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Trademarks Registration

Trademark Registration Service in Dubai | Intellectual Property Registration UAE

The Government of the UAE has taken commendable steps to put in place robust trademark registration laws. Trademarks in the UAE are well protected by Federal Trademark Law No. 37 of 1992 (amended by Federal Law No. 8 of 2002) (“Trademark Law”). The Trademark Registration Law contains a range of provisions outlining the procedural steps required to register a trademark and the penalties for breach. An Intellectual Property Registration is used to distinguish the goods and services of one trader from those of another; to put it simply, a trademark could be a word, phrase, signature, drawing, symbol, hallmark, stamp, vignette, logo, picture and/or aspect of packaging that is unique to an organization.  Once your trademark becomes an asset, it may become a target for competitors in the region. It goes without saying that foreign companies should register their trademarks to acquire their rights and protect them. Registration of trademarks in the UAE is accomplished by means of an application to the Trademark Section of the Ministry of Economy and Commerce. By investing in such protection, a company will obtain exclusivity over the rights, which means being able to protect others from using the same right. The Federal Decree Law No. 36 of 2021 issued on 20-09-2021 on Trademarks ensures that trademarks in the UAE are effectively protected. The process of Intellectual Property Registration in UAE involves the following steps:

  1. Filing an application:The applicant must file an application with the Ministry of Economy, providing details of the mark, the goods or services for which the mark will be used, and the class of goods or services to which the mark belongs.
  2. Examination of the application: The Ministry of Economy examines the application to ensure that it meets the legal requirements for registration.
  3. Publication of the mark:If the mark is found to be eligible, it will be published in the Ministry’s Bulletin for opposition purposes. If no opposition is filed within a specified period, the mark will be registered, and the applicant will receive a certificate of registration.

Once a trademark is registered, it is essential to protect and maintain it. The following are some ways to ways to protect and maintain a Trademark Registration:

  1. Use the trademark: Regular and consistent use of a trademark is critical to maintaining its protection in the UAE. Failing to use the mark for an extended period may lead to its cancellation or removal from the register.
  2. Monitor the marketplace: It is crucial to monitor the marketplace regularly for any Trademark infringement. Regular monitoring can help identify potential infringers and allow for prompt legal action to prevent further infringement.
  3. Renew the trademark: In the UAE, trademark registration is valid for ten years and renewable for similar periods. It is essential to renew the trademark registration before it expires to avoid any loss of rights.
  4. Record the trademark with Customs: Recordation of the trademark with the UAE Customs can help prevent the importation of counterfeit goods that may infringe on the trademark.
  5. Take legal action against infringers: If a trademark owner believes their trademark has been infringed, they may seek legal remedies through the UAE courts. Legal remedies available for trademark infringement include an injunction to prevent further infringement, damages for any losses suffered, seizure and destruction of infringing goods, and criminal prosecution in cases of willful infringement.
  6. Use the appropriate trademark symbols:The use of the appropriate trademark symbols, such as ® or ™, can help notify others that the mark is protected and owned by the trademark owner.
  7. Educate employees: Educating employees on the importance of trademark protection and the proper use of the trademark can help prevent unintentional infringement and misuse of the mark.

If a trademark owner believes their trademark has been infringed, they may seek legal remedies through the UAE courts. The following are some legal remedies available for trademark infringement:

  1. Injunction: A court may issue an injunction to prevent further trademark infringement.
  2. Damages: A court may award damages to the trademark owner for any losses from infringement.
  3. Seizure of Infringing Goods: A court may order the seizure and destruction of infringing goods.
trademark registration

Criminal Prosecution Trademark Consultation

 In cases of willful trademark infringement, a criminal Protecting and maintaining a trademark is critical to the success of any business in the UAE. Working with a trusted and experienced trademark registration agent in UAE such as Musaab Ali Alnaqbi Advocates & Legal Consultants in Dubai can provide various benefits for businesses and individuals seeking to protect their trademarks. Musaab Ali Alnaqbi Advocates & Legal Consultants in Dubai is a leading trademark agent in the UAE with years of experience and expertise in trademark registration, maintenance, and protection. Their team of trademark registration professionals can assist in conducting trademark searches, filing trademark applications, responding to office actions, renewing trademark registrations, monitoring trademark infringement, and enforcing trademark rights.

