An Overview of Protecting 3d Trademarks in the UAE
The UAE Trademark Law allows the registration of non-conventional trademarks such as a 3-D trademark. However, you need to understand the regulations and procedures of trademark registration in the UAE before drafting your application. Trademark agents in the UAE can advise you on how to successfully register a 3D trademark with the Trademark Office.
In this article, we have included certain key aspects related to registering a 3D trademark in the UAE. Apart from the process of 3D trademark registration, this article will also enlighten you on how to enforce a 3D trademark in the UAE. Keep reading the blog to know further about protecting a 3D trademark in the UAE.
What is a 3D Trademark in the UAE?
A three-dimensional or 3D trademark registration in the UAE protects the shape or the three-dimensional appearance of your trademark. Three-dimensional trademarks are marks comprising a three-dimensional shape, such as containers, packaging, or the product itself. Even though the UAE Trademark Law allows brand owners to register 3D trademarks, there are still not that many applications for the registration of these trademarks. This is mainly because 3D trademarks are mostly rejected on account of factors such as lack of distinctiveness and technical function. Trademark agents in the UAE can advise you on the requirements to register a 3D trademark.
Registration of 3D Trademarks in the UAE
As per the UAE Trademark Law, the shape of a product comes within the scope of the definition of a trademark. This means the ornamental or aesthetic nature of a product can be protected by registering it as a shape trademark in the UAE. The shape of a product is significant to a business and it is advisable to leverage the UAE Trademark Law provisions to protect the IP value of a product having a commercially significant shape. You can also enforce such registered rights against potential trademark infringers.
Expert Tips for a 3D Trademark Application
You need to ensure that the shape of your products is distinctive enough to get trademark protection in the UAE. To make it hassle-free for you to apply for your 3D trademark, our trademark agents in the UAE have compiled the following considerations which will help you while submitting the 3D trademark application:
What Should Applicants Look for in the Case of a Three-Dimensional Trademark?
Just like all the other brands, your proposed 3D trademark also should have an origin function. It means the product must be assigned to a company of origin. The shape of your product should be unique and different so that consumers can associate it with your brand upon seeing it.
What is There to Consider During the Preliminary Search?
Conducting a preliminary trademark search in the UAE is not a mandatory requirement but it is essential to save your mark from opposition action and potential rejection. Carrying out a preliminary search will help you to determine if your proposed mark is identical or similar to a previously registered mark. If it is not similar to previous registrations, you can proceed with the mark confidently. If any similar mark exists, you need to change your application as it would invite opposition action from the owner of the original trademark. Trademark agents in the UAE will search the Official Trademark Database to see if your mark is similar to any other existing ones.
What Are the Considerations for Trademark Classes?
While registering a 3D trademark in the UAE, it is mandatory to determine which classes of goods or services your trademark represents. The UAE follows the NICE Classification comprising 45 classes of goods and services. You need to assign the right classes to your proposed trademark to avoid misrepresentation of goods or services which may lead to brand confusion.
What is There to Consider With the Pictures for the Registration?
You need to ensure that the illustrations of your proposed 3D trademark are uniform. The product that you wish to protect must be optimally visible against a neutral background and from all sides. Most importantly, the product must appear in the same condition on every illustration. Trademark experts in the UAE can help you to achieve this goal while registering your three-dimensional trademark.
Register a 3D Trademark through Trademark Agents in the UAE
Three-dimensional trademark registration in the UAE can be challenging for brand owners as you need to ensure that the shape of the product is distinctive. Since the requirements may vary compared to a wordmark, it is better to seek the advice of trademark agents in the UAE before applying. Jitendra Intellectual Property (JIP) is a top IP firm in Dubai that can assist you in registering your 3D trademarks. JIP offers bespoke trademark services in Dubai including trademark search, registration, renewal and trademark watch.