Trademark Advisory and Registration:
Speaking of Trademarks as per the Federal Law No. 37 of 1992 on Trademarks as amended, a trademark is 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 or trading. The voice accompanying a trademark is considered a part of it.
There are enormous benefits of having a trademark registered and the inclusives are efficient protection to one’s brand by restricting the use of one’s mark by others; being a marketing tool to grow one’s brand and setting apart from the competitors; making money by providing authorization to others to use the trademark for a licensing fee; suing someone for using or copying one’s trademark without authorized permission; creating goodwill and much more.
Some of the of trademarks that can be registered are as follows:
· Shape marks,
· Sound marks,
· Pattern marks,
· Certification marks,
· Collective marks,
· Service marks,
· Product marks.
A registered trademark will remain valid ten (10) years following its successful registration. In the UAE, validity of a registered trademark can be extended provided the additional fees are paid. The competent Authority to register trademarks in the UAE is the Ministry of Economy. To register a trademark, customer can submit an online application via the ministry’s website.
Some of the documents that would be required to register a trademark are as follows:
· Trademark logo
· A copy of the commercial license
· Power of Attorney
· Priority document
· Passport copy
· Other attachments
According to Federal Law No. 37 of 1992 on Trademarks as amended, the following persons can register their trademarks:
· The UAE citizens and natural and artificial persons practicing any commercial, industrial, professional or service business
· Foreigners and natural and artificial persons practicing any commercial, industrial, professional or service business
· Foreigners and natural and artificial persons practicing any commercial, industrial, professional or service business in any country on basis of reciprocity
· Other artificial persons.
The following are among the documents required for registering a trademark in the UAE:
· Soft copy of the trademark image in black and white.
· Copy of the applicant’s Certificate of Incorporation (for corporate applicants only)
· Copy of the applicant’s passport
· Certificates of trademark registration
· On the other hand, if registered in any other countries, legal translation of the wordings which might be included in the trademark certificate.
The procedure for making an application for registering a trademark starts with an application for an initial search that must submitted to the Trademark Registration Office. Similarly, the initial investigation will be conducted in order to see if the trademark was registered before or not. If not then an application with all the required documents is made, including the image of the targeted trademarks & application form. The stipulated fees must be paid. Following this the Trademark Registrar Office will publish the application to register the trademark in two local newspapers. Any interested party may file a notice of opposition to the registered trademark within 30 days from the date of publication. The Registrar’s decision about the opposition may be appealable to at the ministry committee. Similarly, the committee’s decision may be appealable to the competent court. It usually takes the Ministry of Economy, 30 days to decide if the application is approved or not. On approval of the application, it is notified in the Ministry of Economy bulletin for objections to be raised on the registrations approved. For raising the objections, the ministry provides a window of 30 days. Moreover, an additional 15 days are allowed to submit clarifications on the objections that are raised. After all the scrutiny and in cases of no opposition the proposed trademark will be registered and a registration certificate for the same will be issued.
After a trademark registration’s validity is over, one has three months from the date of expiry to renew the registration. However, for each month that is delayed for the trademark renewal in the UAE a fine would be levied.
We can hereby assist you right from the first step of procedure of registration until its approval and also take care of the obstacles and queries that arise in the form of objections.