Successful registration of a trademark in UAE will depend greatly on the preliminary work that is done prior to the application filing with the Ministry of Economy. The more potential obstacles are avoided and risks reduced upfront, the greater the likelihood of the application process going smoothly.
How Can I Secure a Trademark in the UAE?
Here are practical tips that help optimize your chances of successfully securing a trademark in the UAE:
Conduct a knockout trademark search
What you want is to steer clear from prior trademark filings which can present the likelihood of confusion among the consumers. There are two primary reasons for this:
- to avoid rejections from the Ministry of Economy’s trademark examining officers; and
- to avoid potential opposition to the registration of your proposed trademark by other trademark owners.
A knockout trademark search in UAE will identify all closest trademark filings which present risks of the likelihood of your trademark application getting rejected. While a knockout trademark search won’t be able to cover the common law use of marks, there are a lot of trademark specialists in Dubai who offer such trademark search reports. It is advised that you conduct a complete search of all registries available and get a legal opinion from a trademark attorney in Dubai as to whether a proposed mark is safe to use legally.
Remember that the resources you put into the trademark search will be proportional to your business’ size and scope. Multinational companies with the intention of marketing consumer products have to be incredibly thorough. For small businesses and startups that want to sell locally, it’s not necessary to break the bank for a trademark search; however, it is still recommended.
Read also :Why a Business Needs a Trademark in UAE?
Avoid any descriptive trademarks
It is tempting for you to gravitate to names that describe your products and services without putting a bit of creativity into them. After all, creativity takes a lot of work. It also seems to be a lot easier for a business to use very simple terms as brands for products and services. But, you should not do it at all costs.
In order to save your business the time, money, and effort from having to file an application for trademark registration in UAE that’s meant to fail, avoid using any descriptive mark. Rejections of applications for trademark registration in UAE as marks are merely descriptive are among the most common reasons for refusals by the Ministry. Get creative and come up with terms that suggest unique qualities of your offerings without having to spell them out.
You may even come up with a brand-new word or fanciful term. If you feel like there is a need for you to really use a descriptive term, then consider applying an acronym if the abbreviation isn’t well-known anywhere.
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You should know :How to Search for Trademarks for Your Business
Pivot to a brand-new trademark
If your knockout trademark search uncovers a mark that is highly similar, then it will most definitely be best for your business to adopt a brand-new mark. This is most especially during the early stages of business or product development. It is such a huge hassle; however, it’ll be less of a headache and burden for you in comparison to switching later on when you have already established your business operations in the country.
Imagine having to invest thousands or even millions in brand development only to be ordered by local courts to liquidate your existing inventory as you have been proven to be infringing on another business’ intellectual property rights.
Send in your application as soon as possible
The general rule when protecting or securing any type of intellectual property in UAE through trademark registration is filing ASAP. Be first in the line. This is true even when you have to make a patent filing. If you wait, you’ll be putting yourself at a great disadvantage from having your registration application reviewed after the applications that were filed before yours.
It will force you to wait a long time for the outcomes or results of earlier-filed applications which are similar to your intellectual property. Also, there will be a significant burden on your business to have to oppose other applications.
Carefully draft the identification of the goods and services
Ask a trademark Consultant in Dubai or anywhere in the UAE to help you use the pre-approved descriptions of the Ministry of Economy for goods and services. Doing so will help ensure you avoid delays that would otherwise result in Office Actions.
Remember that even great trademark applications can have shortcomings. Ask the help of a seasoned trademark Consultant in Dubai for the registration process, including the development of a strategy for protecting your mark.
For more information, call us here in FAR Consulting Middle East today!