What is Trademark?
A Trademark is a BRAND IDENTITY!!!
A Trademark is a form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, engravings, advertisements, drawings, announcements, packs or any other marks or group of marks that distinguishes a product or service from the products or services provided by third parties. The voice accompanying a trademark is considered a part of it.
The Trademark Law aims to prevent confusion among consumers as to who provides a service or product or who is associated with that service or product.
Advantages of registration:
• Exclusive Legal Rights
• Authority to Use the Symbol ®
• Registration Validates the Trademark as an Asset
• Better and Greater recognition and Profitability
• Rights to Take Prompt and Rigorous Legal Actions
• Easy access to the overseas market
• Protects trademark across the geographical areas
• Protection against others registering identical or similar trademarks
• Adds a commercial value to the tradename or products
• Prevents others from using the trademark
• Serves as a constructive notice
What to do:
Register a trademark before you start offering products or services under that brand to the public
Register a trademark before others get the registration of your trademark
Registration provides additional statutory remedies against trademark infringement, depreciation of the value of goodwill, and becoming disentitled of the trademark due to the adoption of a confusing official mark.
We help to overcome with every hurdle relating to the conducting searches of the name availability, registration, renewal and as well protection of trademarks worldwide.
We provide the documentation and the research that will allow you to register your trademark with the least amount of worry and ensure legal registration.
We are comprised of an experienced team of professionals who work with our customers to develop and protect their brand identities.
Any party that may need to register their trademark(s) in UAE has to forward an application to the Ministry of Economy & Commerce. Trademark applications must be filed in Arabic, together with fourteen (14) specimen drawings of each mark. The application may file through a locally licensed Law Firm in UAE.
The Ministry will carry out the necessary checking to the above application and will issue an examination report which shall indicate whether further information must be provided or whether there are any requirements, conditions or limitations in connection with the prospective registration. The Ministry normally calls upon the applicant to reply to such reports within a specific period. Any requirements listed in the Ministry's report must either be accepted by the applicant or appealed against it to the Trademarks Committee of the Ministry. The Committee's decision is further appealable to the Civil Court.
Upon resolution of all outstanding issues, trademark applications preliminary approved for registration are published in the UAE Official Gazette. The trademark registration must also be published in two leading National newspapers. After publication, the general public is provided thirty (30) days to forward written objections to the Ministry concerning the registration of a trademark. The applicant for the trademark registration shall have thirty (30) days to respond to any such objections. The Ministry then decides whether to accept or reject the application. This decision may be appealed to the Trademarks Committee of the Ministry, and then to the competent courts. If the mark is accepted by the Ministry for registration, the applicant notifies and provides details related the mark to the federal and local bodies, Chambers of Commerce & Industry, etc.
Recognizing the importance of Trademark, it is wise to seek legal assistance on the process on how to avoid IP theft and how to register your IP locally and globally. If you are planning for a company formation in Dubai or export a products, Legal Maxims' Business Setup Consultants in UAE can give you a solid advice and help you tackle with IP protection and enforcement at you local country and abroad.
Intellectual property is a creation or work of human mind or intellect, specifically, an idea, invention, discovery, trade secret, process, program, data, formula, patent, copyright, and trademark, design etc.
Intellectual Property Law is an International Common Law, but varies according to the regional state of affairs.
Intellectual Property has assumed a great importance in recent times as a result of the recognition that "knowledge is property". The field of Intellectual Property and its growth in recent times is definitely remarkable and outstanding in the light of changing needs and necessaries of the society, the nation and the world of nations.
Intellectual property (IP) Law is an umbrella term used to refer to the object of a variety of laws, including:
Registration and renewal of Intellectual properties worldwide.
Protection & Enforcement
Legal Action against Infringement & Duplication
License & Assignment of ownership
Amendments of Trademark registration
• Using of your brand by competitors for one's benefit
• Competitors may prohibit you to use your brand
• Fines from the state bodies for using and advertising of the unregistered brand
• Penalties for violation any legal compliance
• Using of your content by competitors
• Using of design of your website/SOFTWARE/mobile application by competitors to obtain financial benefits
• Copying of source code or unique modules of your software/website/Mobile app
• Claim for the rights for the software from the developer, a former employee
• Blocking of your software/website/Mobile application by reason of the violation of third party rights and many others.