Definition Of Trademark
Anything which takes a distinguishing and distinctive form whether words, names, signatures, figures, letters, symbols, drawings, titles, pictures, seals, tax stamps, inscriptions, packs or advertisements or any other mark or combination of it thereof, which is used to intended to be used, either for distinguishing goods or services whatever their origin is, or to show that the goods are owned by the mark owner by virtue of their production, manufacture, selection or dealing in the same, or to indicate the performance of a service is known as a Trademark. If a sound accompanies a Trademark, it will be considered a part of it.
Trademark Registration In UAE
Any mark which is similar or identical to a trademark that is already registered for the same classes of goods or services, or even non-identical classes of goods or services if using the mark can generate the impression of connection between the new mark and the already registered trademark, or if it hamper the image or cause damage to the registered trademark and damage its interest, will not be allowed to be registered.
If there are two or more persons who have applied simultaneously for the registration of the same trademark or any marks that are closely identical or similar to each other in the same class of goods or services, the registration of all such applications will be suspended by the Ministry under the parties come to an agreement and an assignment attested by the disputed parties in favor of one of them is produced, or until a final judgment is rendered in favor of one of them.
Time Of Registration
The registration application has to be determined by the Ministry within thirty days from the date of filing, whenever it fulfills the terms and conditions.
Registration Fees in UAE
CERTIFICATE OF REGISTRATION
The registration of the trademark will be in effect from the date of filing of application once the trademark is registered. On completion of the registration, the trademark owner shall be provided with a certificate containing the following particulars:
The applicant for the registration of trademark shall be the exclusive owner of the trademark. The ownership of the trademark cannot be contested unless the owner has ceased to use it for a continuous period of 5 years or more from the date of registration without a case being raised against him detesting his ownership of the mark.
A registered trademark gives the owner the right to prevent others from using a similar or identical trademark to distinguish identical or similar or related goods or services to those distinguished by the registered trademark in a manner that may mislead the consumer public.
Cancellation of Trademark Registration
Any trademark, which is unlawfully registered, can be cancelled by filing an application by the Ministry or any other interested party. The registration shall be cancelled by the Ministry when a final judgment is received and the implementing wording of the same are accompanied.
Authorization for Usage of Trademark
Any registered trademark may be, by written and attested agreement, can be given under a license to one or more persons to use for all or some of the products or services for which the trademark has been registered, and the trademark owner may use it by himself unless agreed for otherwise.
Opposition to the registration of the trademark
The aforesaid information is on indicative basis , the fees may change and has to be considered and verified when it is to be filed in UAE