UAE.
Things to keep in mind before Registration of a Trademark.
The initial step to be taken is to search if such a trademark already exists, while this can be done through a IP consultant in UAE.
The next step to be taken before applying for registration of a trademark in UAE is to check if such a trademark can be registered. UAE doesn't provide Trademark registration to all "TRADEMARKS."
According to UAE’s Federal Law No. 37 of 1992 on Trademarks, a trademark is any distinguished form of letters words, signatures, logos figures, graphics, names,, titles, hallmarks, seals, pictures, announcements, patterns or any other marks or cluster of marks. It depends on if these marks are used either to distinguish services, goods and products or from any other source or to indicate that certain services, goods or products belong to the owner of the trademark, because of their provision, manufacturing, selection of trading. The voice accompanying a trademark is considered a part of it.
Therefore, trying to register a trademark which sounds like another already existing trademark would be prohibited, or such registration would be rejected due to the confusion that will occur and how similar it would seem
This means the trademark has to satisfy the above definition for it to be protected. For example, merely descriptive terms for services or goods may not be registered as trademark and Marks that are in conflict with Sharia Law. Marks that may mislead the public or provide false information Registration of a trademark which objects to the market where there is selling of goods and services to consumers, then in such a case non-registration would result in a penalty for cheating and deception according to UAE's Consumer Protection Law.
Moreover, Trademarks have classes of protection, 1-45 classes, 34 classes for products and the remaining 11 for services, thereby allowing an individual to categorise and specify the class that covers the trademark clearly. This allows two identical trademarks to exist in two different classes. For example, Class 1 is for chemicals, and Class 2 is for paints. Class 35 is for business and advertising.
It is advised that a person registers a trademark in the country or countries they intend to do carry on business in.
Who can register a Trademark
Individuals, trade unions, companies, partnerships, and other legal entities may register trademarks in the UAE for identification purposes with respect to their goods and services.
Benefits of Registration
- The registration of Trademarks gives the proprietor the right to exclusively use the mark in respect of goods or services sold under the name of that specific brand.
- The registration of trademarks allows franchising. This allows expansion of business as well as building your brand name, thereby increasing brand value.
- This can be transferred by the current owner to anyone else and also has a significant monetary value attached to it.
- You can pledge a Trademark as security and obtain loans from banks.
How to register a Trademark
To register a trademark in the UAE online application can be filled out and submitted. The documents to be submitted to the UAE Ministry of Economy at the time of the registration are
- Trademark logo
- A copy of the commercial license
- Power of Attorney
- Priority document
- Passport copy
- Other attachments as required
The Ministry, after going through the application then may reject, accept or request for modification of the application. Payment needs to be done for the application. Then the ministry will study the application and then approve it. Once the application is approved, a sum of money for the publishing needs to be paid. Then the trademark is then published in the Official Gazette of UAE as well as in two local newspapers. There is a one month buffer to hear objections from the public after which the trademark is considered approved and ready for registration. The registration charges need to be paid after which the trademark is considered as registered. This entire process usually takes a few months.
Are you looking to register your creative trademark? Afraid someone might be using your brand's logo to sell goods? The team Commitbiz can help you from the initial search all the way to registration while you don’t have to worry or go through the hassle of registering your precious trademark. Contact us if you require anything related to trademarks, and we would be happy to help.