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Monitor Your Trademark Before It’s Too Late

The trademark registration process in the United Arab Emirates begins with submitting a trademark application to the UAE's Ministry of Economy. However, trademark applications are rejected frequently due to the existence of identical or confusingly similar marks. If your trademark application conflicts with those of another party, the examiner may notify you. If you do not defend your trademark application in such cases, you risk losing it. In the alternative, if you can persuade the examiner that your Trademark is unique, you may win the case.

Trademark registration is only the first step toward brand protection; additional safeguards required to protect trademarks against potential infringements. Following trademark registration, brand owners must monitor or watch their Trademark (s) for any actions that could cause damage or infringement to their brand. This article will discuss the significance of trademark monitoring and how one may use trademark monitoring services to safeguard their Trademark.

What is Trademark Monitoring?

A trademark watch is also known as Trademark monitoring. It is a kind of service offered to trademark owners who have registered their Trademark. This service assists them in tracking identical trademark filings. A trademark monitoring service allows you to submit an objection or revocation against the registration of trademarks that are confusingly similar to yours and may create consumer confusion. It is more challenging to cancel a trademark once it is registered. The preferable course of action is to oppose it before registration, citing your legal rights as the owner of existing trademark registration. 

You should know: Trademark Renewal procedure in UAE: A Complete Guide

Why is it important to monitor your Trademark after Registration?

Trademarks with market recognition are susceptible to infringement. Trademark rights and their protection are based upon effective use rather than just registration. Even once your mark is registered, you'll need to keep an eye on the market to see whether anybody is using it unlawfully. Once a trademark is registered, it is prudent to continue monitoring it to ensure that no one uses it in an unauthorized manner.

Unless and until trademark infringement enforcement is carried out, the trademark registration is worthless. This service enables you to monitor new trademark applications to safeguard the rights associated with your brand. It is conceivable that your brand or similar Trademark can create confusion in the public's minds, and may be registered and used without your knowledge. That is the reason why it is necessary to have a trademark monitor.

You should know: Top Ways to Protect and Enforce Your Trademark in UAE

Benefits of Trademark Monitoring

 Trademark Watch services benefit a business in a variety of ways. 

  • Helps in early detection of infringing Trademark

It is critical to take early trademark detection and keep a close eye on things. The sooner trademark misappropriation is detected, the simpler it is for businesses to defend their trademark rights. Trademark monitoring services monitor all identical or similar trademarks. Early detection enables the owners of brands to gather legal evidence of the use of marks.

  • It helps to notify the owner about Trademark infringement.

These services will notify you when a third party attempts to infringe upon your registered Trademark. It assists you in taking the appropriate action at the proper time.

  • Helps in safeguarding Trademark rights

The Services assist the business in defending its intellectual property rights in its Trademark or logo and preventing others from infringing on the mark.

  • Helps in filing opposition case

Trademark monitoring services assist businesses by taking care of the infringement protection aspect. It provides the trademark owner sufficient time to prepare an objection and contest proposed trademark registrations that may infringe on his rights.

  • Helps in maintaining the brand reputation in the market

Marks that are identical or confusingly similar to the original Trademark may have a detrimental effect on the company's sales and reputation. Thus, services safeguard a company's rights to a registered trademark and prohibit other parties from violating such rights.

Read: What You Need to Register Your Brand in UAE

Categories of Trademark monitoring 

Trademark monitoring services look for marks that infringe or may infringe on a registered trademark. It may enable the company to pursue the infringement legally. By using such services, you may guarantee that no identical or confusingly similar mark is registered. Additionally, the services help companies with trademark infringement avoidance. Trademark monitoring enables the detection of two distinct types of trademarks:

  • Similar Trademark

Similar trademarks are easily confused with another mark that already exists. Such a mark is so similar that it has a high probability of confusing or deceiving the average consumer. For example, registering a mark POMA. The mark POMA is deceptively identical to the registered trademark PUMA. 

  • Identical Trademark

An identical trademark is a copy of an existing registered trademark. It is almost similar to the original mark and contains no changes or additions. Even when modifications are made, they are so minor that the average customer will not notice.

Our trademark monitoring experts at Farahat & Co. can offer you detailed reports outlining the results of our trademark monitoring activities. Additionally, we'll provide advice on preventing any infringing conduct that has a detrimental effect on your brand.

Our Trademark monitoring services assist our clients in methodically identifying possible trademark disputes associated with freshly published trademark applications in the UAE. To learn more, please contact us to schedule a consultation.

Shahnaz Kaushar is a senior Trademark and Intellectual Property (IP) Expert. She has handled some of the firm’s complex, high-profile cases – many involving the protection of trademark and IP rights.