Top 8 Things to do if your Trademark Application is Opposed
Brand owners who file an application for trademark registration in the UAE may face opposition if their trademarks are similar to an already existing mark. Interested parties are allowed to file an opposition against your trademark application in the 30 days following the publication in the official gazette. You need to be aware of what to do if you receive a trademark opposition in the UAE. Trademark agents in Dubai can advise you on how to deal with trademark oppositions.
Brand owners who avail of robust trademark search services in Dubai are less likely to receive strong opposition. However, SMEs and startups often ignore this critical step. Such businesses need to be aware of the best course of action in case they receive a trademark opposition. This article is intended to educate you about how to respond to a trademark opposition in the UAE. Read ahead.
1. Contact trademark agents in Dubai
The first thing you must do is approach a trademark agent. You need professional help to defend your trademark application. Trademark agents in Dubai can analyse your situation and recommend the best course of action.
2. Respond to the Notice of Opposition Before the Deadline
Trademark opposition in the UAE is a time-bound process with a strict deadline. You must not think over a long time to respond to the opposition filed by a third party. The period of trademark opposition in the UAE in 30 days and you should respond promptly to prevent the opposer from winning the trademark automatically.
3. Analyse the Validity of the Opposition
You must analyse the trademark opposition filing to assess how valid the claim is. Ask yourself pertinent questions such as “Is the opposer’s mark too similar to yours?” “Was the opposer using their mark before yours?” “Are the two trademarks filed under the same classes?” “Do the two marks have the same descriptions?” “Is there any other trademark similar to yours?”. It is advisable to assess with the help of trademark agents in Dubai to arrive at sensible conclusions.
4. Research the Opposer
Research the entity that filed a trademark opposition against your application. Understanding the opposer will help you determine your chances of winning the opposition or to see if a settlement is possible. Try to find out if the opposer is a big corporate group or a small business. Also, find out if the opposer regularly indulges in filing trademark opposition in the UAE. Fighting against a big corporation may involve serious risks as opposed to a small business.
5. Determine if a Settlement is Possible
Most trademark oppositions in the UAE end up in amicable settlements. A trademark opposition settlement is the most viable solution, which is usually in the best interest of both parties involved. Settlement is advised because the opposition proceedings may go on for years and both parties may lose a significant amount of money and time. If the opposer drags you to a court, the losses will increase on both sides. Try to settle the trademark opposition with the help of trademark agents in Dubai.
6. Assess Whether the Mark is Worth Defending
Sometimes a settlement may not be possible and in such cases, you should check if your trademark is worth defending. Check if you have an adequate budget and resources to fight the opposition. If you have scarce funds or the opposer’s claims are strong, then the trademark may not be worth defending. In such cases, you can consider rebranding with the help of trademark agents in Dubai.
7. Choose the best course of Action
You must continue to work with an experienced trademark agent to find out the best course of action and avoid critical mistakes. The mistakes you must avoid include trying to contact the opposer directly to explain your trademark use or defend your trademark, or asking for a settlement informally etc. The assistance of trademark agents in Dubai is necessary to evaluate the merits of opposition and advise you in the best course of action. Trademark agents can even help you win the trademark or reach a settlement keeping your interests at the forefront.
8. Choose the best trademark search service for future filings
If your opposer’s claim is valid it means that your trademark searches were weak. Brand owners are recommended to search in the official trademark publication or online database before performing trademark registration in the UAE. Conducting a trademark search in the UAE will help you identify conflicting trademarks before filing your trademark application. Avail of the best trademark search services in Dubai to avoid potential opposition when you file a trademark application.
How can Jitendra Intellectual Property Help you?
Deftly handling opposition is imperative for a successful process of trademark registration in the UAE. Trademark agents in Dubai such as Jitendra Intellectual Property (JIP) can advise the brand owners how to respond to trademark oppositions. JIP’s trademark agents are highly qualified and will help you defend your trademark successfully you reach an amicable settlement of the opposer’s claim is valid. We also offer the best trademark search services in Dubai, which will help you avoid potential opposition. Register your trademarks in Dubai through JIP to enjoy brand success at affordable prices.