A trademark serves as a brand identity for a business, differentiating its products and services from those of its competitors. Business relies on a strong brand identity to establish a positive market presence. The UAE has attracted business from different parts of the globe due to its advanced infrastructure and business-friendly reforms, resulting in extremely high competition in the business sector. Therefore, it is essential to have a strong brand identity to establish a presence in the market. Additionally, the economic diversity in the UAE has paved the way for competition in various industrial sectors.
Brand protection in the UAE can be achieved through trademark registration, which should be done carefully, as a mistake can lead to the rejection of your trademark application.
Key reasons for trademark refusal in the UAE and how to avoid them
Businesses should comply with the UAE trademark law and procedures to obtain trademark registration. When filing your application with the UAE Ministry of Economy, ensure that your mark complies with the UAE trademark law. You can choose a logo, slogan, or 3D mark as your brand identity, but ensure that it is distinctive, non-descriptive, and non-generic.
- Failure to conduct a thorough trademark search
One of the primary reasons for the refusal of the trademark is its similarity to the existing mark. Businesses should conduct a thorough trademark search before registration to avoid rejection. If your mark is confusingly similar to a registered mark in the UAE, then your trademark application will be rejected. You can seek advice or guidance from trademark agents to avoid rejection.
- Unaware of what can be trademarked in the UAE
Businesses must understand what can be trademarked in the UAE. Article 2 of the UAE trademark law defines what can be considered a trademark.
In the UAE, a trademark can include:
- Brand name, distinctive shapes, slogans
- Signatures, letters, numbers, drawings
- Sound marks, 3D marks
- Specific colours or a combination of colours
- Descriptive mark
Avoid descriptive marks as they can lead to the rejection of a trademark application. A trademark that describes the features or any other aspects of the product will not qualify for registration in the UAE. For example, a candy can be referred to as sweet, which describes its characteristics, but it lacks distinctiveness, which may lead to the rejection of your application. So, choose a distinctive trademark, such as Volkswagen’s logo.
- Failure to identify the goods and services
While registering a trademark in the UAE, you must specify the goods and services that you intend to promote with your mark. Your customers will be able to identify your goods and services through your trademark. Therefore, incorrect identification of the goods and services will result in the rejection of the trademark. Ensure that you choose the right trademark class that represents your goods and services. UAE follows the Nice classification for goods and services, so be aware of this classification or seek the guidance of professionals.
- Failure to submit proper documents
Incomplete documentation can result in the rejection of a trademark application. You need to submit documents such as a representation of the trademark, a trade license, a list of goods and services, and a valid form of identification, such as an Emirates ID.
- Failure to respond to trademark office action
A trademark office action is a notification from the UAE Trademark Office to the applicant. That highlights the requirements or mistakes in their trademark application. The applicant should respond to the office action as soon as possible to continue the registration process. This notification provides the applicant with an opportunity to correct any errors in the application. If not addressed promptly, it could lead to the rejection of your trademark application.
- Usage of a misleading trademark
Ensure that you choose a trademark that does not mislead the public. Ensure that if you are using a name as a trademark, it is unique. Ensure that you are not using the names or features of other marks. For instance, if you are selling tea and call it ‘Indian tea,’ but your tea isn’t actually from India, this will be a misleading trademark and won’t qualify for trademark registration in the UAE.
Choose the best trademark agent in the UAE to protect your brand identity.
Businesses should be aware of the legal procedures and requirements for registering their trademarks, and trademark monitoring is necessary to maintain their value. Jitendra Intellectual Property can guide you through the legal requirements for trademark registration and assist you with trademark monitoring and enforcement
