Registering a Trademark

Suppose you see those golden arches on a highway; what is the first thing that comes to your mind? Similarly, you see three stripes on a pair of shoes; your mind may sway to the popular sport apparel brand. A trademark is an important market identifier for any company. The reason? The symbol (trademark) portrays a significant value to clients, investors, competitors, etc. However, why is it necessary to register trademark in the UAE:

Goodwill:

Trademarks help your brand to develop a certain level of repute in the market. Although this reputation is an intangible asset, the trademark will be the identifier of this goodwill and would represent the quality (and type) of services or products that you offer to the public.

Market Identifier:

While a trademark elevates your company’s market standard, it also helps your potential clients to easily identify your brand’s standards of service.

Uniqueness: a unique trademark will help your company stand out of the crowd and elevate its relevance in the marketplace.

Helps the Company’s Online Platform:

In today’s world, most of our transactions are done on the internet (including purchasing flight tickets, shopping etc.). A reputable trademark will help your brand’s online platform build its ‘web goodwill’ and optimize the inbound traffic.

Protection against IP Theft or Misuse:

A trademark duly registered with the Ministry of Economy (herein referred to as the Ministry) would be protected from infringement as per the existing legislations governing trademarks in the UAE. The owner of such a trademark would also be able to initiate legal action against the other party for claiming compensation and other penalties.

Valuation:

A well known trademark will be of immense value at the time of valuation of a company’s assets. This will help you analyze the value of your brand in the traditional and modern (inline) marketplace when you sell your products and/ or services or in the event that you wish to sell shares, stock etc. in the company.

Protecting your Intellectual Property in the UAE:

Federal Law Number 37 of 1992 on Trademarks (as amended) is the primary piece of legislation governing trademarks in the UAE. This statute stipulates that 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’. A Company that wishes to register their trademark in the UAE should first visit and consult a trademark agent registered with the Ministry. The trademark agent in Dubai would initially request the client to provide the soft copy of the trademark along with a copy of the license (issued by the relevant authorities) for processing the application at the Ministry. Additionally, the following documents may also be requested to initiate the application process:

Passport copy of the authorized signatory of the company;
Priority document(s);
Power of attorney to the trademark agent; and
Any other relevant document(s) pertaining to the registration process.

Thereafter, a trademark search would be conducted and the client would be advised on the particular class in which the trademark should be registered. The Ministry would then review the trademark application form (generally within a period of thirty days) to issue the initial approval. Subsequently, the trademark would be published in the official gazette (journal) and two (2) local jurisdiction newspapers. We would recommend that you choose the right trademark lawyers in Dubai to initiate and assist your business with registering its mark in the UAE to ensure that all the paperwork is filed in order.