Trademark Registration Overview
A trademark is a form of IPR which can be a recognizable insignia, phrase or any other symbol that indicates the source of the goods or services and distinguishes them from others in the industry. McDonald’s, KFC, Google, Microsoft, Apple, GE, Vodafone & Boeing are finest examples of the Trademarks. At the time of purchasing good or hiring the service the Trademarks serve as an information shortcut for consumers, the consumer by virtue of that trademark exactly knows the source of the product or services.
It is one of the most valuable intangible assets which are widely ignored and unrealized asset by the 90% of the small scale businesses, however, the big companies realizing the significance of Trademarks go to great length for the creating, investing, protecting and capitalize on the same to their advantage. To maximize the value of this intangible asset, the trademarks laws in UAE ensures the exclusive rights of trademark owner/proprietor and protect the trademark against the unauthorized use of the trademark without the prior authorization of the owner.
To avail benefits of a trademark and guard it against the unauthorized use by a third party the UAE law requires the Registration of the Trademark as per the requirements laid down under the law. One time registration of a trademark secures the trademark for a period of ten years in UAE and after the lapse of ten years requires the renewal. Trademark registration protects the registered trademark against the use of identical, or so similar as to be confusing trademark owned by someone else and in case of infringement of a registered trademark the UAE law provides for the multiple penal actions for the enforcement of Intellectual Property Rights of the Owner of a right.
Types of Trademark:-
- Word Marks: – The mark is placed on certain products to distinguish it from the other similar products.
- Device Marks: – Logos and labels as well as words in special form are used to distinguish it from the other similar products.
- Shape Marks: –The 3-Dimensional shape of a product or packaging can be registered
- Collective Trademark:– The mark is used to distinguish the products or services of facilities belonging to a certain entity that has a legal character.
- Colour Marks:– Sometimes single colour or combination of colours can also be registered as a trademark. The catch is that people recognize a certain product or service by its colour.
- Control and Inception Mark: – Those are the marks owned by legal persons for the sake of controlling and examining the products or services regarding their source or the elements of composition or the method of production and its quality.
Trademark being the identity of a business or corporate entity is a valuable asset. ADAM Global provide guidance and professional advice for safeguarding the trademark of our clients and acquainting them with their rights, privileges and obligations emerging out from the ownership of the trademark. We also offer services such as brand name selection, clearance search, mottos, symbols and packaging.
Our lawyers are efficient with the procedures for registering of trademarks with the relevant authorities within the United Arab Emirates & GCC countries to enforcement of one’s trademark in the court of law. We also provide professional services to individual and corporate bodies in identifying counterfeit products, amicable dispute resolution, enforcement of rights, resolving electronic trade mark matters, arranging franchise, investigation to uncover unlawful practices e.g. unfair competition, breach etc.
We offer services that vary from registering Intellectual Property to the enforcement of your rights against the world of infringers. Our services are not only limited to single jurisdiction but it is provided worldwide. ADAM Global provide best service to our clients & taking care of all follow up from government department involved in the TM registration. The detailed information about the procedure & required document for the TM Registration is as follows:
Initially search is conducted in relevant class of goods and service. If the mark is available for filing application is filed mentioning detail description of goods and services as per relevant classification. After filing application, it is numbered and dated. Thereafter the file is examined by the Examiner of Trade Marks who examines the application with already existing trademarks and requirements under the law and if no objection on the part of the examiner the same is accepted for publications. After acceptance of application by the Registrar of Trade Marks it is published in Trade Marks Journal and local Arabic Newspapers. There is 30 days period for any interested party to file Opposition against the published Trade Marks. In absence of any opposition, the published trademark will proceed to registration and the certificate of registration will be issued.
The Registration of Trade Marks is valid for 10 years from the date of filing and further renewable for other consecutive periods, each of which is 10 years.
Application for Renewal should be submitted during the last year of the protection period. There is 3 months grace-period for late renewal upon payment of fine. (Renewal is to be published in the Trademark Journal).
Trade/Service mark Use:
Use of maybe not a pre-requisite for registration in every jurisdiction across the globe, however, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used for five consecutive years.
Advantages of Trademark Registration:
Registration protects a company’s name or logo, which is often a company’s most valuable intangible asset
The trademark owner receives exclusive nationwide and sometime regional ownership of the mark
Registration decreases the likelihood of another party claiming that your trademark infringes upon their trademark
Registration provides official notice to others that a trademark is already taken; consequently, a company that later adopts a confusingly similar trademark cannot claim ignorance of the mark
The trademark owner obtains the future right to make the mark “incontestable,” which provides conclusive evidence regarding the validity of the mark and of the registrant’s exclusive right to use the mark
The trademark owner obtains the right to put a , after the mark, alerting others to your registration and preventing the defence of innocent infringement;
The trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark; and
3. Greater Remedies
Registration grants the trademark owner the right to recover up to triple damages and attorney’s fees from an infringer
The trademark owner receives the presumption of being the valid owner of the mark;
A registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name
The trademark owner has an automatic right to sue in court.
Document Required From Client:
- Name of the applicant company, with address and copy of trade license.
- A Power of Attorney duly notarized.
- Soft copy of Trademark.
- Passport Copy of person signatory on behalf of Company.
- In case of claiming priority, a certified copy of the corresponding home or foreign application duly legalized from relevant consulates.