Introduction To Trademarks Part 1
Join 1000's of Authors at StreetArticles Today!

Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark.

UAE Trademarks law and Courts’ judgments defines Trademark as any recognizable mark that identifies products or services supplied through its producers or owner. Such a mark can be a drawing, sign, shape or words…etc. Also, in some cases a voice or sound can be recognized as a trademark for the product or service.

Trademark is important because it helps businesses build and retain demand for their products and services while enabling consumers to quickly identify and make a purchase based on a recognized trademark.

Therefore, UAE has laws and regulations to regulate registration of a trademark and protect it. Registration of a trademark must be stipulated by law in order to gain protection; otherwise it will not be recognized .Trademark registration request has to be submitted before UAE Ministry of Economy. As stipulated through UAE law such requests can be submitted by an UAE citizen, or a foreigner, who is practicing commercial, industrial, profession acts inside UAE, in addition to UAE public bodies.

However, a trademark shall not be registered if it is identical or similar to another trademark used for similar of product or service. Nevertheless, as provided through UAE law and courts, in case a trademark was removed from the Ministry’s records a third party may have a right to use it for its business or services. The Third Party must file a request at the Ministry to use the trademark after three years from the date of deletion.

If a registration request was rejected, it can be challenged within thirty days from the date of rejection by the person or entity who submitted the request. Thereafter if that grievance was rejected, the requesting party has the right to challenge that decision before court within sixty days from the date he was notified with it.

On the other hand if the Ministry of Economy accepted the request, according to the law, they must publish the trademark in two daily newspapers before registering it. The reason for publishing is giving the opportunity to any party who may wishes to contest the registration of trademark. Third party must file a challenge within thirty days from the date of publication in the newspaper. Also, the party who submitted the original request has the right to challenge third party’s objections within thirty days from the date of notification.

Author: Mr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.


Street Talk

No comments present
You May Also Like
Limiting Trademarks Infringements Part 3
The United Arab Emirates is regarded as a commercial hub of Middle East, which facilitates in the practice of commercial activities in a lucrative and tax free environment. The legal system endeavors to protect producers and consumers from Trademarks infringement. Trademark infringement is a violation of exclusive rights attached to…
By:  in  Legal  >  Trademarks   May 29, 2016  
0
  Likes: 0

Trademarks Ownership Part 2
There is a common misconception which suggest that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants ownership over a trademark but using a trademark does. Registering the trademark is regarded as a presumption that implies…
By:  in  Legal  >  Trademarks   May 28, 2016  
0
  Likes: 0

How Will Trademark Attorneys Sydney Help Your Business?
There are lots of businesses that consider making use of the services of trademark lawyer. The main reason behind this is that these attorneys play a vital role in helping the company ensure that their business name and reputation is well protected. In case you are a business owner then…
By: sarah Hodge in  Legal  >  Trademarks   Jul 19, 2014  
0
  Likes: 0

NJ Business Law - Why is it Important to Know About?
Starting and running a business enterprise in any part of the world is probably one of the most difficult tasks. Filled with never ending challenges and obstructions, running a business smoothly is therefore not every person’s deal. However; even the smartest entrepreneur will get stuck at some places and ultimately…
By: Abdul Bari in  Legal  >  Trademarks   May 07, 2015  
1
  Likes: 1

Benefits To Choose Best Trademark Registration In India
Need to start a restricted business! At first, you have to keep dissimilar everything associated to your business from the others. Keeping things like name, logo, letters, signature, monograms, plan merchandise and bundling and so forth extraordinary from rest is dependably handy for your exchange. Trademark Registration, an approach to…
By: Deepak Gopta in  Legal  >  Trademarks   Jan 29, 2014  
0
  Likes: 0

How Trademark Lawyers Protect And Develops Trademark Profiles
Why is it key to check for the trademark thing? Well the fact is it just helps in securing your business and the name of your brand along with preventing people from abusing and misusing the things. The trademark lawyers are the professionals who help you in this regard and…
By: Janet Dobbs in  Legal  >  Trademarks   Mar 10, 2014  
0
  Likes: 0

New Jersey Business Law Attorney - Should You Hire If Guilty
Business laws in New Jersey are pretty strict and constitute of various laws which have been enlisted to promote healthy and business in the state and also to secure the interest of the consumers. However; despite the strict measures, companies sometimes do practice infringing things that they cannot help with…
By: Abdul Bari in  Legal  >  Trademarks   Jan 07, 2015  
0
  Likes: 0

Things Must Know Before Hiring Trusts Attorney NYC
Search for trusts attorney nyc (New York City): Is it accurate to say that you are searching for your first domain arranging lawyer or need to locate another one because you've as of late separated? If this is true, then ask nearby relatives, neighbors, business contacts, or your bookkeeper, broker…
By: Janet Martin in  Legal  >  Trademarks   Dec 29, 2015  
0
  Likes: 0

Article Views: 785    Report this Article