Trademark registration helps to legally protect a mark and also deter others from using it without your authorization. If a trademark is registered, the law presumes that you are the legal owner of the mark and all that needs to be proved is that a trademark that is identical or similar to yours was used by a third party without consent for the same goods or services for you to be able to take legal action. Registering a trademark will provide you with:
- The ability to take any legal action against anyone who uses your brand without your permission;
- Apply the registered symbol next to your brand or mark to show that it is yours and warn others against using it;
- Sell and license your brand or mark;
You can ask for Trademark professional providers in UAE like Farahat & Co to help you throughout the process.
The Process of Trademark Registration in UAE
Registering a trademark for your company may take a bit of time but it is necessary to protect the company from imitators. The following steps will give a detailed overview of the trademark registration process in UAE:
Step 1 Enquire about current marks
Before registering a trademark, the first step is to search if the trademark you want is already in use or not. This can only be done through a thorough trademark search service.
If it is found to be in use by a different business entity, the particular trademark cannot be used nor rejected by you. Only after choosing the appropriate trademark will the procedure of registering a trademark begins.
Step 2 Select a mark to register
Selecting a mark to register must be done with a lot of consideration. The basic requirements to make a mark eligible for registration are:
- it must be used in commerce
- it must be distinctive or unique
- it should not include any names that may seem to be abusive or in violation of UAE Intellectual Property legislation.
Step 3 Fill out the application
The application to register a trademark needs to be filed and submitted to the Ministry of Economy. You can also seek the help of a trademark specialist to get the form filled and application filed for you. Documents needed to file an application is:
- Power of attorney
- Trading license
- Contact details of applicant
- A sample of the trademark design
- ID or passport of the person who will sign the application
- A list of goods and services to be protected
Step 4 Pay the required amount
You will be required to pay a trademark registration fee. This payment can be done through the Ministry of Economy. You may incur some extra-legal costs or an extra translation fee.
Step 5 Wait for evaluation by Ministry of Economy (MOE)
After payment is done, the MOE will evaluate the application. Any problem such as an unfilled query or any improper answer will result in the rejection of a trademark application.
If your application is rejected, you have the right to appeal and then make the necessary changes in the application.
Step 6 MOE will publish the mark in the local papers
After giving the approval, the Ministry will publish the mark in two different newspapers. Take note that the cost of publishing the announcement in the two local papers will be borne by the applicant. If anyone has any objection to the registration of the trademark, a complaint can be filed under thirty days of publishing the application.
Step 7 Opposition for the published mark
Any other party who is having issues with the published trademark can file an opposition within the prescribed time as stipulated in the trademark and IP legislation in UAE. If no opposition is being filed, then the application can be considered for certification.
Step 8 Final Registration
If there is no complaint against the trademark in the specified time, the Ministry of Economy would provide a certificate of registration. This would include the registration number, date of application, name of the business and the owner(s) name, the trademark and a description of the products, goods, and services that are categorized under the approved mark.
Maintenance of trademark registration in UAE
To maintain the registration of a trademark the trademark holder must submit specific documents for maintenance and a declaration for the continued use of the trademark. If the trademark owner fails to make the required filings, it will result in the cancellation and/or expiration of the mark.
For instance, if the registration is canceled or expired, the owner of the trademark has to file a brand-new application and begin the entire process again from the very beginning. The fact that your mark was previously registered by you does not guarantee approval for the registration of the same mark.
These steps have to be followed to get a trademark registered. Once the trademark is registered it would be valid for a period of 10 years which can further be renewed after paying a specified amount. The registration process will only give protection in the UAE and not anywhere outside the country.
It would be beneficial to take help if a trademark specialist that would ensure that the application has all the relevant information needed. An expert will take care of all the problems you face by providing customized service.
What cannot be registered as a trademark?
The following cannot be registered as a trademark:
- Deceptive or non-descriptive marks
- A trademark that breaches the public morals or violates the public order
- Public emblems, flags and other logos of state, the Arab or any international organization
- Logos of the red crescent or red cross and other similar symbols and marks being an imitation thereof
- Marks that are identical or similar to symbols that have religious meaning
What are the absolute grounds for refusing a trademark registration?
The absolute grounds for a trademark application to get rejected include similarity to registered marks, offensive terms or design, and conditions and restrictions.
What are the grounds for filing an opposition of a trademark?
Opposition against a trademark can be filed on absolute or relative grounds. Interested parties may oppose an application based upon prior use of a mark in UAE or a well-known status abroad.
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