When it comes to trademark registration in the UAE, brand owners often protect their brand names first (wordmarks) followed by logo registration. It is essential for businesses to protect their brand name and logo. However, most brands, except the big ones, ignore creating a catchphrase or slogan and protecting it through trademark registration.
Registering a trademark in the UAE is a great way for you to have exclusive rights over a catchy slogan. A slogan registered as a trademark can help consumers to identify your business and distinguish your brand from your competitors offering similar products or services. However, UAE trademark registration rules can turn out to be complex for you, making it easier to commit mistakes.
You can’t afford to have many mistakes when it comes to brand protection in the UAE. The following blog will highlight the key mistakes you must avoid while trademarking a slogan in the UAE. Trademark agents in the UAE can provide you with further assistance. Read ahead for more insights:
1. Creating a slogan that resembles a registered trademark
By trademarking a slogan in the UAE, you can exclusively use the phrase within a specific category of goods or services (Nice Classification). It also means that you are not allowed to apply for a trademark that is identical or similar to a competitor’s registered mark. To ensure your proposed mark is unique, you have to search the official database to see if it matches any of the registered trademarks.
If a match is found, you will be required to rebrand and apply again. Otherwise, the owner of the previously registered trademark can oppose your application and get it rejected. Committing this mistake can delay your registration process, get your application rejected and may even drag you to lengthy trademark disputes. Avail of trademark search services in the UAE to avoid committing this costly mistake.
2. Being too descriptive
The slogan “Just Do It” is a registered trademark of the international brand “NIKE”. It’s a strong trademark as it doesn’t directly describe the product (sportswear) or any feature, quality, or attribute of the product it represents. What we can learn from the NIKE trademark is that you should not try to trademark a phrase which is too specific or descriptive. Descriptive trademarks offer lesser protection and are not easy to register.
For example, a builder will find it tough to trademark the slogan “We Build Homes”. It directly describes the services his business offers. Moreover, other builders will also need to use the same phrase. Application for such a trademark will easily get rejected. Instead, you can create a slogan which is unique to your business. Go the NIKE way and come up with a strong and distinctive trademark.
3. Not Planning How You Will Use Your Phrase
If you are not planning to actively use your phrase in commercial use, then it is advisable not to pursue trademark registration in the UAE. You can ensure brand protection by registering your brand name alone. This is because other parties can request to remove your trademark from the trademark register if it has not been actively used for five consecutive years since its registration.
This provision is called cancellation of a trademark due to non-use. In case a cancellation request is made by another party, you will have to produce evidence of use to defend your registered slogan. The evidence can include marketing expenditures, actual direct sales, signed agreements to appoint third parties for a jurisdiction, advertisement expenses and details of imports and exports for goods. This will consume your precious time and other resources including money. Consult with trademark agents in the UAE to avoid costly mistakes like these.
4. Not Knowing the Rules
Ignorance is not bliss when it comes to trademark registration in the UAE. Not knowing the UAE Trademark Law and related rules may cost you dearly. You can talk with trademark agents in the UE before applying for trademarking for a slogan. They can shed light on the rules and standard procedures set out by the Ministry of Economy, which is the authority regulating the registration of IP in the UAE. Try not to include the following in your slogan:
- Inappropriate words, such as swear words
- The surname of a person or a common surname
- Name of a geographical place or location (Dubai, UAE etc.)
Trademark Agents in the UAE can Help you Trademark a Slogan
Trademarking a slogan in the UAE comes with immense benefits provided you avoid the mistakes listed in this blog. You can avoid such costly trademark mistakes by hiring the best trademark agents in the UAE such as Jitendra Intellectual Property (JIP). JIP can help you to assess the registrability of your proposed trademarks by performing trademark searches.
We can also help you select the right trademark classes to represent the goods or services associated with the trademark. JIP’s qualified trademark experts can guide you through key aspects of brand registration in the UAE including trademark renewal, trademark watch services, anti-counterfeiting measures etc. JIP now offers advice regarding Madrid Protocol, which will enable you to register your trademarks internationally through a single filing.