Knowing the process of trademark registration for business name is important. The registration of a company name trademark involves different steps such as the implementation of a trademark search, application filing with the Ministry of Economy in UAE, and prompt response to issues and objections that arise.
Find more: Register Trademark of a Brand Name In UAE
Step 1: Perform a Trademark Business name search
A trademark search in UAE will help in spotting potential trademark problems prior to the filing of an actual trademark registration UAE or you investing valuable resources onto a business name that you have chosen.
A basic search query over internet or database of ministry for trademarks can uncover matches to your business name. Also, it is important to check pending applications. The search results will provide you with alerts with regards to whether the trademark application would be approved or denied. For registration based on confusion with existing similar or exactly the same trademarks.
A more comprehensive trademark search that is run by experts will search all available trademark databases. Including business directories and platforms over the internet in identifying the names. Which are similar or the same to your business name. The names can be registered or unregistered;
However, it is important for you to note that unregistered business names that are being used has common law protection for trademarks in certain geographic areas. The name of your business may infringe the marks, causing you several different marketing and legal issues down the line.
Step 2: Send an application for Trademark Registration to MOE
To trademark the name of your business, there is a need to send a trademark application to the authorities. You'll be able to file an application; However, it is not guaranteed that application will approved as approval is subject to the discretion of the authorities.
The application for Trademark Registration in UAE has to include:
- The name that you wish to protect
- Name and complete address of the applicant for trademark registration
- The products or services that will be covered by the trademark
- Basis for filing can use in commerce or intent to use for commerce (if the mark has not been used yet)
Note: if the filing has been based with use in commerce, specimens such as packages or labels that show name in use have to provided. If the filing is intent to use, then the specimens can be provided on a later date.
The trademark application for business name will accompanied by several fees one per each class of service or product.
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Step 3: Promptly respond to oppositions and office actions
The trademark application for your business name will assigned onto an examining attorney under the MOE for review. In the event that there is an issue with the application. You will get a letter which referre to as Office Action. The letter will provide an explanation regarding issue and authorities will provide you with sufficient amount of time to respond.
There is a need to respond to any Office Action that given. And it has to within deadline that indicated in document. Or else the application of trademark registration will no longer considered and will be denied by the authorities.
If there are no issues, the MOE will advise you to provide a notice of trademark registration application published in the Official Gazette in order for other people to have the opportunity in opposing to your mark. If there’s opposition, you’ll need help in resolving the issue.
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Once an opposition has successfully resolved, the mark will then be registered. If you filed mark on basis of intent to use. Then you’ll get Notice of Allowance from the MOE. This means the mark allowed but won't registered formally until the mark has been used. By the time you use the mark, there is a need to submit to the MOE a specimen along with Statement of Use.
When the trademark registration in UAE is complete, the trademark symbol ® will and can be added onto the name of the business. The enforcing of the rights of a trademark holder with regards to a registered trademark is completely up to the trademark holder. This means it is very important for a trademark holder to monitor the mark. And act immediately if it is believe that another person or entity utilizing the mark without your consent and knowledge.
Are you ready in registering your trademark in UAE? We here in Farahat & Co can help! Simply send us a message or give us a call so our team can discuss with you more details on how to proceed. Reach out to use today.