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Trademarks

Intellectual Property

Intellectual Property is an integral part of every individual’s work. Every creation that is the outcome of one’s intellect can be protected from being stolen through the enforcement of the Intellectual Property Rights. At AASC Chartered Accountants, we understand the importance of protecting one’s intellectual properties and therefore our team makes sure that when you come to us your work is safe from all thefts.

“AASC Chartered Accountants provides Intellectual Property Rights Protection for Trademarks, Copyrights, Patents & Designs….”

TRADEMARKS

A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

A trademark may be designated by the following symbols:

  • ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
  • * (for an unregistered service mark, that is, a mark used to promote or brand services)
  • ® (for a registered trademark)

A lot of new businesses often overlook the critical need to protect their valuable trademarks in the enthusiasm for increasing profitability of the company. Applying a trademark and patent strategy creates synergies within your portfolio, enhancing your brand and developing customer loyalty.

As more and more digital content goes online, litigations and infringements are on the rise. Any company aspiring to be successful must now more than ever have a well-thought-out brand strategy. They need to understand how to share and protect their own outputs in this online environment and avoid infringing the rights of others.

Trademark Search

Before introducing a new trademark, the first concern is to find out whether it is available for use at all. Identification of similar trademarks and names with prior rights helps to avoid claims. We strongly encourage our clients, prior to Trademark Registration, to perform a Trademark Search (Comprehensive study) so that client can make a well-founded assessment of his/her registration probabilities.

Why?

Third parties may have older rights entitling them to object to your use and registration. The holder of an older right may take (legal) action against the use of your new name or trademark. Such conflicts may well turn out to be very costly. Preliminary searches informing you of potential objections before your introduction of the new name or the new trademark are your best safeguard against later unpleasant surprises.

An inquiry into potential objections to new trade names should take into account not only trade names included in the Trade Name Register, but also all trademarks included in the relevant trademark registers. After all, trademarks and trade names can be mutually obstructive.

What?

Our trademark Search report includes the following steps: After you've ordered your Trademark Search, our company will contact you to define the applicable classes for your trademark in accordance with the description that you provide. Our company will then perform a manual trademark search, checking all possible earlier trademark rights. This includes a short Internet research to get a clear picture of the activities from the trademark holders. Based on the results of the Trademark Search, we will send you an extensive search report drawn up the basis of specific search criteria for verbal and visual elements. We will not only list similar trademarks (graphic/phonetic) that may conflict with yours, but also give you an Attorney's opinion on registration possibilities.

In view of the many subjective and legal requirements and assessments that are involved in questions of infringement, no absolute guarantee of the availability of a trademark can possibly be given. A search will give you at least an idea of potential objections and whether or not these are within acceptable limits.

Trademark Registration

In most countries in the world, the use of a trademark will not give you any exclusive rights to that trademark nor any legal protection against unauthorized use of that mark by third parties.

Only on the basis of a registration will you be able to take action against trademark infringement by third parties who use your product names, designs, logos or packaging without your permission. And if you do not register your trademark, you may even risk that at a later stage you will no longer be able to use that trademark because a third party has successfully registered it.

Please be informed that we strongly encourage our clients, prior to Trademark Registration, to perform Trademark Search of the trademark so that clients can make a well-founded assessment of his/her registration probabilities.

How do we work?

1. Information and advice

Once the service has been ordered, our attorneys will contact you to advise and inform you about:

  • Applicable classes; we recommend Trademarks Registration only in the classes and products/services that the client needs.
  • The chances of approval; we recommend Trademark Registration only when the probabilities of approval are high.
  • Appropriate strategy of registration (in case of registration in more than one country/territory)
  • Specific requirements and procedures in each country.

We also inform our clients that the recommendations made by our professionals are not a certain guarantee that a trademark is going to be accepted, but may include the probability of refusal.

2. Trademark Application.

A trademark application needs to be filled out with the Registrar. If the Registrar accepts the application, it will be published in the Trademark Journal as well as two daily Arabic newspapers. Any interested party may file a notice of opposition to the registered trademark within 30 days from the date of any publication. The Registrar's decision about the opposition may be appealed to the ministry's committee and the committee's decision may be appealed to the competent court. In case if no opposition is lodged within the time limit above, a trademark is registered and a certificate of registration is issued.

3. Trademark registration

A trademark application needs to be filled out with the Registrar. If the Registrar accepts the application, it will be published in the Trademark Journal as well as two daily Arabic newspapers. Any interested party may file a notice of opposition to the registered trademark within 30 days from the date of any publication. The Registrar's decision about the opposition may be appealed to the ministry's committee

Once your trademark has been registered, we strongly encourage you to order our Trademark Watch Service.

Use of the Registered Trademark

You are not required to use a trademark when filling out the registration applications or even for maintaining the registration. Any party may request the court to cancel a trademark registration if the owner does not use the trademark in the United Arab Emirates for 5 consecutive years (starting from the date of registration).

Trademark Registration Validity

A trademark registration is valid for 10 years, and the registration can be renewed for the same period. The renewal fees of a trademark registration are paid during the final year of the protection period.

Trademark Registration Renewal

For late renewals, a period of 3 months is allowed with a fine. The renewal is also published in the Trademark Journal as well as two other daily local Arabic publications. The ownership of a registered trademark can be assigned with or without the goodwill of the commercial enterprise. However, the assignment shall have no effect vis-à-vis third parties unless it has been recorded in the register and published in the Trademark Journal. Changes in the name and/or address of the registrant must be recorded in order to protect rights. License and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well

What do you need for a Trademark Registration and/or renewal?

For companies:

  • All that was mentioned above and extracts of entries for all the partners or certificates from the Migration, Nationality and Passports Department stating that they are nationals.
  • Two copies of the Memorandum of Association and Articles of Incorporation duly legalized.

