The uniqueness of the product is dependent upon several factors, such as its features, quality, and visual appearance. If a business has a product with a unique shape, it can be registered as a trademark in the UAE. In the competitive business world, companies should choose an appropriate marketing strategy to stand out in the market. A trademark is the brand identity of a business, which is one of the major intellectual properties that businesses should secure.
In the UAE, you can register a sign, symbol, colour, or shape as a trademark. A trademark can distinguish the products and services of a company from those of others. By registering a trademark in the UAE business will have the exclusive right to use its mark and can prevent others from using it. If you have a unique trademark, it can attract customers and be useful for business growth.
Can you register the shape trademark in the UAE?
Yes, you can register a shape as a trademark in the UAE. Consumers distinguish a product through its visual appearance, and due to this shape trademark will help you stand out in the UAE business market. A shape trademark consists of a three-dimensional shape. If the trademark has a unique shape, it can attract customers.
If the shape of your product has obtained good recognition in the market, then it should be protected; otherwise, your competitors will misuse it. Trademark registration can secure the distinctive identity of a product and can offer legal protection.
What should you choose, industrial design or trademark, to secure the shape of your product in the UAE?
The shape of your product can be registered as an industrial design, but if you register it as a trademark, then it can be renewed every 10 years indefinitely. While the validity of an industrial design is only for 20 years, that’s why most businesses are registering the shape of their product as a trademark. Additionally, the laws for trademark enforcement are better than those for industrial design. Based on the business requirement, you can choose industrial design or trademark protection to secure the unique visual features of your product.
To be registered as an industrial design, the shape of the product should be novel, and it shouldn’t be displayed in public. If the product is displayed in public, then it could lose its novelty. So business should secure their design before applying for industrial design in the UAE.
If the shape of the product is entirely about the visual appeal, then Industrial design is a good choice, and if your product’s shape is instantly recognisable as your brand, then trademark protection is necessary. If your objective is to protect the aesthetic appearance of a product, registering it as an industrial design would be the appropriate choice. However, if you intend to safeguard the product’s unique shape as a distinctive identifier, pursuing trademark protection is the correct approach. Businesses can also choose both strategies to protect the shape of their product in the UAE.
Key requirements for a shape trademark registration in the UAE:
UAE Federal Decree Law. No 36 of 2021 stipulates that the shape should be distinctive or should have acquired distinctiveness and be non-functional. This law ensures that businesses can register unique forms of trademark in the UAE, like shape, colour, sound, etc. Before registering a mark, business should conduct a thorough trademark search to determine that there is no similarity with existing marks. Non-functionality is another aspect which is to be considered while registering a shape trademark in the UAE.
Ensure that the shape is not a result of the nature of the product, for example, the shape of a bottle for holding liquid. The shape of the product must go beyond the utility to be eligible for trademark registration in the UAE. By granting trademark registration for product shape, the UAE ensures that companies can obtain protection for non-conventional marks too.
How can Jitendra Intellectual Property help businesses with the registration of a shape trademark in the UAE?
Businesses can apply for a trademark online or offline in the UAE. If the mark is accepted, then it will be published in the official gazette, and during this period, anyone can oppose the registration of the mark. Businesses should prove that their shape mark is distinctive and non-functional to obtain trademark registration. If there is any opposition, then companies should prove that their mark is not similar to any existing one. Jitendra Intellectual Property can help businesses with trademark registration, monitoring, and enforcement.
