How to Eliminate Delays in Trademark Registration in the UAE?
Registering a trademark in the UAE is one of the most important factors that decide the success of a business. The companies that fully realized the significance of trademark registration in Dubai, UAE invest their money and resources in protecting their brands. However, factors including the lack of knowledge and poor preparation by the applicant may lead to unnecessary delays in getting the trademark registered in the UAE. Timely registration of a trademark in the UAE is necessary to avoid trademark infringement and potential instances of counterfeiting.
The following are some of the top actions recommended by the best trademark agents in Dubai to eliminate delays in trademark registration.
Top Solutions to Avoid Delays in Trademark Registration in the UAE
1. Avoid Filing Trademarks that Can’t be Registered
The trademark applicants should have proper knowledge about the rules and regulations regarding what can be registered and what cannot be registered as a trademark in the UAE.
The following trademarks cannot be registered or protected in the UAE,
- Marks devoid of any distinctive character
- Marks that defy public morals or public order
- Flags similar to that of any country, organizations or government
- Marks that bear resemblance to emblems of purely religious nature
- Using geographic names as trademarks
- Logos of Red Cross or Red Crescent
- National medial, coins or banknotes
- The translated version of a well-known mark
2. Proper Classification of Trademarks
The brand owners need to file their trademarks as per the NICE Classification of goods and services. The NICE system classifies the trademarks into 45 categories of goods and services and the applicants need to identify under which classes their trademark falls into. The failure to file the trademarks under proper classes may result in considerable delays in trademark registration in Dubai.
3. Proper Investigation of Trademark
Although trademark search in the UAE is not the mandatory requirement by the Trademark Office and Trademark Application can be filed without trademark search but it is highly advisable to conduct the search before filing the application as Trademark search is the most crucial prerequisite that every brand owner should undertake before venturing on to register a trademark in Dubai. An extensive investigation needs to be conducted before applying for trademark registration in Dubai to avoid conflicts with already registered marks. The proper trademark investigation can be conducted through
a) Official Trademark Search
Ministry of Economy (Trademark Department) offers the services to conduct the search of a trademark from the Official Database upon demand of the brand owner. The Official fees for trademark search for 1 Trademark into 1 class are AED 350 paid by the owner of the brand well before the search through E-Dirham Card.
It is highly recommended to conduct the trademark search in all the relevant classes of the business. Many a time, the brand owner prefer to conduct the search on the specific class, in which he/she interested to apply for trademark registration but technically it won’t be sufficient. For example, a brand owner wants to register his trademark for “Tea and coffee” which is under class 30. It is highly advisable to conduct the Official trademark search in class 30 as well as in class 29 because class 29 also relevant to the food category. If, however, the identical or similar trademark filed or registered before in class 29 then there are chances to receive the objection/opposition from the trademark Office and from 3rd party.
b) Unofficial Search
Sometimes, big brands make delay to file the trademark in UAE due to various reasons but the brand will be already famous and registered in their home country and other countries. So, you need to conduct searches in other trademark offices, like the USA, European Union, China, India, and others. It is also necessary to conduct the unofficial search through other channels. Mentioned below:
- Market Monitoring
- Search for trademarks through online method
Applying for trademark registration in the UAE without conducting a proper trademark search may lead to trademark opposition and potential rejection. Find the best intellectual property firms that offer reliable trademark search services in Dubai to avoid such delays.
4. All the Documents should be Complete
While filing the trademark application to the UAE Ministry of Economy, the applicants should check for the documents required to be submitted. Failing to file required documents or incorrect information in the documents may lead to a delay in the trademark registration process. The best trademark agents in UAE ensure that the trademark applications are filed properly with all the required information and documents.
5. Avoid General or Descriptive Wordings for Trademarks
The UAE Ministry of Economy doesn’t permit the brand owners to file trademarks that are descriptive and are not distinctive. It is tempting for brand owners to register trademarks that are descriptive in nature. Descriptive trademarks reveal too much information about the brand including the details about ingredients of the product, quality, and features of service, etc. Further, it is not easy for ensuring the protection of descriptive and non-distinctive trademarks.
6. Prepare in Advance How to Deal with Trademark Opposition
If the Trademark Office accepts the application, the trademark will be published in two local Arabic newspapers within 30 days of issuing the acceptance letter. The trademark will also be published in the Official Gazette. From the date of the publication, the 30-day opposition period starts, during which any parties can raise an objection to the trademark.
A third party can oppose the trademark by arguing that the proposed trademark is confusingly similar to its registered trademark. This further delays the trademark registration process. Conducting an in-depth trademark search at the beginning is the best solution to avoid such conflicts.
7. Make Prompt Payments to Reduce Delays in Trademark Registration
Sometimes a delay in paying the official trademark fee in UAE may cause delays in the registration process. This may happen due to the delay in payment methods like cheque etc. Issues related to the payment of trademark costs in UAE can be eliminated by hiring reputed trademark agents who will ensure that the trademark fee is paid on time.
8. Trademark Agents in Dubai Help Eliminate Delays in Attestation
An applicant should submit a Power of Attorney duly notarized by the Notary Public along with the application to initiate the process of trademark registration in the UAE. The notarization process is one area where the applicants are bound to face delays. To avoid potential delays in the notarization, ensure that the documents are drafted by reputed trademark attorneys. Also, ensure that the copies of all the documents are in possession while approaching the Notary Public.
How Jitendra Intellectual Property Help Eliminate Delay in Trademark registration Process?
The process of trademark registration in Dubai, UAE is the most crucial a business can take for protecting its brand identity. Every jurisdiction has its own clearly etched out regulations and laws to register the trademarks. The period of completing the trademark registration may vary depending on the procedures in each jurisdiction. The UAE has a robust online system to file and renew trademark registration applications.
However, a delay may yet happen due to errors committed by the applicant or it may also happen due to the factors governing the procedures. The potential delay arising from the errors committed by the applicant can be rectified provided the brand owners hire the best trademark agents in UAE. Jitendra Intellectual Property (JIP) is a full-service Intellectual Property firm in Dubai, UAE that boasts of a team of highly qualified trademark agents.
JIP’s trademark agents have sound knowledge in trademark laws and have years of experience in registering trademarks of prominent brands in the UAE. JIP’s services include trademark search, IP Watch, trademark registration in UAE, trademark renewal, etc. By hiring JIP’s trademark services, the brand owners can ensure that their trademarks are protected across the UAE and other GCC countries including Saudi Arabia, Oman, etc.