In today’s global market, trademarks are crucial to building brand recognition and establishing business credibility. A strong trademark is an essential asset for any company looking to do business in the United Arab Emirates (UAE). A trademark is a unique symbol or design that distinguishes a business’s products or services from those of others. This article discusses how to choose a strong trademark for registration in the UAE.
Understanding Trademarks
In the UAE, trademarks are protected under the new Federal Decree-Law No. 36 of 2021 on Trademarks (the “New Trademark Law”). A trademark is defined as any distinctive sign that includes any word, design, symbol, name, signature, letter, numeral, color, shape, sound, or any combination thereof used or intended to be used to distinguish goods or services of one enterprise from those of others.
The New Trademark Law sets out the legal framework for the registration, use, and protection of trademarks in the UAE. To be eligible for trademark protection, the trademark must be distinctive and not confused with any existing trademark in the UAE.
Non-Registrable Trademarks:
The New Trademark Law provides that the following trademarks are not registrable:
- Trademarks that are contrary to public morals or public policy.
- Trademarks that are identical or similar to a well-known trademark, whether registered or not, and used for similar goods or services.
- Trademarks that are identical or similar to a trademark belonging to a third party that is already registered or filed for registration for similar goods or services.
- Trademarks that are likely to mislead the public, particularly as to the nature, quality, geographical origin, or any other characteristics of the goods or services
- Trademarks that consist entirely of signs or indications that have become customary in the language or the established practices of the trade are not registrable.
Read More: Trademark Registration for a New Brand
How to Choose a Strong Trademark for Registration in the UAE
To be eligible for trademark protection, the trademark must be distinctive and not confused with any existing trademark in the UAE. Choosing a Strong Trademark Choosing a strong trademark is essential to protect the brand and distinguish the products or services of a company. A strong trademark is one that is distinctive and not likely to be confused with any other existing trademarks. Here are some tips to consider while choosing a strong trademark for registration in the UAE:
- Unique and Distinctive:
A strong trademark must be unique and distinctive, meaning it should not be similar to an existing trademark. The UAE Trademark Law does not allow the registration of trademarks that are identical or similar to existing registered trademarks. Therefore, it is essential to conduct a trademark search before registering a trademark in the UAE to ensure that it is unique and distinctive.
- Descriptive and Memorable
A strong trademark should be descriptive and memorable. A descriptive trademark describes the products or services offered by a company. A memorable trademark sticks in the minds of consumers, making it easy for them to remember and recognize the brand. Therefore, it is vital to choose a trademark that describes the products or services of a company and is easy to remember.
- Avoid Generic and Descriptive Terms:
A generic term is commonly used to describe a product or service. A descriptive term is a word or phrase that describes the products or services offered by a company. Generic and descriptive terms are not eligible for trademark protection as they are not distinctive enough. Therefore, avoiding using generic and descriptive terms while choosing a trademark is essential.
- Consider International Trademark Protection :
If a company plans to expand its business globally, it is important to consider international trademark protection. The UAE is a member of several international treaties and conventions related to trademarks, including the Paris Convention for the Protection of Industrial Property, the Madrid Protocol, and the Gulf Cooperation Council (GCC) Trademark Law. Registering a trademark in the UAE provides protection only within the UAE, whereas registering a trademark under an international treaty provides protection in multiple countries.
- Hire a Professional:
Choosing a strong trademark can be a complex process. It is advisable to seek the help of a professional trademark agent to help in selecting a strong trademark that meets the legal requirements in the UAE. A trademark agent can conduct a trademark search and provide guidance on the legal requirements for registering a trademark in the UAE.
Choosing a strong trademark is critical for businesses looking to register their trademark in the UAE. With the help of trademark agents at Farahat & Co. in Dubai, businesses can ensure that their trademark is distinctive, memorable, and legally protectable. The experienced team of trademark agents at Farahat & Co. can guide businesses through the registration process and provide expert advice on the legal provisions relating to trademarks under the New Trademark Law in the UAE. With their in-depth knowledge of trademark law and extensive experience in trademark registration, Farahat & Co. is the go-to choice for businesses looking to choose a strong trademark registration in UAE.
Read More: Trademark Registration in UAE: Conditions and Requirements
