‘Create, register and forget because once registered, a trademark is protected forever. When it comes to trademark registration in the UAE, most startups and SMEs seem like following this wrong strategy mainly out of pure ignorance. Merely registering the trademark at the UAE trademark office doesn’t entail life-long protection. Every trademark registration has validity, and you need to follow certain standard processes to keep your registration alive.
Furthermore, you are also required to be more responsible and vigilant in maintaining active use registration. Keeping a trademark registration active and safe from infringers is a huge responsibility for branding your products or services. Unlike the big brands, startups and SMEs may not be aware of the importance of keeping a UAE registered trademark alive and kicking. However, leave that to registered trademark agents in Dubai, UAE, who will guide you through the necessary steps.
Read ahead to know further about some effective strategies to keep your trademark registrations alive in the UAE.
Don’t Keep the Trademarks Passive
Trademarks define your brand’s identity, and it’s the core element that establishes strong communication with your targeted customers. Businesses that lack a robust branding strategy unwittingly let their trademarks sleep. If a trademark registered in the UAE is not in active use for five consecutive years, other parties can file a cancellation application against it.
Trademark Federal law number 37 enacted in 1992 and its amendments by Federal law number 8 of 2002 of “Trademark Law has provisions that allow parties to file for cancellation if a trademark is proven to be not in active use. If someone is filing a cancellation claim against your trademark, you can defend it by submitting proof of use such as invoices. Since the introduction of VAT, demonstrating active use has become easier as businesses can submit documents that show evidence of sales within the UAE. Since the burden of defending the trademark is on the trademark owner’s shoulders, brand owners should solicit the assistance of trademark agents in Dubai to minimise hassle.
Defending the Trademark against Infringement
Most of the brand owners utilise trademark search services in Dubai to ensure that they are not violating other brand owners’ IP rights before the filing process starts. However, the vigilance they exercise before registration is usually absent after the registration is complete. Safeguarding your own trademarks from infringement is equally important as not infringing the trademarks of others.
All you need to do is enlist accredited trademark agents in Dubai to monitor the market to see if any confusingly similar trademarks are in use. The presence of identical or similar trademarks in the market creates brand confusion among the consumers and will tarnish your brand image. The trademark agents will look for such infringing trademarks both in the market as well as new filings at the UAE Trademark Office to safeguard your registered trademarks from infringers.
Renew Trademark Registration on Time
Trademark owners, one or more trademarks, often fail to renew their trademark registration in the UAE within the stipulated time. Trademark registration in the UAE is valid for ten years, and the owners must file an application to renew it in the last year of expiry. You will get a grace period of 3 months after the trademark’s protection ends.
Your trademark registration in the UAE will lapse if you fail to renew it within the grace period. The UAE Ministry of Economy will remove your trademark from the register on its own motion. However, you can register a fresh application for the same trademark within three years of removal from the register. In case you fail to file a new application, other parties can file for the same trademark after three years. Renew the trademark registration on time to prevent your trademarks from an untimely death.
Record your Trademarks with Customs Authority
Recording trademarks with the Customs Authority of the respective emirates in the UAE is an efficient way to ensure the additional safety of your trademarks. Trademarks that are already registered with the UAE Trademark Office are eligible for border control protection. By recording the trademarks with the Customs Authority, you can safeguard the registered trademarks from counterfeiting.
The Customs officials will inspect any consignment that arrives at the port to ensure that it complies with the regulations. If the officials find any goods that are suspected of infringing the trademark, they will notify the trademark agents who recorded the mark on your behalf. The officials can seize counterfeit goods and proceed with further legal action against them.
How Can Jitendra Intellectual Property Help You?
Maintaining trademark registration in the UAE is a big responsibility for brand owners. Small businesses often overlook key trademark responsibilities, including active use, registration with customs, renewal on time etc. Failing to maintain the registered trademarks provides your competitors with an opportunity to infringe upon your IP rights. Instead of losing your trademark rights over such lapses, hire the best trademark agents in Dubai, such as Jitendra Intellectual Property (JIP), who can provide you with robust advice on maintaining trademarks effectively. JIP helps you renew your brands on time apart from assisting you in recording the trademarks with the relevant Customs Authorities. JIP’s trademark agents in Dubai will come in handy in tackling claims of cancellation and acts of infringement. By availing of JIP’s trademark services in Dubai, your brand remains protected from all kinds of infringement.