Brand owners need to religiously follow the procedures of trademark registration in the UAE to register and maintain their highly valued brands. Many brand owners lose their trademark rights when they fail to manage the dates, deadlines and grace periods related to the process of trademark registration and maintenance. Business owners focusing on increasing revenues often fail to meet the deadlines. Trademark agents in the UAE can help you maintain your trademarks by meeting deadlines and other critical dates. Keep on reading the below article to ensure you are meeting important trademark deadlines and grace periods associated with the process of UAE trademark registration:
Expiry Date of a Trademark Registration
The validity of trademark registration in the UAE is 10 years. You need to apply for trademark renewal in the UAE before the validity expires. The date of expiry of trademark registration will be counted from the date of filing the application. You need to renew your trademark registration before this particular date. The fee for trademark renewal in the UAE can be paid during the final year of the protection period. Most trademark owners fail to remember the expiry date of their trademarks, putting their trademark rights at risk. Trademark agents in the UAE can remind you of the renewal of your trademark registration.
Grace Period for Late Renewal
The UAE Trademark Office allows a grace period of three months for those who fail to renew their registration on time. Trademark owners must be vigilant enough to renew their registration before the grace period expires. A late penalty will apply for renewals made after the expiry of the grace period. Your trademark registration in the UAE will lapse if you fail to renew it within the grace period.
Further, the UAE Ministry of Economy will remove the trademark registration from the trademark register on its motion. No other party will be allowed to register the same trademark within three years of the lapse of the registration. However, the trademark owner who lost his trademark will be allowed to re-apply for the registration of the same trademark. Other parties can apply for the trademark after three years after the expiry date.
Deadline for Filing an Opposition
Once an application is filed, it will be formally examined on the basis of absolute grounds of refusal. The proposed trademark will be published for opposition before its registration. If a proposed trademark is similar to your registered trademark, you can file an opposition by filing a formal application with the UAE Trademark Office.
The term of opposition to trademark registration in the UAE is 30 days from the publication date of the trademark application in the Trademark Journal. The Trademark Office will not accept opposition applications filed after the ‘Opposition Period’. Trademark agents in the UAE can further advise you on the trademark opposition procedure.
Deadline for Responding to Opposition
After receiving the opposition notice, the UAE Trademark Office will forward it to the applicant within 15 days. The applicant who faced the opposition must send a written reply to the Trademark Office within 30 days from receipt of the Notice of Opposition. The Trademark Office will treat the application as abandoned if the applicant fails to provide a written reply within 30 days. The Trademark Office will hear the submissions from either or both parties and issue a decision at the end. You need to strictly adhere to these deadlines to safeguard your trademark rights in the UAE.
Time Period for Non-Use Cancellation Applications
The use of a trademark is not mandatory for filing a registration application or for maintaining a registration. However, non-use may attract cancellation requests from third parties looking to cancel your trademark registration in the UAE. You can file a request to cancel a trademark registration if the owner fails to use it for five consecutive years from the date of registration. Trademark owners should be aware of this critical five-year period to maintain their trademark registration without the risk of cancellation.
Seek the Assistance of Trademark Agents in the UAE
Safeguarding your trademark rights is critical for ensuring the success of your valued brands. For this, you need to remember all the dates, deadlines, and grace periods stipulated by the UAE Trademark Office. Trademark agents in the UAE such as Jitendra Intellectual Property (JIP) can help you meet such requirements through our bespoke services.
We can help you out throughout the process of trademark registration in the UAE. Our bespoke trademark services in the UAE include registration & renewal, trademark search, trademark watch and International Trademark Registration as per the Madrid Protocol. Consult with us today to protect your valued brands in your desired jurisdiction.