A Trademark is a brand name that may include any word, name, symbol, or any combination that is used or intended to be used to identify & distinguish a specific business, brand, product or service of a brand or business.
In the present time, the need to get the registration of Trademark for an artist, inventor, creator, owner, designer, author etc. in particular and any business, in general, has become eminent and vital. Registration of a Trademark for business increases the brand value for the business. Trademark registration is certainly of many advantages, including a legal presumption of ownership and every right to use the mark on or in connection with a product or service.
The term “mark”, “brand” or “Logo” are sometimes used interchangeably with Trademark.
A Trademark could be brand, name, signature, shape, packaging, a specific color or a combination of colors, a mixture of fragrances you made, even a sound of a sort, anything of the above which could be capable of distinguishing your business’ product or brand or your concept.
Registering a Trademark for a company name is pretty easy and only consists of a predefined procedure to follow.
What are the benefits of Trademark registration?
Following are few of the many benefits that are enjoyed by the Trademark owner
- Protection of the brand by restricting the use of the Trademark by others.
- Capture of the maximum value of the business.
- Use of the registered mark as a marketing tool and eventually the growth of the business.
What is a Trademark class system?
Trademark is registered under different classes of a NICE classification system in the UAE. Almost all the goods, products or services that can be produced or delivered are categorized under 45 categories. Each Trademark class pertains or relate to a different product or service and shall offer the protection in the particular class.
There is no multiclass filing in UAE and for each class or category, a separate application is required for registration of Trademark. However registration of Trademark in all categories may not be cost effective and may be unnecessary for the owner of a Trademark to register mark in each class, also, not every class registration is necessary for a specific mark as the same may not be relevant to the goods or the services offered by the applicant. Hence, choosing the proper class for your brand, service or product is critical and cost-effective. We, at Dubai Business advsiors, take this responsibility in advising on how to protect your Intellectual Property Rights or what should be the correct strategy to how to beneficially exploit and commercially harvest your Intellectual Property.
Various spheres of Intellectual Property?
Trademark registration is only one form of Intellectual Property rights protection and this is typically associated with logo and brand names. The other forms of protection of Intellectual Property by companies and businesses are:
- Patent: Patents are the protection rights granted by the state for new inventions. Patents are granted for the use of new technology, inventions, and processing methods.
- Copyright: Copyrights are the rights granted by the state for the creation of for literary, artistic, dramatic and musical works or computer software.
- Industrial Design: Industrial designs protection is granted by the state for the use of unique shapes, patterns or ornamentation.
The process of Trademark registration in UAE
ADAM Intellectual Property aims to deliver quality, cost-effective and transparency in its services. The registration procedure of a Trademark is easy and quick in UAE, the application process consists of the following events:
- The application for registration of the Trademark is filed at the Ministry of Economy.
- The Ministry of Economy’s decision of the file is received within 2-4 months from the date of submission.
- If the ministry approves a Trademark, it shall be announced in its bulletin and 2 local newspapers before the registration at the expense of the applicant.
- Any interested person can file an objection by submitting a written objection to the ministry of economy within 30 days of the announcement. If anyone files an objection, the ministry of economy notifies the applicant with the copy of the objection to his application within 15 days of the objection.
If there are no objections to the application, the registration is finalized and the owner of the Trademark is given a certificate which holds:
- Registration Number in UAE
- Date of application
- Copy of Trademark, the name of the applicant or the company
- Description of the product, brand, name, logo which has been registered as a Trademark.
The estimated timespan for the entire registration process is 6 to 8 months however the time duration for registration may vary from case to case.
Requirements for Trademark registration
Department of Economic Development (DED) Dubai is responsible for the registration of Trademarks in UAE. Any individual or business who need to use Trademark to distinguish their products or services may apply for registration in accordance to the laws set by the government of UAE for Trademark registration.
The requirements for filing the Trademark applications are as follows:
- Power of attorney.
- Logos in a JPEG format (colored and black and white)
- Trade license copy
- Copy of passport, Emirates ID, Visa and residency of the owner.
Duration of registered Trademarks in UAE
In the United Arab Emirates registered Trademarks are valid for 10 years’ period which starts from the date of filing the application and could be renewed every 10 years. Trademarks protection is perpetual in nature and shall stay in effect for decades if maintained properly.
“Shanavas is an Intellectual Property Expert and has an experience of more than 5 years in the field of Intellectual Property Protection and Prosecution. He is registered with the Delhi Bar Council and Bar Council of India and is based in Dubai, United Arab Emirates and work as an IP Consultant with a boutique IP and Corporate Consultancy Firm. Shanavas has managed the Trademark portfolio of various Private and Government undertakings in GCC and numerous multinational business organizations from across the globe which hails from different sectors. Shanavas has rich experience with key legal issues along with wide knowledge of legal concerns related to Intellectual Property Rights, Contracts, Business Laws, Incorporation Laws and rules related to due diligence. He can be directly contacted at:
+971 50 911 05 16 or at [email protected]