Key Trademark Considerations for Luxury Watch Brands
Carrying out trademark registration in the UAE is a vital cog in the success of a luxury watch brand as the industry is a frequent target of counterfeiting and other forms of trademark infringement. Furthermore, brand loyalty is the key element that brings profits to watchmakers, which can be built only through trademark registration. However, a luxury watch brand planning to enter into a new market, for example, Dubai, need to understand the Trademark Law and relevant procedures to successfully register a trademark in the UAE. This is where the assistance of the best trademark agents in the UAE comes in handy for you.
In this blog, we will provide you with useful trademark insights for watch brands trying to make their presence felt in the UAE. Start reading for more information:
Foreign Businesses Must Hire Trademark Agents
No matter how big your company is you can’t register a trademark in the UAE without the assistance of local trademark agents. It is mandatory for foreign businesses to hire trademark agents in the UAE to file their applications with the Trademark Office, which is a part of the Ministry of Economy. Consider experience, reputation and expertise before hiring the providers of trademark services in the UAE.
Come up with a Name that Can Be Easily Registered
If you have already developed a brand name, show it to your trademark agent to determine if it can be registered with the UAE Trademark Office. They will analyze the strength or distinctiveness to determine if the trademark is registrable. Generic names and descriptive names (names that merely describe the product, its features, attributes, quality or results such as “Sun-Away” for a sunscreen product) are considered weak trademarks and difficult to get registration.
You can use creative and fanciful trademarks (words that have been coined or invented for the sole purpose of functioning as a trademark and have no other meaning than serving as a trademark). A fanciful brand name like ‘Rolex’ is a strong trademark because it is an invented word with no meaning. If your proposed trademark is too weak, trademark agents in the UAE may advise you to come up with a new name, which is distinctive.
Your Proposed Mark Should Not Be Similar to a Registered Mark
It is a red flag if your proposed trademark is identical or similar to any previously registered mark. But, how could you identify the existence of such a conflicting mark? Trademark agents in the UAE can help you out in this situation. They can search the official database to determine if any of the previously registered trademarks in the UAE is similar to your proposed mark.
This process is called a trademark search in the UAE and it is critical for avoiding trademark opposition and rejection. If your mark is similar to a registered trademark, the owner of the senior mark can raise an opposition claim. If such a claim has merit your trademark application may get rejected. Avail of efficient trademark search services in the UAE to avoid such mishaps.
Identify the Goods and Services
You need to properly classify your trademark under the right goods or services. The UAE follows the NICE Classification System which lists 45 Classes of Goods and Services. Luxury watches can be filed under Class 14, which is for jewellery, watches, clocks and precious metals. Filing a trademark under the wrong class may lead to rejection or delay of your trademark registration in the UAE. You can file your trademark under other related classes as well.
Issues of Trademark Enforcement in the UAE
Luxury watch brands are the most common target of counterfeiting and infringement across the world, including in the UAE. Apart from registering a trademark in the UAE, you need to develop a strong trademark enforcement strategy as well. Rolex filed an infringement case in 2010 in the EU when a Danish man ordered their watches from a Chinese Website. However, it was stopped by Customs as the shipped item was an illegal imitation of the Rolex watch. Rolex could sue the infringers as they had a robust trademark enforcement strategy.
Your trademark enforcement strategy should include recording your trademarks with the Customs Authority as well as availing of trademark watch services in the UAE. Trademark watch service providers in the UAE can monitor the market periodically to identify the unauthorized use of your registered trademarks. Customs officials can seize any shipment containing products that infringe on your registered trademark.
Consider Using the Madrid Protocol
Since watches have an international appeal, it is advisable to register your trademarks internationally using the Madrid Protocol. The Madrid Protocol of international trademark registration allows you to register your trademarks in more than 125 countries by filing a single application in a single language. Moreover, you only need to pay a single set of fees. Trademark agents in the UAE can help you file a trademark using the Madrid Protocol.
Protect Your Watch Brands Through Trademark Agents in the UAE
Trademark registration in the UAE is critical for watch brands due to its high vulnerability to counterfeiting and other types of infringement. Trademark agents in the UAE such as Jitendra Intellectual Property (JIP) can assist you with quickly registering your brand with the Ministry of Economy. JIP stands out from other trademark service providers in the UAE due to its experience, expertise and commitment to clients. We offer services such as trademark registration/renewal, trademark search and trademark watch etc. Consider our trademark services in the UAE for brand protection across the UAE and other parts of the world.