Trademark is usually referred to a brand, logo, names, symbols, devices or words/phrase related to products, sign, design or expression or combination thereof. It’s a way to notify the general public the registrant’s right of ownership of the mark and to indicate the public the aim of distinguishing the product from that of other similar companies/products in the market. In simple words, it’s like a visiting card which promotes the image of the company and the range of Goods and services
Trademark gives the owner, an exclusive right to prevent others from using the mark for similar products which might confuse the general public, but does not mean that it prevents others from selling similar goods with a different mark.
When someone claims that his/her product/brand is trademarked, he/she is allowed to use the mark “TM” on the upper right corner or bottom right corner of the word, phrase, etc. Generally, the word “TM” is superscript or subscript.
The symbol “®” indicates federal registration and is used only after the TMO registers the mark. In other words, the symbol “®” should not be applied when the application is pending with the TMO.
Advantages of Registering a Trademark
It gives a nation-wide protection (Covers 7 Emirates in UAE) to the company or an individual, which is a most valuable asset
It eliminates the chances for others to claim the Trademark as their mark provided you register and claimed first.
It provides conclusive evidence on the validity of the marks.
It can become the basis for obtaining registration in foreign countries
Term for Trademarks
UAE Trademarks can be valid for ten years with ten years of the renewal term, provided the holder of the trademark continues to use it
Steps for Trademark Registration
1. Availability Search about Current Trademarks
Before registering a trademark, the first step is to for a UAE trademark search to know if the trademark is already registered/filed or not.
2. Filing Trademark Application
The application to register a trademarks in UAE are made to the Trademark Department of the Ministry of Economy. You would require the following documents while filing for registration, after acquiring the necessary documents, will be required to pay a trademark application fee.
• Power of Attorney (Notarized from UAE Courts/Legalized by UAE consulate)
• Trading License
• Contact Details of Applicant
• A Sample of Trademark (Logo)
• ID or Passport of Authorized Signatory
• List of Goods and Services to be Protected
3. Examination by the Ministry
After the payment is made, the MOE will evaluate application whether the trademark is substantively registrable. If there no antecedent identical or confusingly similar trademarks have been previously filed or registered, the MOE will approve the trademark application within 30 – 90 days.
4. Publication Stage
After the approval, the Ministry will publish the Trademark in Government Gazette. Publication begins a 30-day period during which any member of the public who thinks they'll be harmed by the registration of your trademark may oppose it.
5. Final Registration
If there is no objection against the trademark at the specified time, the Ministry of Economic will issue registration certificate after paying final registration fee. This would include the registration number, date of the application, name of the business and the owner's name, your trademark and the description of your product, goods and services that are categorized under it.
The Trademark registration in UAE will cover protection in all seven Emirates in UAE.
If there is no objection against the trademark at the specified time, the Ministry of Economic will issue registration certificate after paying final registration fee. This would include the registration number, date of the application, name of the business and the owner's name, your trademark and the description of your product, goods and services that are categorized under it.
The Trademark registration in UAE will cover protection in all seven Emirates in UAE.
Who is eligible to apply for trademark registration in UAE?
2. UAE Company/Business
3. Foreign Company
The renewal application should be filed within the last year of the valid protection period. . A Three (3) months grace period after the expiry of the valid protection period is granted for filing late renewal; however it is subject to late penalty fees.
GCC Trademark Registration
International trademark registration (Madrid Protocol)
Using WIPO's Madrid System, you can file one international trademark application to secure trademark protection in all or any of its members (Covers 125 Countries), in one language and with one set of fees. And, you can track the status of your application as it moves through the examination process.
Amend Trademark Owner Information
Through this service, the customer can submit a request for changing the name, title, occupation or nationality of the owner; or his chosen domicile for correspondences and documents relating to registration.
Transfer Trademark
This service allows the customer to transfer ownership of a trademark - with all rights thereof - from one owner to another.
