In this article, we will list key reasons why there is a need for you to undergo trademark registration in UAE.
Provides legal notice to the public
Registration with the UAE Ministry of Economy puts others on a legal constructive notice on the fact that you hold the rights to a mark. Constructive notice can be valuable when someone else attempts in utilizing a mark that’s confusing as it is similar to yours. The entity that attempts in committing trademark infringement can be taken up to court and there is no need to provide evidence that the infringer received actual notice regarding the ownership of the mark.
A letter for cease and desist with references to the mark registration can be powerful in stopping an offender from making sue of your mark. Essentially, a trademark registration process that is completed successfully will prevent others from outright stealing and diluting your brand. Trademark registration in UAE also helps in preventing others from utilizing a domain name over the internet that may be confused by consumers or clients as yours.
Offers stronger protection
A trademark that has been registered can be declared as incontestable if the trademark holder undergoes a certain process. Basically, the mark’s exclusive use is established in court. A trademark registration that is done right and with the help of experts can allow you in collecting attorney fees and damages if you prevail.
It is true that an unregistered mark still gets common law protection; however, this can lead to litigation when a business with a deeper pocket seeks to utilize the mark that you have been using for years. This is also risky as you would have to prove to the court that you have rights to the mark.
Increases business value
Technological advancements such as the internet has made it extremely competitive to operate in any industry. Utilizing a mark can help your business by offering clients and customers a way for recognizing your goods/services. In addition, a registered mark can be considered as an asset of the business that has its own value.
If there is a chance that you may sell the company in the future, having a mark that was registered will add legitimacy onto the business.
What to Register
Generally, it is possible to register a mark for any word, name, symbol, or combination of any of the three that you wish in using to distinguish or identify products/services that you sell. For a mark that’s used in identifying a service, it is called a service mark. Other features of goods/services can also be protection such as packaging or product color. Attributes are referred to as trade dress and may be registered as well. If the features are functional in nature; however, they won’t be given any protection. For instance, it is not possible to register a shape of a bottle that makes it easy in holding the said bottle.
It's an excellent idea to register a mark in order to protect a business against a lawsuit for infringement, add value onto the business, and put competition and public on a notice for the rights of the brand. Trademark protection also strengthens a mark’s legal protection. The investment required in registering a mark in UAE is minimal in comparison to the costs associated to not registered.
When it comes to when the best time is in undergoing trademark registration in UAE, the answer is as soon as you possibly can for the reasons we stated above. A business owner has to start exploring the process for trademark registration even before the business has been formed. It's costly to be involved in litigation if you accidentally commit infringement on another entity’s trademark rights.
How to register a mark in UAE
Information surrounding the registration process for a trademark can be found here. It is necessary to conduct a trademark search prior to submitting an application for trademark registration in UAE with the Ministry of Economy in order to make sure there isn’t any other mark that is similar or identical to yours which is protected by the Intellectual Property legislation in the region.
Also, it is advised to seek the help of an expert specializing in trademarks so the process has an increased likelihood of getting completed successfully. Click here for more details.