PROTECTION OF ARTISAN AND VISUAL ARTIST UNDER TRADEMARK: FAQs
 [email protected]       +9714250025197142500251+      WhatsApp
trademark registration

Protection of Artisan and Visual Artist Under Trademark: FAQs

Q1. What exactly is a trademark?

A trademark is any distinguishing mark that identifies and differentiates a specific business’s products and services from those sold or offered by others. A trademark can be a word, a letter, a
number, a drawing, an image, a form, a logotype, a label, or any combination of these elements.

 

Read also: How you should choose a strong trademark in UAE?

Q2. Why are trademarks important in crafts and visual arts?

Artisans and visual artists can use trademarks for a variety of purposes, including the following:

i. Promote product sales:

 A trademark will improve product sales by conveying a favorable message to consumers.

ii. Increase consumer loyalty:

Craft and visual arts items must compete with other products that are frequently identical or comparable to them or good alternatives for them. A trademark enables consumers to differentiate and recognize the products of an artisan or visual artist from those of competitors.

iii. Helps to Promote image in the market

A trademark also helps to build good long-term relationships – and often emotional ties – with customers by constantly promoting an image or reputation.

iv.Assist customers in making decisions:

In the case of crafts, buyers are frequently presented with the dilemma of selecting between similar or almost identical items. Trademarks assist buyers in selecting products that have the traits they want. It is possible to express information about a product in a nutshell by employing trademarks in advertising (for example, product marketing, literature, packaging, and point of sale displays).

v. Increase product sales revenue:

Customers are generally prepared to pay a greater price if they believe the product, and its quality and characteristics, as expressed by a successful trademark, are worth the higher price.

vi. Assist in increasing or retaining market share:

Trademarks make it easier to launch new items or reposition old ones. A good trademark and advertising campaign enable craftspeople and visual artists to interact with far-flung clients across a far broader geographical area than would otherwise be feasible.

vii. If you’re successful, you’ll be able to earn more money:

A trademark may become synonymous with the branding and image of an artisan’s or visual artist’s company and can become an asset with increasing monetary worth. Other businesses or people may be interested in selling items under a high-value trademark owned by an artisan or visual artist, particularly if the brand has become well-known.

Q3. Why should artisan and visual artist trademarks be protected?

Proper trademark protection grants the owner the exclusive right to prohibit others from marketing the same or comparable kind of product under the same or a confusingly similar mark. Furthermore, if a trademark is adequately protected, it can be licensed to others or used as the foundation for a franchising or merchandising deal.

 

Read also: Expert Tips to Choose a Name to Trademark in UAE

Q4. Is it possible for artisans and visual artists to trademark their names?

Yes, they may register their name as a trademark as long as the trademark office finds it to be “distinctive.” Whether or whether a name is distinctive is determined by several things. As a general rule, the more popular a name is, the less likely it is to be regarded as unique, as there are likely to be many people with the same name.

Example: Mikey Senkarik is an artist that creates oil paintings. Mikey sounded too much like a guy or an entertainment park, so she goes by the stage name ‘Mikki Senkarik.’ Mikki has her name registered as a trademark in several countries, and she signs all of her works with that name. Make it unique, personal, and easily identifiable. Your signature is precious.

Q5. Who owns a trademark if an artisan or visual artist requests or contracts another person or firm to make it?

A creator holds the copyright on creative or artistic works in most countries, such as trademark artwork. As a result, when outsourcing the production of a trademark, it is advisable to clarify concerns of copyright (and design rights) ownership in the initial agreement or ensure that the rights over the proposed trademark are adequately transferred to the artisan or visual artist who commissioned it.

Q6. What is the proper way for artisans and visual artists to use their trademark?

The use of marks is useless if they are not utilized correctly and in line with trademark regulations. Artisans and visual artists should use them:

i. With a trademark notification:

The inclusion of ®, TM, SM or identical symbols next to a trademark is not required by all laws and often gives no additional legal protection. Nonetheless, it will alert potential infringers.

ii. Apply on the Product:

It can be accomplished by directly applying them to a product, to boxes in which the product is packaged, or to tags or labels connected to the goods, and by employing them in signs and other ads, on letterhead and invoices, correspondence, websites, and so on.

iii. Distinctively:

If a mark is registered as a logo with a specific design or font (typeface), the original font and logo, to the greatest extent practicable, shall be utilized.

iv. Through Advertisements:

Each commercial, press release, label, or technical document that artisans and visual artists create can increase or decrease the value of their trademarks, depending on how they are used. Even if it is unintentional or modest, improper usage can destroy the value of their trademarks over time.

v. Through careful licensing:

If artisans and visual artists license their trademarks to others, they should keep a close eye on how it is used. The license agreement must include guidelines for the licensee’s use of the mark and the quality of the items or services with which the mark will be associated.

NEED ASSISTANCE WITH TRADEMARK REGISTRATION- CONTACT US NOW

The trademark registration procedure in the United Arab Emirates seems to be easy and uncomplicated. However, any mistakes while submitting the application form or during document submission may result in the trademark’s rejection. As a result, choosing an experienced business consultant familiar with the UAE Trademark Registration Process is preferable.

Business consultants at Farahat & co. will provide complete assistance in registering a trademark in the UAE and ensuring that all legal criteria are met. With our in-depth knowledge about the business setup, we can assist and support you in completing the trademark registration procedure appropriately and obtaining a favorable outcome. Please don’t hesitate to contact us; we’ll gladly help you!

 

Shahnaz Kaushar is a senior Trademark and Intellectual Property (IP) attorney. A seasoned lawyer based in Dubai, she has handled some of the firm’s complex, high-profile cases – many involving the protection of trademark and IP rights. Read more