License use of Trademark
This service allows the trademark owner to license to a person or more, the use of the trademark for all or some of the products or services for which the trademark is registered
Responding to an Objection against the Acceptance of Trademark Registration
This service allows the customer to submit an application for responding to an objection against accepting the registration of a trademark, within thirty (30) days from the date of the latest announcement.
Objection to the Acceptance of a Trademark Registration
This service allows the customer to submit an application for the purpose of objecting to the acceptance of the registration of a trademark within thirty (30) days from the date of issuing the trademark official bulletin.
Grievance Request Against the Department’s Decision Regarding a Trademark
This service allows the customer to file a grievance against a decision issued by the department regarding a trademark.
Cancel Trademark
This service allows the owner of the registered trademark or his legal agent to submit a request for cancelling the registration of a trademark, for all - or part of - the goods, products or services registered.
Trademark Recording with UAE Customs
The customs departments of Dubai, Abu Dhabi, Sharjah, Ajman,Umm Al Quwain, Fujairah and Ras Al Khaimah allow the brand owners to register their trademarks. Through the recording service, the Customs Department maintains a database for the intellectual property rights of the trademarks previously registered with the UAE Trademark Office.
The Customs officials have the legal right to inspect any consignment that arrives at the port to ensure that it complies with the regulations. If the officials find any goods that are suspected of infringing the trademark, the officials will notify the Trademark Owner with the recording of trademarks at the Customs Department.
The officials can hold the suspicious good for 3 working days from the date of notifying the Trademark Owner. The trademark owner can inform the officials whether the detained goods have infringed his Intellectual property rights. The brand owner can also inform that whether he would like to file a complaint against the goods that infringed his trademark rights.
Trademark Infringement
A Trademark is said to be infringing if someone uses a mark which is identical or confusingly similar to the one which already exists in the market. It’s a violation of exclusive rights owned by the owner of registered Trademark, without the authorized use or taking licenses.
Passing off is a law of tort for enforcing unregistered trademark rights. It prevents an individual/firm/organization from falsely representing their goods or services as that of others.
The owner of a registered trademark, pursuant to the law, to submit a complaint against any person who forges or mimics the trademark, in a manner that misleads the public - insofar as the goods or services - for which the original trademark stands.
There are following ways to deal with a situation wherein you find out that someone else is infringing your registered trademark.
1. Cease and Desist Letter
The trademark owner can send a legal notice to the person whom the owner thinks is copying his trademark. It’s a Cease and Desist Letter practically informing the other party that they should stop their illegal actions (using someone else’s trademark) and not do it again in the future.
2. Administrative Complaint in MOE
If the party who allegedly infringe the owner’s trademark, the latter can register a case to the Ministry of Economy, wherein there is a department or a committee that handles this kind of cases to reach an amicable solution.
3. Administrative Complaint in DED
The intellectual property protection department (DED DUBAI) works to protect the owners of registered trademarks and agencies where the concerned party can lodge a complaint of trademark or agency infringement. The department studies the case and takes the necessary measures.
4. Court of First Instance.
If the judge of the committee has settled on a decision and the party that is claimed to be infringing the complainant doesn’t agree with the decision, the case will be raised to the competent court. In the event that in the first stage of the court the judge has reached a ruling and the other party still doesn’t think it is a fair decision, he can file an appeal and the case will be raised to the Court of Appeal.
Amazon Brand Registry
Amazon Brand Registry helps you protect your intellectual property, manage your listings, and grow your business, regardless of whether you sell in Amazon store – for free.
Eligibility for Amazon Brand Registry is that, your brand must have an active registered trademark in each country where you wish to enroll or have a pending trademark application Brand Registry is also accepting brands that have a trademark pending registration in a subset of trademark. The trademark for your brand must be in the form of a text-based mark (word mark) or an image-based mark with words, letters, or numbers (design mark).
Amazon currently only accept trademarks that have been issued by government trademark offices in the United States, Brazil, Canada, Mexico, Australia, India, Japan, France, Germany, Italy, Turkey, Singapore, Spain, Netherlands, Saudi Arabia, the United Kingdom, Egypt, Sweden, Poland, Belgium, the European Union, and the United Arab Emirates
