A trademark plays an essential role in every business. It is a mark that will distinguish your product and service from those of your competitors. A registered trademark in the UAE will protect you from infringement and also it will add value to your brand. In the UAE, the Ministry of Economy is the primary authority responsible for trademark registration and protection. Federal Decree Law No. 36 of 2021 on Trademarks regulates the registration, security, and enforcement of trademarks in the UAE. Trademark registration will offer territorial protection, and the UAE follows the first-to-file system, so business should register their trademark before using it in the market.
How to Describe Goods and Services for Trademark Registration in the UAE?
One of the key steps in trademark registration is adding a proper description of goods and services. Selecting the goods and services within a relevant category can be a challenging process. To address this, one can seek guidance from IP service providers. If you fail to provide appropriate details regarding your goods and services, then it could lead to several problems. A key component of a trademark application is the precise specification of the products and services with which the trademark will be used. The goods and services which is described will only receive protection, so while adding goods and services, make sure that you include every detail of the goods and services that require protection.
A description should be provided for each good or service to which you want your trademark to apply. In UAE trademark registration, the description of goods and services should be written in a manner that an average person with limited technical knowledge can easily understand. If technical terms are included, it is advisable to provide explanations to ensure clarity and avoid misinterpretation.
If a trademark is registered with an improper description of goods and services, then it will be useless for the business. Additionally, companies should select the correct class when registering their trademark, as the UAE adheres to the Nice classification. Companies should also include the products they plan to commercialise in the near future. So, if you are a software service provider, for instance, developing an Enterprise Resource Planning (ERP) software, it will be delivered as a service through different models.
You can then choose a service class based on this and describe your ERP software. Make sure that you use your mark effectively. If you have only used your trademark to promote your software, then your competitors can use the same mark to promote their hardware. Suppose your trademark is registered only for software-related goods or services. In that case, competitors can use a similar mark for unrelated hardware offerings, especially if those fall under different trademark classes.
To prevent this, you can include hardware-related goods and services in your trademark application if they align with your business activities. The key takeaway is to ensure that all goods and services associated with your trademark are clearly and accurately identified in your application. Incomplete or vague listings may not only enable competitors to benefit from your brand’s reputation, but also allow them to capitalise on your brand’s strengths. They could also limit your ability to expand the scope of your trademark protection in the future.
Choose the appropriate trademark class for registration in the UAE:
Businesses should select the relevant class based on the goods and services they offer. The Nice agreement has 45 classes of goods and services. As part of your trademark registration, you need to identify the appropriate class of goods or services that you wish to associate with your proposed trademark. Trademark registration involves selecting from 45 distinct classes of goods and services. Classes 1 to 34 are for goods, while Classes 35 to 45 are related to services. Therefore, businesses should select the appropriate class and specify the necessary terms, as trademark protection only applies to the goods and services listed in their application.
Partner with Jitendra Intellectual Property to successfully register your trademark in the UAE:
Businesses should ensure that they include a clear and accurate description of their product and services in their application, which must comply with the requirements of the UAE Trademark Office. The description should have a significant amount of detail regarding the products and services. In some instances, while adding a description, you may not be able to find the appropriate category for your goods, and this is where Jitendra Intellectual Property can help you.
Our expertise in UAE trademark laws and regulations will help you register your mark successfully. We can help you create a suitable description for your product and service, which will help you to stay competitive in the market. Additionally, we can help you with trademark monitoring, enforcement, and protection.