Trademark Registration

A trademark is typically a brand name that is used in business as an identification sign to distinguish the goods or services from other companies. A trademark could be a name, sign, picture, signature, color, word, slogan, software, application, website, shape, or combination of any of these.

What are the benefits?

1. It can help to protect your business identity.
2. Protecting you for using the similar trademark.
3. “Concrete Proof” of your legally protected rights
4. It removes the need to rely on “common law” rights (passing off)
5. Registration protects against others who trade in the same, but defective goods/services.

FAQ:

1. Why is the Trade Mark search important before filling application for Trade Mark?

Any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks if they were used or intended to be used either to distinguish goods, products or services from whatever sources or to indicate that certain services, goods or products belong to the owner of the trademark because of their provision, manufacturing, selection of trading.

2. How long Trademark registration valid in UAE?

Trademark registration in the United Arab Emirates is valid for 10 years. The registration is renewable for further periods of 10 years each.

3. What things can be registered as Trade Mark in UAE?

Any distinguished form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs or any other marks or group of marks if they were used or intended to be used either to distinguish goods, products or services from whatever sources or to indicate that certain services, goods or products belong to the owner of the trademark because of their provision, manufacturing, selection of trading.

4. What is a Patent?

A patent protects new inventions, ideas and covers the processes and methods used in creating such inventions. The owner of a patent has protection under the law. Registration of a patent provides the owner with the necessary protection from use or exploitation by others.

5. What is copyright?

A copyright is a protection given by law to the authors, creators, and writers for their work, including dramatic, musical, artistic, literary, and other intellectual work.

6. Can I register my own name as a trademark?

Typically, you would not be able to register a proper name such as yours, as a trademark. The only exceptions may be if you can show that your name has become identified in the minds of the public with your specific goods and/or services.

7. How can I register my trademark globally?

There is no one system of global trademark registration. Hence, applications are required to be filed separately for each jurisdiction, save in cases where some countries allow for one application through a treaty. An example is the Madrid Protocol which covers multiple jurisdictions. UAE is not a party to the Madrid Protocol.

8. Who can challenge the registration of Trade Marks?

Registration of a trademark can be challenged by a third party who may claim prior rights to the trademark. Typically, this happens at the time of publication of the trademark in the Trademark Journal and local newspapers as part of the registration process. In case of a challenge, the necessary process is required to be followed before an application can be finally successful.