Yes, you can register your name as a trademark to protect your brand in the UAE. Trademark registration will secure the brand name for both individuals and businesses. Before submitting a trademark application, make sure your mark is distinctive. If an existing registered mark is similar to yours, the application is likely to be rejected. Business owners should ensure that their name is unique and not already registered by another business. Additionally, ensure that the name is not offensive to be eligible for trademark registration in the UAE.
Why trademark your name in the UAE?
A trademark could be a word, logo, symbol or combination of any of these which represents and distinguishes the products and services of a business from those of another. The purpose of a trademark is to ensure that the consumer will be able to identify the source of a product or service. In the UAE, trademark registration is governed by the Federal Law No 36 of 2021. The UAE Ministry of Economy regulates trademark registration and protection in the country. A unique name can be trademarked, and this will be helpful to build customer trust. For instance, Honda and Toyota are the best examples of trademarked names.
Exclusive rights
Trademark registration will grant you exclusive rights to use the mark. You can prevent anyone from using a mark similar to yours. Companies can use their mark for business purposes in the UAE.
Brand recognition
Your customers will be able to recognise your brand. A unique name can stand out in the market, and it will be beneficial for business growth.
International exposure
If you are planning to expand your business, then you can choose the Madrid Protocol to obtain International trademark protection.
Brand security
Trademark registration in the UAE will protect your brand from infringement. The UAE government has adequate measures to prevent trademark infringement. So, if someone tries to use an identical or confusingly similar mark, then it will be considered trademark infringement and can stop the misuse of the mark. This could prevent consumer confusion and secure the brand value.
Legal protection
If there is any similar mark used in the market, then the trademark owner can take legal action against them. Your brand will be protected from unauthorised use.
Step-by-step procedure to register your trademark in the UAE:
Trademark search
Businesses should conduct a thorough trademark search before filing for trademark registration in the UAE. This step will help you determine if there is a similar mark to yours. This is not mandatory, but it can prevent legal disputes.
Choose a unique name
Businesses should make sure that they are choosing a unique name as a trademark. If your name is common, then it may infringe on existing marks. Try not to use a generic trademark because it may not be eligible for registration.
Choose the relevant class of goods and services
The UAE follows the Nice classification, which is an international classification of goods and services. It consists of 1 to 34 classes for goods and 35 to 45 classes for services.
File your trademark application
A business can file a trademark application if it has a unique trademark. Foreign companies should ensure that they have an authorised trademark agent like Jitendra Intellectual Property, as they cannot directly file a trademark application. The application should provide information such as applicant details, representation of trademark, classes of goods and services, with a relevant description.
Examination
The Registrar will examine your trademark application. If it is accepted, then it will be published in the official gazette for 30 days. This is done so that anyone can oppose the registration if they find that your mark is infringing upon existing marks.
Trademark registration certificate
If there is no objection, then you will receive the registration certificate. If there is any opposition, then you need to resolve it with appropriate evidence.
Maintenance of your trademark in the UAE:
Businesses may not register their mark without securing a good market presence, and this could lead to several complications. Ensure that you register your mark before making a good market presence. Trademark registration is the initial step to secure your mark. A registered trademark should be monitored and renewed to maintain its value. Also non-use of the trademark could lead to cancellation of the mark.
How can Jitendra Intellectual Property help you with trademark registration in the UAE?
Trademark registration could be a complex process, especially for foreign applicants. You need to conduct a relevant trademark search and respond to opposition. Additionally, to maintain the value of the mark, it should be monitored. Guidance from experienced IP firms like Jitendra Intellectual Property can reduce the risk of trademark opposition and rejection.
