FAQ for Registration of Trademark in Dubai
F.A.Qs Trademark Registration Consultant
1.What is a trademark?
A trademark includes any word, name, symbol, or device, or any combination, used,
or intended to be used, in commerce to identify and distinguish the goods of one
manufacturer or seller from goods manufactured or sold by others, and to indicate
the source of the goods. In short, a trademark is a brand name.
2.What is a service mark?
A service mark is any word, name, symbol, device, or any combination, used, or intended
to be used, in commerce, to identify and distinguish the services of one provider
from services provided by others, and to indicate the source of the services.
3.What is a certification mark?
A certification mark is any word, name, symbol, device, or any combination, used,
or intended to be used, in commerce with the owner’s permission by someone
other than its owner, to certify regional or other geographic origin, material,
mode of manufacture, quality, accuracy, or other characteristics of someone's goods
or services, or that the work or labor on the goods or services was performed by
members of a union or other organization.
4.What is a collective mark?
A collective mark is a trademark or service mark used, or intended to be used, in
commerce, by the members of a cooperative, an association, or other collective group
or organization, including a mark which indicates membership in a union, an association,
or other organiza.
Other forms of intellectual property
People occasionally confuse trade-marks with copyright, industrial designs, patents
and integrated circuit topographies. These are rights granted for intellectual creativity
and are also forms of intellectual property. However:
• patents cover new inventions (process, machine, manufacture, composition
of matter), or any new and useful improvement of an existing invention;
• copyrights provide protection for literary, artistic, dramatic or musical
works (including computer progams), and three other subject-matter known as: performance,
sound recording and communication signal;
• industrial designs are the visual features of shape, configuration, pattern
or ornament (or any combination of these features), applied to a finished article
integrated circuit topographies refer to the three-dimensional configuration of
the electronic circuits embodied in integrated circuit products or layout designs.
Why register a trademark?
A registered trademark gives the exclusive use of that name, providing its owner
-To create "Trademark Value" (Goodwill), an active intangible for the
-To offer licenses and franchises.
-To be differentiated from competitors.
-To be protected from third parties using an equal or similar name, exercising the
legal actions that correspond.
-To protect the Internet domain name.
-To impede others attempting to register similar trademarks.
-To have priority over third parties wanting to register their trademarks, in countries
which do not require registration.
Because we have a team of qualified professionals, which allows us to assure you:
-Competent professionals will perform all necessary procedures for the registration
of your trademark.
-You will receive timely information regarding updates to the process
-If objections arise in the registration process (opposition, refusal, etc.), knowledgeable
lawyers will advise you on the appropriate course of action.
-All information provided to us will be kept in absolute confidentiality. View our
What are classes?
When registering a trademark you need to specify the products and services that
will be associated with your trademark. The large majority of countries of the world
have adopted the International Classification. This system groups all products and
services into 45 classes -- 34 for products, 11 for services -- permitting you to
specify precise and clear classes covering your trademark. The protection that is
offered to a registered trademark covers only the classes specified at the time
of registration, therefore, allowing two identical trademarks to coexist in distinct
classes. The agencies governments are in charge of the registration of trademarks
for a given class, offering greater protection and greater investment.
How do I know in which class(es) to register?
When you request a Comprehensive Study you are asked to describe how you intend
to use a trademark for your products and services. With this description,we will
recommend to which class(es) to register and what products/services you should include
in each class.
What happens if oppositions arise?
The purpose of the Comprehensive Study is to limit the probability of oppositions
or refusals. Nevertheless, if oppositions arise, We relies on experienced lawyers
that will recommend you the appropriate course of action.
In what countries should I register my trademark?
The protection of trademarks is regional; therefore, it is advised to register your
trademark in the countries where your business is located or where you plan to be
Can I register my domain as a trademark?
Yes, it is possible, and highly recommended that you do that, the reason is that
a registered trademark confers you the rights to use your brand not only in the
“real” world but also over the Internet. So in case a domain name conflict
arises you’ll be in a very strong position to defend your brand.
What if I want to have my mark registered in other countries?
If your products are to be sold in other countries, you may wish to register trademarks
in those countries. A Foreign Trademark Registration is generally acquired on a
country-by-country basis, and trademarks registered in foreign countries do not
affect your registration of the mark in the U.A.E.
If a trademark is already owned or an application has already been filed in the
U.A.E, the owner may file for foreign protection under the Madrid Protocol, rather
than filing in each country separately. Filing under the Madrid Protocol can reduce
costs considerably if more than one foreign registration is sought.
Who can register a trade-mark?
Companies, individuals, partnerships, trade unions and lawful associations may obtain
registration of their marks of identification for wares or services, provided they
meet the requirements of the Trade-marks Act and Regulations.
Five-step examination process
When the Trade-marks Office receives your application, it does the following:
1.Searches the trade-marks records to find any other trade-mark that may come into
conflict with the one you've submitted and, if one is found, informs you of it.
2.Examines the application for compliance with the requirements of the Trade-marks
Act and Regulations and informs you of requirements which are not met by the application.
3.Publishes the application in the Trade-marks Journal, which is issued every month.
4.Allows time for opposition (challenges) to the application. Anyone may, file a
statement of opposition with the Registrar. After considering the evidence filed
by either or both parties, the Registrar decides whether to refuse your application
or reject the opposition. The parties are notified of the decision and reasons why.
5.If no one files an opposition to your application, the mark is allowed. Upon payment
of the $1,362/- registration fee and the filing of a declaration of use in the case
of a proposed use trade-mark application, your mark is registered.
6.How long is certification of a trademark valid?
All recognized trademarks are valid for ten years from the date of filing. Extensions
are granted for subsequent ten-year periods upon renewal.
Can the Office refuse to register a mark?
Yes. The Office will refuse to register matter if it does not function as a trademark.
Not all words, names, symbols or devices function as trademarks. For example, matter
which is merely the generic name of the goods on which it is used cannot be registered.
The grounds for refusal may be summarized as:
1.The proposed mark consists of or comprises immoral, deceptive, or scandalous matter;
2.The proposed mark may disparage or falsely suggest a connection with persons (living
or dead), institutions, beliefs, or national symbols, or bring them into contempt
3.The proposed mark consists of or comprises the flag or coat of arms, or other
insignia of the United States, or of any State or municipality, or of any foreign
4.The proposed mark consists of or comprises a name, portrait or signature identifying
a particular living individual, except by that individual's written consent; or
the name, signature, or portrait of a deceased President of the United States during
the life of his widow, if any, except by the written consent of the widow;
5.The proposed mark so resembles a mark already registered in the Patent and Trademark
Office (PTO) that use of the mark on applicant's goods or services are likely to
cause confusion, mistake, or deception;
6. The proposed mark is merely descriptive or deceptively misdescriptive of applicant's
goods or services;
7. The proposed mark is primarily geographically descriptive or deceptively geographically
misdescriptive of applicant's goods or services;
8. The proposed mark is primarily merely a surname; and
9. Matter that, as a whole, is functional.
How long does the process take?
Assuming there are no objections to your application, the process takes roughly
four months to one year from the date of filing. Trademark protection begins once
the application is filed.
Registering your trade-mark with the Trade-marks Office protects your rights in
U.A.E only. If you are selling wares or services in other countries, you should
consider registration in each of those countries. Contact a trade-mark agent or
the embassy of the country in question for information on foreign registration.
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