Trademarks disqualified for registration space

  • The mark, which is devoid of any distinctive character or property, or the mark, which consists of mere denominations called by the tradition on goods, products or services, or familiar drawings and ordinary pictures of goods and products.
  • Any mark violating the public morals or desecrating the public order.
  • The public emblems, flags and other symbols pertaining to the State, Arab or international organizations or any institutions thereof, or any foreign country unless having an authorization there from, or any imitation of such emblems, flags or symbols.
  • Symbols of the Red Crescent or the Red Cross and other similar symbols as well as the marks, which are imitations thereof.
  • Marks, which are identical or similar to the symbols of pure religious nature.
  • Geographical names where the use thereof may cause confusion as to the origin or source of the goods, products or services.
  • The names, surname, photograph or emblem of a third party, unless he or his heirs prior consent to use has been obtained.
  • Particulars pertaining to titles of honor which registration applicant cannot prove that he is lawfully entitled thereof.
  • Marks which may mislead the public or which contain false data as to the origin or the source of products or services, or about their other characteristics, as well as marks containing an imaginary, imitated or forged trade name.
  • Marks owned by natural or legal persons, with whom dealing with is prohibited.
  • Mark, the registration of which for some classes of products or services may diminish the value of other products or services distinguished by such mark.
  • Marks containing the following words or phrases: .Privilege, Privileged, Registered, Registered drawings, Copyright or Imitation is forgery or similar words and phrases.
  • National and foreign decorations and metal and paper currencies.

A trademark considered as a translation of a famous mark or another previously registered trademark if registration of that mark will result in confusing the consumer public as to the goods distinguished by the mark or other similar goods.

Cancellation of the Mark

The trademark can be cancelled in the following cases:

  • The marks which are similar of identical to and Israeli mark.
  • By an order from the concerned civil court if it is proved that the trademark has not been used for five consecutive years.
  • Upon the trademark’s owner’s request.
  • The mark which has been unlawfully registered.

Service Marks or Trademarks

  • A power of attorney duly notarized and legalized by the Consulate of the United Arab Emirates.
  • Twenty prints of the trademark/service mark colored or black & white (Size: 6 cm x 6 cm).
  • A certified copy of the home / foreign application / registration, if priority is claimed.
  • Name, Address, Nationality and Nature of business of the applicant.
  • List of goods or services to which the trademark/service mark applies.
  • If the mark includes one or more words written in a foreign language, a certified translation in Arabic must also be submitted. Such translation may be arranged in the UAE.

Collective Mark

  • A power of attorney duly notarized and legalized by the Consulate of the United Arab Emirates.
  • Twenty prints of the trademark/service mark. (Size: 6 cm x 6 m)
  • A certified copy of the home/foreign application/registration, if priority is claimed Space

Quality Control Marks

  • A power of attorney executed by the applicant duly notarized and legalized by the United Arab Emirates Consulate. It is necessary to submit the legalized power of attorney at the time of filing the application
  • Two certified and legalized copies of the articles of incorporation of the legal persons
  • who take care of the quality control and testing stating the amendments that have been made to the regulations
  • The Minister’s approval to the registration of the mark. This will be obtained at our end
  • Two copies of the list of goods to which the mark is used for the testing measures with a mention to their specifications and quality
  • A list of the persons who are going to use the mark
  • Two copies of the rules, which the applicant follows in quality control and testing measures stating the amendment’s made thereto. It is possible to amend the rules of use after filing
  • Twenty prints of the mark to be registered (Size 6 cm × 6 cm)
  • List of goods or services to be covered
  • A legalized copy of the application filed for the mark, in case of claiming priority
  • Meaning of the mark, if any, or its origin

Renewal of Trademarks or Service Marks

  • A power of attorney duly legalized by the Consulate of the United Arab Emirates.
  • A copy of the certificate of registration of the trademark.

Assignments Applications

  • Power of attorney executed by the assignee and duly legalized by the Consulate of the United Arab Emirates
  • Duly legalized deed of assignment executed by both parties
  • Original certificate of registration of the mark

Registered User / License

  • Power of attorney in the name of the licensee duly legalized by the Consulate of the United Arab Emirates
  • Legalized copy of the license agreement executed by both parties
  • Original certificate of registration of the mark

Change of Name or Address

  • Power of attorney in the new name and/or address duly legalized by the Consulate of the United Arab Emirates
  • Legalized certificate proving the change of name or address issued by the local competent authority of the applicant’s domicile
  • Original certificate of registration of the mark

Agency Agreements

Power of attorney legalized by the Consulate of the United Arab Emirates.

For individual merchants, two copies of the following:

  • The commercial permit.
  • The entry in the commercial register
  • The commercial agency agreement duly legalized by the Consulate of United Arab Emirates.
  • The Arabic translation duly notarized if the agency contract is not in the Arabic language
  • The agent’s entry or identification card
  • The powers of attorney duly notarized
  • Two copies of the declaration

Protect your brand–expert trademark watching

Demonstrating opposition to infringement or unauthorized use of your trademark is essential for protecting your rights and deterring similar activity by others. But you can’t oppose what you don’t know about. That’s where our expert Watching services come in.

We go above and beyond to protect your brand with

  • High quality, targeted watch results revealing the most relevant global findings of potential infringements that demand your attention, saving you time and effort.
  • Timely reporting, enabling you to take quick action to oppose potential conflicts.
  • Flexible capabilities to meet virtually any watching need and any size portfolio.

You deserve a legal adviser who is looking at the big picture – your business as a whole. After all, there’s no point in having a trademark, patent or copyright if it doesn’t accomplish your goals. That’s why we start every discussion exploring where you want to be – only then can we draw a map to get you there.

 

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