A trademark is a valuable business asset because it identifies the brand. Choosing the right trademark class is an important step in trademark registration. To secure your mark legally in Dubai business should register their mark in the right category. UAE follows the NICE classification for trademark registration, which is an international classification for trademark registration. The NICE classification consists of 45 classes of goods and services. Businesses in the UAE should select the appropriate category based on their goods and service otherwise, the registration won’t secure the brand. In this blog, we will discuss how to select the right trademark category to secure your brand in the UAE.
Importance of choosing the right trademark class in the UAE:
A business in the UAE should choose the appropriate trademark class to secure its brand in the country. Choosing the wrong trademark class can weaken the legal scope of your mark. Businesses could face objection and competitors may take advantage of this, and the registration will be useless. Also, if you choose the wrong trademark class, then it would make the enforcement difficult.
Reduces Legal protection
Trademark protection will be limited to the classes in which the mark is registered. So, if you didn’t register your mark in the appropriate class, then you won’t be able to prevent others from registering a similar mark in the same category.
Rejection of the application
Registering the mark in the wrong class can lead to objection or rejection of the mark. So the registration process will be delayed, or your application will be rejected.
Loss of money and time
Trademark registration involves paying the required fee, which is not refundable. Once you submit the trademark application, it is not possible to change the class. So if you registered your mark in the wrong category, you need to file another application to acquire legal protection this will cost you additional money.
Hinders the business growth
Competitors can take advantage of this by choosing a similar mark and registering it with similar goods in the right class. This could affect the market value of your brand and also create consumer confusion.
Difficulty in enforcement
If a trademark is not registered under the appropriate class, enforcing rights against infringement in that category becomes difficult.
Registering your mark in the appropriate class will ensure that you receive legal protection for the goods and services that your business offers. Legal conflicts can be avoided with a business that operates in a different industry. For example, if a business registers its trademark under Class 3 (covering cosmetics and cleaning products) instead of Class 30 (covering food products), it may face legal complications like opposition if another company in the correct class already owns a similar mark. Also business can seek the guidance of IP professionals to ensure accurate trademark classification.
Choose the right class for your trademark in the UAE:
Companies should analyse their business activity and, based on that, they should choose the appropriate class. Businesses should review the NICE classification and analyse the detailed description of each class. The products and services should be registered in the respective NICE classification. If a business operates in a multi-industrial sector, it must register its mark in the required categories, and a separate application is required.
A separate application or filing will require additional charges, so ensure that you are choosing the appropriate class based on your business activities. There is a description in each class regarding the product or service that it covers, so check it before choosing the class. NICE classification consists of 45 classes, in which classes 1 to 34 are for goods and classes 35 to 45 are allotted for services. The purpose of this classification is to differentiate the goods and services to prevent confusion in the market.
How can Jitendra Intellectual Property help businesses with trademark registration in the UAE?
Choosing the right trademark class is necessary to secure legal protection, and businesses should be aware of the NICE classification. To successfully register a mark in the UAE business can seek the guidance of Trademark professionals like Jitendra Intellectual Property. Choosing the wrong class in trademark registration will be a waste of money and time. If your competitors register a similar mark for similar goods and services, then you may not be able to legally secure your mark. Additionally, we can help businesses with trademark monitoring and enforcement in the UAE.