Five Key Risks If You Delay Trademark Renewal in UAE
The protection of trademark registration in the UAE is valid for a term of 10 years and the trademark owners are allowed to renew their registration in the UAE every decade by filing an application within the last year of the protection period. Delay in filing an application for trademark renewal in the UAE may lead to risks ranging from increased fees to losing the protection of the mark altogether.
This article is an exploration of these risks, highlighting the importance of ensuring you file your trademark renewal on time. The brand owners can consult the top trademark agents in Dubai, UAE for filing a trademark renewal application without any delay. Read ahead for more insights.
1. Losing your trademark if someone else Register the Trademark
Losing your trademark to someone else is a risk associated with not renewing trademark registration on time. Although a rare occurrence, a competitor may snap up your mark and register it as their own if you take no action when the protection for your trademark registration lapses. Once you fail to renew a trademark registration within the grace period, the UAE Trademark Office will strike off the mark from the register on its motion.
However, you still get a three-year term to file a fresh application to register the trademark. No other parties can register that trademark within that period. However, after three years any other parties, including your competitors can register the same mark or a mark similar to yours. Giving less importance to trademark renewals in the UAE will increase the chances of losing your trademark to a competitor in this way.
2. Trademark Re-registration may not be Allowed
Failing to get the trademark registration renewed poses a greater risk of losing the mark altogether. The three-year period after the lapse of registration is too critical for a trademark owner. Sometimes, you may try to make a fresh registration after exhausting all of your chances at renewal. However, you will be denied a re-registration as a similar trademark would be registered by that time at the trademark office. In short, you will lose all types of IP protection for the mark if you fail to renew on time.
3. Limited Number of Trademark Classes
While registering the original trademark, you might have filed an application for registering the mark in multiple trademark classes. The UAE follows the NICE Classification System wherein trademarks are categorised as 45 classes of goods and services. You might have registered a trademark in a primary class as well as in relevant coordinated trademark classes.
However, if someone has registered a similar mark in the NICE Classes that your mark was originally registered in, re-registration in these classes will be denied. As per the trademark procedure in the UAE, registration will be refused if a brand owner seeks registration for a trademark with regards to goods where a similar mark is already registered. Missing your renewal date means that you can only have a limited number of classes if you try to re-register at a later date.
4. Late Trademark Renewal Fees
A trademark owner can renew the trademark registration in the UAE when the mark’s protection period expires. You must be vigilant enough to file the renewal application before the expiry or within the three-month grace period. Once the grace period is passed, you will have to pay a late penalty fee along with the renewal application. The late renewal penalty will increase your financial burden. Hiring the best trademark agents in Dubai helps the brand owners avoid the risks emerging from late penalty fee.
5. Limited Countries for Re-registration
If you have a business presence in other countries, you might have registered trademarks in multiple jurisdictions. Missing renewal dates in multiple countries happens while managing a large trademark portfolio. If protection lapses in multiple jurisdictions and a similar brand has been registered in some of those countries, a trademark re-registration will be limited geographically as well.
If you are not able to re-register the trademarks in certain jurisdictions such as the GCC countries, it would significantly derail business prospects and profits. In this way, failure to renew the trademark registration can cost you dearly. A better way is to consult with trademark agents who offer brand services in multiple jurisdictions.
How Can Trademark Agents in Dubai Help you?
Ensuring not to miss trademark renewal in the UAE is necessary for your brand’s existence. Renewing a trademark registration in the UAE ensures that you are entitled to increased brand protection. Failing to renew trademark registration exposes your brand to risks such as inability to re-register, limited trademark classes, additional costs including the late renewal penalty etc. Yet, many small businesses fail to renew their trademark registration on time.
Consulting with the best trademark agents in the UAE such as Jitendra Intellectual Property (JIP) helps the trademark owners renew their trademarks on time thereby enhancing the IP protection. JIP is a full-fledged Intellectual Property Service firm that boasts of a team of highly qualified trademark agents who are well-versed in IP laws and regulations. JIP’s services are not limited to the UAE. We also provide trademark services in GCC countries such as Saudi, Kuwait, Qatar, Oman, Bahrain etc. With JIP’s robust services, your brand will remain protected and you can enjoy increased brand visibility.