By working with Musaab Ali Alnaqbi Advocates & Legal Consultants, businesses and individuals can ensure that their intellectual property registrations are protected, maintained, and enforced effectively. It enables them to continue differentiating their products or services in the marketplace and build a strong brand reputation. Working with a trusted and experienced trademark agent in the UAE such as Musaab Ali Alnaqbi Advocates & Legal Consultants in Dubai can provide various benefits for businesses and individuals seeking to protect their intellectual property registration. Musaab Ali Alnaqbi Advocates & Legal Consultants in Dubai is a leading trademark agent in the UAE with years of experience and expertise in trademark registration, maintenance, and protection. Their team of trademark registration professionals can assist in conducting trademark searches, filing trademark applications, responding to office actions, renewing trademark registrations, monitoring trademark infringement, and enforcing trademark rights.

 

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How long does the trademark registration process in Dubai typically take?

Trademark registration in UAE will be reviewed by the Ministry of Economic Development after it has been submitted. Once the registration is complete, you must be meticulous and precise, since any incomplete or inaccurate material can result in your implementation being denied. Candidates can, nevertheless, challenge revising their applications if this occurs. If there are no concerns with your registration, the Ministry of Economic Development will usually approve it within 30 days. Upon approval of the application, it will be notified in the Ministry of Economy bulletin. Moreover, two newspaper publications must be at the expense of the applicant. For objections to be raised on the registrations, the Ministry provides a window of 30 days. An additional 15 days to submit clarifications on the objections raised.

What happens if someone infringes on my registered trademark in Dubai, UAE?

Trademark infringement refers to the unauthorized use of a trademark or a service mark. The law provides several remedies for trademark infringement, including civil and criminal penalties such as fines, imprisonment, and damages. The owner of the trademark may file a lawsuit against the infringer and seek compensation for any damages incurred due to the infringement. Two types of aspects are coming under trademark infringement:

1) Intent of the infringing party, and.

2) Psychical which takes place with the offering, holding, or selling with intent on selling product or services that infringe a trademark owner’s right.

Criminal complaints may be filed by the trademark holders or owners, or the authorized representatives in initiating the enforcement actions. Thereafter, a Public Prosecutor will be proceeding the case before the Court.

Can I register an international trademark in Dubai, UAE?

In the UAE, Trademarks are registered under a ‘class’ system. Each trademark class covers different products and services. There are 45 international classes, and it is possible to register trademarks in 44 classes in the UAE. For the registration of a trademark in each class, a separate application is required.

Once the Ministry receives the request electronically via link, the Ministry endorses the request and sends it to the WIPO directly to give it to the States to be registered therein.

Can private individual be right holder (owner) of trademark in UAE?

As an owner of trademark (according to United Arab Emirates Federal Law No. 37 of 1992 On Trademarks) could be registered only legal entities (companies and organizations).

How can I loose my Trademark?

The trademark certificate will be automatically canceled in case of liquidation of the right-holder company. There is no need to receive a court decision for the cancellation of the trademark certificate. As per the United Arab Emirates Law, a concerned court shall, on a request from any interested party, order the invalidation of Trademark certificate registration if it is proven that the trademark has not been practically used for 5 years.

What is the difference between a Tradename and a Trademark?

The tradename is the official name of the business. A trade name, trading name, or business name is a pseudonym used by companies that do not operate under their registered company name. The term for this type of alternative name is a “fictitious” business name. Registering the fictitious name with a relevant government body is often required. A trade name is also called a DBA (doing business as) name. A good example of this is Walmart. Walmart’s legal business name is Wal-Mart Inc., but its trade name is just Walmart—that’s the name it uses on its advertising and website, and what most people refer to it as.

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors. The word “trademark” can refer to both trademarks and service marks. Types of trademarks include Brand names like Apple, McDonald’s, and Dolce & Gabbana. Product names like iPod and Big Mac. Company logos like the golden arches at McDonald’s and NBC’s peacock logo.

Do Someone need a trademark Attorney to file a trademark application?

The process is not as simple and straightforward as it might seem online. It is easy to make mistakes that may cause someone’s application to be delayed or denied.

You cannot revive it or recoup the filing fee if your application is ultimately denied. An alternative to hiring a local Attorney is to work with a trademark filling company, preferably one that has been around a while and so has both experience and a strong reputation.

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