Common Grounds of Refusal for Trademark Application in UAE
Brand owners can assert exclusive ownership over their goods or services by conducting trademark registration in the UAE. Trademarks registration helps brand owners to distinguish their products or services from the goods or services of other companies. You need to strictly adhere to the UAE Trademark Law and standard procedures of the Trademark Office to successfully register your company’s trademarks. However, any violation may prompt the UAE TBrand owners can assert exclusive ownership over their goods or services by conducting trademark registration in the UAErademark Office to reject your trademark applications.
This means you need to have prior knowledge about some common grounds of refusal concerning trademark applications in the UAE. Trademark agents in Dubai can help you understand the reasons for rejections and how to overcome such challenges by properly drafting the applications. Read ahead to know further:
Absolute and Relative Grounds for Trademark Refusal
In broader terms, we can divide the grounds for refusal of trademark applications in the UAE into two categories. They are:
Absolute Ground of Refusal
An absolute ground of refusal refers to trademarks that are unable to distinguish the goods or services of one company from the goods or services of another company. Such trademarks lack distinctiveness and will be refused on absolute grounds. Consult with trademark agents in Dubai to avoid refusal on absolute grounds.
A trademark application will be refused on relative grounds by comparing it with existing prior rights. An application for trademark registration in the UAE will be rejected if it conflicts with a trademark currently in use. The rejection may occur if the trademark is identical or confusingly similar to already registered trademarks.
Commons Grounds for Refusal of Trademark Applications
The UAE Trademark Office, operating from the Ministry of Economy, is the authority that decides whether an application is eligible for trademark registration in the UAE. The authority may reject an application if it is found to have elements that violate the UAE Trademark Law. Conducting a trademark search through trademark agents in Dubai is the best way to avoid such hassles. Below are some of the elements that may disqualify your trademark application.
- Trademarks with generic words such as CREAMY for an ice cream brand, PHONE for a mobile phone brand etc.
- Trademarks that lack distinctiveness
- Trademarks containing descriptive words
- Geographic words or signs such as DUBAI
- Marks that violate public or social order
- Emblems, flags, and logos of the UAE, the Arab or international organisations or an institution or any foreign country except when their prior consent is obtained. Also, replicas of such emblems, flags or logos will be rejected
- Logos of Red Crescent / Red Cross and logos of similar organisations and their imitations
- Trademarks bearing similarity to symbols of purely religious nature
- Geographical names that may confuse consumers about their origin or source
- Name, title, photograph, the logo of a person unless you obtain consent from them or their heirs before filing the application
- Trademarks have the potential to mislead the public or include misstatements on the origin or source of products/services
- Trademarks with a fictitious, imitated, or forged trade name
- Trademarks owned by persons or legal entities who are prohibited to deal with
- Mark, whose registration for some categories of products or services may result in undervaluing other products or services distinguished by such mark.
- Trademarks that include words or expressions such as ”Concession, Concessionaire, Registered, Registered Drawing, Copyright, and Imitation is Considered Forgery” or any similar words and expressions
- Trademarks of medals, coins, and banknotes issued by the UAE and foreign countries
- Trademarks that are only a mere translation of a world-famous mark (well-known marks) or another registered trademarks if such registration would confuse the consumers
- Trademarks having international goodwill beyond the boundaries of the mother country may not be registered unless authorised by the owner
How can you Avoid Trademark Refusals in the UAE?
Carrying out a trademark search is the best way to prevent the rejection of trademark registration in the UAE. Usually, SMEs and startups apply for registration without having a prior search. Trademark agents in Dubai can conduct trademark searches to assess the registration of your trademarks. Trademark agents will browse through the official trademark database and the internet to ensure your mark is not in conflict with existing marks. Trademark agents can also help you assess the strength of your marks.
How can Jitendra Intellectual Property Help You?
Brand owners who wish to conduct trademark registration in the UAE must know the nuances of UAE Trademark law and the standard procedures set out by the Trademark Office. You should know whether your trademark application will be rejected or accepted. For that trademark agents in Dubai such as Jitendra Intellectual Property (JIP) can help you by offering trademark search services. JIP provides services such as trademark registration, trademark search, trademark watch, trademark renewal etc. across the GCC region at affordable costs. Call us quick to ensure your brands are protected across the UAE and the GCC region.