Key Trademark Questions to ask Before Launching your Startup

Startups must consider developing a brand and registering it as a trademark in the UAE immediately after starting their operations. However, it doesn’t mean you should jump into the water without any preparation. Startup owners need to understand the UAE Trademark Law and the standard procedures adopted by the Trademark Office.

A better way is to try answering some serious questions related to trademark registration in the UAE. Trademark agents in the UAE can help you to identify the answers to these critical questions. Here is a list of key trademark questions you must ask before launching your startup in the UAE:

What can I trademark in the UAE?

As per the UAE Trademark Law, a trademark can be any distinctive form of symbols, words, logos, signs, names, labels, designs, pictures, titles, hallmarks, seals, patterns, announcements, packs or any other marks or group of marks. You can also register non-conventional trademarks such as colour, sound, holograms and smell in the UAE. Trademark agents in the UAE can tell you what aspects of your brand can be trademarked.

Can I skip trademark registration process?

You can avoid registering your trademark as it is not a mandatory requirement. Many startup owners are reluctant to spend money on protecting their trademarks, believing that infringers will spare them as their brand is not well-known in the market. However, what will you do if a competitor’s product with a logo similar to yours becomes popular in the market? You will lose your potential customers due to the presence of a similar trademark in the local market. You will also have to spend a lot of money and resources on fighting off the competitor as your logo is not registered in the UAE.

Can I adopt, use and register my proposed brand name in the UAE?

Many entrepreneurs mistakenly believe that the brand name they have developed can be easily registered as a trademark in the UAE. They approach trademark agents in the UAE without doing any prior research. Good agents will ask you to conduct a trademark search in the UAE to ensure your brand name can be registered and used in the country.

Availing of trademark search services in the UAE is essential to avoid trademark opposition from third parties. If anyone else has already registered a trademark similar to your name, your proposed trademark will be opposed by the owner of that mark. It will eventually lead to rejection and you have to spend money on rebranding.

How can I tell if my trademark is too similar to another mark?

Your trademark application will be rejected if it is confusingly similar to a previously registered mark. The trademark examiner will assess the level of similarity on the basis of aural, visual and conceptual similarity between the marks. You can avoid unwittingly adopting a similar mark by carrying out a trademark search in the UAE.

What can I do if somebody is using my trademark?

This purely depends on whether your trademark is registered or not. If your trademark is not registered in the UAE, you have to submit additional evidence to prove reputation, use, and misrepresentation leading to confusion, and consequential damage. However, if it is registered, you can sue the other party for trademark infringement in the UAE, which is easier to establish.

Most trademark disputes in the UAE begin with a Cease and Desist letter but get settled amicably after subsequent negotiations. However, big brands may not hesitate to drag the infringer to court. You can avail of trademark watch services in the UAE to detect if anyone is using your trademark without authorization.

Will the trademark give competitive advantage ?

One of the top reasons people trademark their brand name is because it gives them competitive advantages in the marketplace. For example, having the name ‘Apple’ on a laptop is a competitive advantage over a laptop with an unknown brand name. Even if your brand name doesn’t have a reputation at present, trademark registration gives you an opportunity to develop that reputation. It will be unwise to let your hard work go to waste and give up the competitive advantage by not protecting your brand from day one.

Can I make money off my registered trademark?

A registered trademark is an asset for your company and its value increases over a period. A registered trademark can help you make money through trademark licensing, co-branding, franchising etc. A registered trademark will help you to get more prices when selling your business.

Connect with the Best Trademark Agents in the UAE

We hope that the questions and answers given in this blog will motivate you to perform trademark registration in the UAE for your startup’s brand. Registering early will give you a competitive advantage over your competitors, which will eventually increase your revenues and reputation. Therefore, every startup must register their trademarks right from the get-go through trademark agents in Dubai such as Jitendra Intellectual Property (JIP). JIP is one of the most experienced IP firms in the UAE that can help you in safeguarding your valuable trademarks. JIP’s trademark services in Dubai include trademark registration, trademark assignment, trademark search, trademark watch etc.