Pitfalls You Must Avoid to Properly Maintain a Trademark

You have carried out trademark registration in the UAE to protect your valued brand. You have submitted the trademark application with the help of trademark agents in the UAE and the Trademark Office granted you the registration. Now you may think that your brand is protected forever, right?  Not so fast.

Registering a trademark with the UAE Trademark Office is only the first step toward protecting your brand. You need to perform certain other tasks to proactively protect and defend your trademark from infringement. However, most small business owners unknowingly ignore these critical requirements and lose their trademark rights. To save you from such unforeseen events we have listed here some of the common pitfalls you must avoid in maintaining a trademark. Read ahead to know more:

Avoid Using the Incorrect Trademark Symbol

You may have seen brand owners using symbols like TM, and an R inside a circle along with their trademarks. Before registering a trademark in the UAE or while going through the application process, you were probably using the TM symbol next to your brand name. In addition, you may be planning to use the same symbol after getting the registration certificate as well.  However, it is wrong to use the TM symbol even after getting the registration. Once the UAE Ministry of Economy grants you the trademark registration, you should start using the small circled R® to indicate that your trademark is registered with the UAE Trademark Office.

Make sure that you are using the right trademark symbol wherever your brand name appears including on your website and social media pages, in your marketing/advertising copy and art, and in any of your product labelling or packaging. Consistent use of the appropriate trademark symbol will give you greater rights and access to damages if someone else infringes on your registered trademark.

Ignoring the Local Market

Watching new trademark filings in the official database is a great way to identify potential trademark infringement. However, do not assume that it is the only area you need to watch. It is also important for you to monitor the local market to check if anyone is using your trademarked name, or a confusingly similar name. Once the infringement is identified, you can work with trademark agents in the UAE to take the relevant legal action. Failing to keep an eye on the local market will put your trademark in jeopardy. You can avail of trademark watch services in Dubai to actively monitor the use of your mark in the local market.

Letting Emotions into the Trademark Enforcement Process

If your trademark watch report tells you that another entity is using your trademark, you might feel a wide range of emotions including anger. However, you need to resist the urge to send a nasty email or a cease-and-desist letter without contacting the providers of trademark legal services in the UAE. Following your emotions in this situation could open up a whole world of trouble if you attempt to inappropriately enforce your rights or say something that could be used against you in court. Let your trademark legal service provider be your guide to any trademark infringement or enforcement issues in the UAE.

Missing the Renewal Dates

The validity of your trademark registration in the UAE is restricted to 10 years. You should renew it on the last year of expiry before the registration becomes invalid. If you miss the deadline, you can still apply for renewal during the six-month grace period granted by the UAE Ministry of Economy. However, this comes with a penalty.

The trademark will be removed from the register if you fail to file an application within the grace period. You will still get a chance to re-register your trademark in the three years that follow the expiry of the registration. However, other people will be allowed to apply for your brand name if you fail to re-register your trademark.

Maintain Your Trademark with Jitendra Intellectual Property

Properly maintaining your trademark is equally important to register your trademark in the UAE. Many small brands have to engage in lengthy trademark disputes in the UAE owing to their lack of focus on maintaining their registered marks. Trademark agents in the UAE such as Jitendra Intellectual Property (JIP) can advise you on how to maintain your trademark without losing your trademark rights.

JIP is one of the leading IP firms in Dubai, offering end-to-end protection to your brand. Our highly qualified trademark agents aim to reshape the concept of brand protection and provide access to quality & affordable trademark registration services in the UAE. We ensure your trademark remains protected throughout its lifespan by carrying out a trademark search, trademark watch and trademark renewal services. JIP also offers international trademark registration services through the Madrid Protocol. Contact us for a consultation on how to protect your trademark in the UAE and across the world.

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