What is a Trademark?
Trademark is a recognizable sign, design or expression distinguishing the source of goods or services of one person from those of others. Trademarks that are used to identify services are usually called “Service Marks”. It covers the shape of goods, language, their package, and combination of colors. It can be a word, letters, numbers, designs, symbols, pictures, stamps, seals and signs or combination of the same. A trademark may be located on a package, a label, a voucher, or on the product itself. The trademark owner can be an individual, business organization, or any legal entity.
Why Trademark Registration is important?
The essential function of a trademark is to exclusively identify the commercial source or origin of products or services. In other words, trademarks serve to identify a particular business as the source of goods or services. Certain exclusive rights are quite often attached to a registered mark.
A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or “colourfully” similar to the “registered” products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services.
Similarly, registering a trademark essentially become a notice to the public of the registrant’s claim of ownership of the mark. A registered Trademark serves as a presumption of ownership nationwide and exclusive right to use the mark in connection with the goods and services listed in the registration.
Registering a Trademark is the quickest and most cost-effective way to ensure legal exclusivity for the use of a tradename or logo. If you do not register your trademark and your competitor registers your mark, then to get back your trademark requires a court battle which is a costly affair.
A registered trademark increases the value of your Brand. Trademark is a part of your Brand Identity. Investors will be more interested in investing in a business that has a registered trademark.
Validity of Registration:
The duration of protection for Registered Mark in UAE shall be for Ten (10) years from the date of filing application for registration and renewable for further consecutive period of Ten years.
Trademark Registration is done “Class” wise, and there are 45 Classes under which a trademark can be filed in the UAE. For e.g. All Furniture related trademarks are filed under Class 20. Toys are filed under Class 28. The registered mark is valid for all the products coming under that class.
Duration for Process
- 03 to 06 months for completing the registration process in UAE
- Provisional registration number will be allotted in 10 days
Status Check / Trademark Search
This is an optional provision as pre-registration process. The status check or trademark search is done to assess the registrability of a mark in UAE with reference to the data available with ministry records. The searching of certain Brands is to reveal that whether a similar or identical BRAND has already been registered or not. Always prefer the searching of brands before starting the registration process.
Registration Process (Scope of work):
- Filing Application for approval
- Substantive Examination of TM Applications
- Confirmation and Approval from Ministry
- Publication in 2 National Daily News papers
- Official Gazette Publication
- Call for objection from Public at large
- Submission of completed documents and paying final registration fee
- Final Registration and Issuance of TM Certificate
It is pertinent to note that at any stage of the process of registration, the registration process can be rejected or objected or opposed either by Ministry itself or by any interested parties with certain reasons. In such a case, a written statement/objection/ appeal must be filed against it.
- Power of Attorney (Format will be Provided) to be notarized by the applicant. This POA is meant for representation for trademark related works before Ministry of Economy, UAE on behalf of the applicant.
- Copy of valid Trade License
- Copy of Passport / Visa / EID of an authorized signatory
- Soft copy of Logo JPEG format
Trademark Registration at Legal Maxims:
LEGAL MAXIMS CONSULTANTS is a pioneer in intellectual property services in the UAE. We are now moving on to the 16th year of providing Legal and Management Consultancy Services in UAE. We have registered more than 2000 Trademarks till date, and some of the well-known household names have been registered by Legal Maxims (For e.g. Nesto, Geepas, Cummins, etc.)
Our Intellectual Property Services team comprises of Attorneys and Professionals who have gained their IP knowledge through several years of working with us. We provide specialized training to our team to meet the highest expectations in all aspects of Intellectual Property matters. We operate through associate offices in 80 countries across the globe with regional offices in UK and India.
The IP professionals at Legal Maxims Consultantscan take care of all your Intellectual Property requirements such as worldwide Trademark Registration, Copyright Protection, Patent Writing and Registration, Industrial Design Registration, Domain Registration, Protection and Enforcement of Trademarks, Surveillance/Watch Services of Registered Trademarks, Drafting of Licensing & Assignment Agreements, Intellectual Property Rights Recording (IPR Recording) with Regional Customs Authorities, etc.