October 22, 2015
Now, that you have made up your mind to start a business in Dubai, there are things that you have to get done before venturing ahead. Trademark registration is one such factor vital to your business that no one might have told you yet. Though choosing a company name, designing an appealing logo and the registration process of the company name are all part of the business initiation procedure, trademark registration forms an inevitable part of the company forming process, all over the globe.Still confused on what a trademark actually represents or why is it actually important in the business set up? Here, we shall discuss what it actually means, why you need to implement it for your business and how to register trademark in Dubai, in detail:
To understand better about trademarks, you need to first learn about Intellectual Property. Well, Intellectual Property can be referred to as a property or asset, which is unreal and is the product of the human mind’s creativity or intellect that can range from an idea, trade secret, discovery, program, formula, data, invention, process, patent, design, to trademark and much more. So, now you know that trademark is a kind of Intellectual property and forms an inevitable part of business formation process.
When you plan to start a business, a closer look at the market and you will realize you are not alone in the respective trade. There are a large number of other organizations that own similar kinds of products and services. So, the question is how do you distinguish yourself from your competitors, and there should be some kind of unique identification that people can use to relate to your products or services? Here, comes the role of a trademark that empowers the owners with the exclusive right to use the mark as a unique identification for their goods or services.
A trademark usually consists of letters, words, symbols, numerals, headings, signatures, devices, or any combination of the above that distinguishes your products or services from that of others and provides you with a unique identification in the indefinitely expanding market.
How does it feel to know that you are the sole owner of your business? Indeed, an elating thought! When you are investing all your valuable resources on your business, trademark guarantees that you have the exclusive ownership of your products & services distinguishing you from the others. It is one of the most affordable ways to legally ensure the exclusivity of the name or logo that you intend to use. Also, it prevents the usage of your name or logo by other traders. You do not have to live in constant dread of a situation that might arise when someone sues you up for using their trademark name or logo; the legal process is too hectic and involves a lot of money & time that will tear you up, altogether.
Registering for a trademark not only ensures that your business is covered with a nationwide protection and you have a unique identification
One of the main reasons that you are recommended to register a trademark for your business is that it issues you with the right to be the authoritative owner of the trademark and it is your right for protection against preventing other traders from adopting yours. It provides you with the following benefits:
From the perspective of your potential customer, having a registered trademark, it adds value to your brand and this in turn will fetch you a higher compensation for your business when you sell it.
This means that trademark registration is an inevitable part of your company formation process in the UAE.
Now that you have decided to get your business its trademark, the next step is to find a leading International Corporate law partner to assist you in the trademark registration process. Here, you can catch a glimpse of some of the important procedures that you need to move across while registering for a trademark:
If you are planning to form a company in Dubai or any of the free zone areas or anywhere across UAE, you need to put forward an application to the Ministry of Economy & Commerce. All the details in the application form needs to be filled in Arabic. You need to place 14 specimen drawings of each of the marks.
Any locally licensed law firms in UAE can help you with the application filing process.
The rest of the procedures are carried out by the ministry, it is their responsibility to go through the applications and approve it. In some cases, where the Ministry finds information missing or inappropriate information has been provided, then the application will be rejected and the Ministry will prepare a report on the basis of the missing or inappropriate information.
During such instances, the Ministry directly summons the applicant and he/she needs to report at the Ministry within the specified period of time. The applicant can either choose to accept the Ministry’s report or choose to file a plea against it with the Trademarks Committee of the Ministry. If the Committee’s report is unfavorable, then the applicant can further choose to file an appeal at the Civil Court.
Once all the issues are resolved, the approved trademark applications will be published in the UAE Official Gazette. Apart from this, it also needs to be published in the nation’s two leading newspapers.
Now, the general public has 30 days within which they need to respond, if they have any objections with regard to the trademark and this must be forwarded in a written notice to the Ministry. For any objections that arise, the applicant has another 30 days within which they must take an action.
The Ministry now decides whether to approve or reject the trademark. In case, if the Ministry decides to reject it, the applicant can go for an appeal to the Trademarks Committee of the Ministry. If the Ministry approves the trademark, the applicant needs to send notifications to the federal and local bodies as well as the Chambers of Commerce & Industry, and provide these concerned authorities with further details.
Once you have your trademark registered, you are the proud sole owner of your trademark. You need to get it renewed every 10 years.
Legal Maxims is one of the UAE’s leading International Corporate law firms and we offer legal consultation for: IP Services, Business Incorporation Services, HR Services, Liquidation Services, Auditing & Accounting and a lot more. Our team of professionals is experts at handling and managing all kinds of legal, paralegal, and corporate procedures with ease.