A trademark is the foundation of any business, and it’s one of the significant IP assets that need to be legally protected. A trademark acts as the identity of a business, which can be a logo, symbol, brand name or slogan. A trademark is used to represent the products and services of a company and also to avoid customer confusion. When choosing a trademark for a business, it should be unique. The business should ensure that the selected trademark is not confusingly similar to any existing one, as this could lead to legal disputes and affect the brand name. In this blog, we will discuss the major strategies to protect your trademark from infringement.
Trademark protection in the UAE
Federal Law No. 36 of 2021 governs trademark registration in the UAE, which provides the legal framework for businesses to protect their IP. This law offers protection to logos, brand names, symbols, and other similar intellectual property. Companies can defend non-traditional elements such as sound, smell, and colours in the UAE. A registered trademark in the UAE will be valid for 10 years, and after that, it can be renewed indefinitely. The Ministry of Economy is the authorised body that deals with trademark registration and protection. To register and renew a trademark, the business must pay the required fee along with the necessary documents.
Register your trademark in the UAE to obtain legal protection.
Trademark registration is necessary to protect your brand legally. A registered trademark will offer you exclusive rights and prevent others from utilising it. Startups and medium-sized business mostly register their trademark after marketing it or by obtaining a suitable recognition, but this can prevent you from exercising your ownership rights. UAE follows the first-to-file system, so if someone else applies for a similar trademark before you, then they will acquire the trademark ownership. You may pursue legal action in this matter; however, the process could be both time-consuming and expensive.
Trademark monitoring in the digital world
Trademark monitoring will help businesses identify potential infringements. In this digital era, social media platforms are used by companies to promote their brand, because social media promotion will facilitate marketing your business to a broad audience, which will be helpful for business growth. But the increase in visibility could lead to the risk of trademark infringement on digital platforms. So, businesses should monitor social media platforms to find out any misuse of the mark. There are numerous types of social media trademark infringement, including creating a fake profile with a brand name or slogan, selling and distributing counterfeit goods, and using a registered trademark to promote products. Additionally, influencers or brands could misuse a trademark, and hashtag hijacking and username squatting are also forms of social media infringement. Due to this, frequent monitoring of digital media platforms is necessary to secure your brand.
Use your trademark correctly and consistently to promote your business.
If you use your trademark properly to promote your product and service in the market, then it will strengthen the legal standing of your mark and can prevent others from claiming it is generic. Also, maintain consistency while promoting your trademark, like branding, colour schemes, and fonts.
Collaborate with authorities to protect your trademark in the UAE.
Collaboration with local authorities will help fight trademark infringement. Businesses can register their trademark with UAE customs, which will help prevent the import and export of infringing goods. In case of violation, companies can seek the help of the Intellectual Property Rights (IPR) Department, which is the authorised body responsible for investigating and enforcing infringements.
Enforcing trademark rights in the UAE
In case of any infringement, the business should take immediate action. The typical enforcement procedure is sending a cease-and-desist letter requesting the infringer to stop unauthorised use. If the infringer doesn’t respond to the warning letter, then the business can take legal action in court. Also, monitor the trademark registration in the UAE to find out if any business applies for a similar mark; if so, then you can use trademark opposition and cancellation.
Madrid Protocol to protect your mark beyond borders
Business involved in international trade should defend their trademark, and the Madrid Protocol is a suitable choice to obtain international protection for trademarks. On December 28, 2021, the UAE officially joined the Madrid Protocol, enabling businesses to secure trademark protection in multiple member countries through a single international application.
Secure your brand name by partnering with Jitendra Intellectual Property.
Businesses need to monitor and protect their mark after registering it in the country. Make sure that you choose the right class to register your mark, and social media monitoring is necessary to protect your brand from infringement. Jitendra Intellectual Property is one of the primary IP service providers in the UAE. We can help businesses with trademark registration, monitoring, and enforcement.
