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Trademark Explained
A trademark means a unique sign or mark which represents a business and gives it a distinctive identification from others. Any of the following things or, even a combination of them, could be registered as a trademark – word, name, signature, picture, symbol, shape, color, seal, design, slogan, advertisement, or even packaging labels. It also builds the credibility of that business as it gives assurance to consumers, investors, and experts about certain quality levels. Businesses should register trademarks that can be easily associated with the products and services of the company. Trademark enables the business to gain additional financial benefits from its commercial use.
Typically, the trademark is associated with brand names and logos e.g., names like Adidas, a logo like McDonald’s, or a slogan like “Think Different”. However, there are other forms of intellectual property that need to be protected by companies like:
- Copyrights – This is usually done for things like computer software or any creative work like a new book, a song or a film, etc.
- Patents – This is used to secure new and inventive methods, technology, ideas, inventions, or processes.
- Industrial Design Rights – It constitutes the aesthetic aspect or ornamental aspect of an article. It includes three-dimensional or two-dimensional features like shape, lines, color, or pattern.
Benefits of Registering Your Trademark
Unique Identity
It protects the unique identity of your business
Exclusive Rights
You get to own the exclusive rights to your brand names, slogans, and logos
Infringement Protection
Ends imitation by prohibiting others from using similar marks or signs
Credibility
It increases the credibility and brand value and makes it an asset that can be sold, franchised, or licensed
Don’t wait for 10 months for your trademark to get registered.
With our Premium Service, you will receive the UAE Trademark within 3 months!
Trademark Registration in the UAE
The best thing you can do to protect your brand in the UAE is to get your trademark registered. Trademarks in the UAE are protected by Intellectual Property Rights Law. To apply for a Trademark Registration, you should have a registered legal entity of any form: Freezone Company, LLC, Mainland, or any other type of UAE company.
The UAE has developed a large, and comprehensive body of law and regulation to protect intellectual property rights, as a part of its drive to become a global business hub. Local and federal authorities respect the importance of preventing intellectual property infringements such as counterfeiting. The UAE legal range of international treaties and local regulations relating to trademarks include:
- Federal Law No. (37) of 1992 Concerning Trade Marks
- Federal Law No. (31) For The Year 2006 Pertaining To The Industrial Regulation And Protection Of Patents, Industrial Drawings, And Designs
- Madrid Agreement Concerning the International Registration of Marks (as amended on September 28, 1979) (Official translation)
- Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (as amended on November 12, 2007)
The trademark law intends to safeguard the interests of businesses as well as consumers.
It covers all the main areas like:
- What can be defined and registered as a trademark
- Procedures of both registration as well as cancellation of trademarks
- Ownership transfer of trademarks
- Procedures of trademark licensing to others
- Trademark infringement law penalties, transitory and general provisions
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Process of Trademark Registration in the UAE
Trademark Registration is relatively a bureaucratic process in the UAE, but any company can get itself registered with a permitted trademark. The estimated timeframe for the registration of a trademark in the UAE takes from 4 to 6 months. Once registered, the validity term of a trademark is 10 years, subject to renewal post that period for a fee. Given below is the step by step process which is followed for Trademark Registration.
Trademark search
The first step to start your trademark registration process is to search the Trademark Registry and making sure that the trademark you want to register or something too similar is not already being in use by some other company. This is a very important step before you file a trademark application in the UAE, as this may prevent your trademark from the registration. Additionally, this search examines if your trademark meets the other requirements for registration with the desired trademark office.
Filling of registration application
The application for registration of the trademark is filed at the UAE Ministry of Economy.
The documents required for filing an application for trademark registration in the UAE are:
- Application form
- ID proof or passport of the person who will sign the application
- Contact details of the applicant
- Soft copy of the trademark image which is to be registered in a black and white and digital copy of the logos in jpeg format
- Description of goods/services to be protected
- Power of Attorney for application filing
- In the case of corporate entities, the applicant’s copy of the Certificate of Incorporation
- Trademark registration certificates of other countries if there are any
- Legal translation of any word included in the trademark
- Confirmation of official fees payment
Approval of application
After submission of the application with the required documents and the applicable registration fees, the Ministry of Economy will review your application for trademark registration in the UAE. If your application is accurate without any wrong or missing information, then the Ministry of Economy will give its decision on the application within 30 days from the date of submission.
Publishing and announcing the approved trademark to the public
After your trademark is approved by the Ministry of Economy, it shall be announced in its bulletin and two Arabic newspapers before the registration, at the expense of the applicant. Any person can object to the published trademark by filing it in written form at the Ministry of Economy within 30 days of the last announcement. Once the objection is received at the Ministry of Economy, the applicant is informed about it within 15 days along with the copy of the objection.
Issuance of the trademark registration certificate
If no objection is raised against the published trademark, then the registration is finalized. Ministry of Economy then provides a Certificate of Registration to the owner of the trademark. The Certificate of Registration includes all the important details:
- Trademark registration number in the UAE
- Trademark application as well as registration date
- Name of the owner or trade, as well as place the owner resides and the nationality
- Copy of the registered trademark
- Complete description of all goods and services that come under the registered trademark
Registering Your Trademark in the UAE and Internationally
Our experts at Protect My Mark offers you an easy cooperation process and personalized customer service you’ll value. We are here to advise and assist you in everything from registration, renewal, assignment, change of name and/or address, and licensing of your trademark. Given below are the things we can help you with:
- A Power of Attorney duly legalized
- Full name and address of the applicant
- Description of goods or services to be covered by the application
- Clear prints of the mark
- Meaning and translation of the mark, if any
All the above documents are required to be submitted to UAE TMO at the time of application filing.
- If required, a duly legalized power of attorney at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- Copy of certificate of registration.
- A Power of Attorney from the assignee duly legalized at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- A Deed of Assignment, signed by both parties, legalized at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- The original Certificate of Registration.
- A Power of Attorney for the change of name and/or address duly legalized at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- A Certificate of change of the name, duly legalized at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- The original Certificate of Registration.
- A Power of Attorney from the licensee duly legalized at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- A copy of the License Agreement duly legalized at the Notary Public or the UAE Consulate in the applicant’s home country in case the applicant is not a UAE resident.
- The original Certificate of Registration.
How We Make the Process Convenient and Hassle-Free for You
With our expertise and personalized customer service, we make the process simple and easy for you. We make sure that your trademark meets all the legal requirements, and we develop the highest level of structures for the protection of your intellectual property objects. In just 3 easy steps, we can get your trademark registered in the UAE or other countries:
Fill our online questionnaire
Complete our simple online questionnaire. After getting complete details from you, our trained IP-Experts will conduct a trademark search for potentially conflicting marks that may prevent your successful trademark registration.
Ensuring the application is accurate and complete
We examine your trademark application to ensure the accuracy and completeness of the same. We will email or call you if we have any questions or require extra information before submitting your application.
Registration process
We submit your application to the local or international Trademark Office for registration. Once your application has been accepted, you will receive an official acknowledgement that the application has been filed. In the normal course of events, it can take from 4 to 6 months. However, in the case of objections by the Trademark Office or oppositions by third parties, the registration procedure may take a longer period for the registration to be completed.
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