How to Determine Whether Or Not Your Brand is Ready For Trademark Registration?
Conducting trademark registration in the UAE is to protect your brand from copycats, counterfeiters and other unauthorised uses. Trademarks are the best way to increase brand value and customers’ loyalty to your brand. A registered brand name, logo or slogan helps you generate increased revenues by helping you to increase your customer base. Trademark agents in Dubai can help you get legal protection for your valued trademarks.
Yet, you must need to consider certain things before jumping into registering your trademarks in the UAE. Developing a brand and securing it through trademark registration is not an easy process. It required a significant amount of money and time. All your efforts will go in vain if the UAE Trademark Office rejects your application on account of valid reasons. So, you must decide whether or not your brand is ready to make the big jump. Here is some reason that tells you when not to register a trademark.
You should not apply for trademark registration in the UAE, if:
1. You Intend To Use It For a Short Time
You have opened a new company that makes and markets a certain range of goods or services. You have developed a brand and decided to register it in the UAE. However, if you don’t intend to use it for a long time, it’s better not to apply for trademark registration in the UAE. Chances are high that you may stop using the brand even before your application matures to registration. Startups that shut shop too soon should take a leaf from this tip to avoid wasting money and resources.
2. Your Trademark Use is Limited
If the use of your products is limited to a certain limited location, you should reconsider the decision to register your trademarks in the UAE. If your product doesn’t require a wide reach and brand visibility, why waste your money on protecting them? Such products are not worth seeking brand registration in the UAE. Wait till you develop a new product or service with wider use. Consult with trademark agents in Dubai, if you are not convinced about this advice.
3. Your Brand Name is Descriptive
You should reconsider your decision if your proposed trademark is descriptive. Descriptive trademarks directly describe an ingredient, quality, characteristic, function, feature, purpose, or use of a product. Such trademarks are not considered distinctive and are not eligible for trademark registration in the UAE. The name ’creamy delight’ for an ice cream brand is not eligible for registration as it directly describes the feature of the product.
However, certain descriptive trademarks will get protection when consumers start associating them with specific goods or services. ‘Coca-Cola’ is a descriptive mark because it describes a cola drink made from the coca plant. However, consumers associate the descriptive trademark with that particular brand of beverage. The Coca-Cola trademark became eligible for protection by the virtue of acquired distinctiveness or secondary meaning.
4. Your Trademark is Generic
Generic trademarks are accorded the least degree of IP protection in the UAE and must be avoided. Your proposed trademark becomes generic if it contains a common word for a product or service. If your product is a mattress and your brand name is ’Mattress’, then it’s a generic trademark. Such trademarks will be rejected by the UAE Trademark Office as they are unable to identify the source of a product or service. If your proposed trademark is generic, it means you are not ready for trademark registration in the UAE at this point. You can work with trademark agents in Dubai towards developing a more distinctive trademark.
5. There is a Crowded Field of Similar Marks
This problem arises when you develop a brand name without conducting a prior trademark search in the UAE. The UAE Trademark Office will be dealing with a set of applications for multiple trademarks that appear identical or confusingly similar. Chances are high that the Office will reject your application citing similarities with other marks. Taking advantage of trademark search services in the UAE will enable you to identify the presence of similar trademarks.
6. Your Industry is Not Brand-Focused
Having a strong brand may not be relevant in some industries as competition will be less. In such industries, you may not be at risk of being copied by competitors. In such a case, you can register only your most important brand names. Trademark agents in Dubai can advise you to select a strong brand name.
How can Jitendra Intellectual Property Help You?
Newly established businesses need to consider certain critical factors before conducting trademark registration in the UAE. You need to decide whether you’re ready for brand registration with the help of trademark agents in Dubai such as Jitendra Intellectual Property (JIP). We have a team of highly qualified trademark professionals who can help you to make decisions regarding brand registration in the UAE. JIP can help you assess the strength of your trademarks and assist you in preparing the documents. Consult with us today for ensuring enhanced brand protection across the GCC region.