A trademark is any word, name, symbol or device used, or intended to be used, in interstate commerce to distinguish the products and services of one company or individual from those of another. In addition to names and logos, trademarks can include any device that distinguishes the source of goods or services. This can include color (e.g., pink for insulation) or even sounds (e.g., NBC's chimes).

Obtaining the rights in a trade mark means obtaining the right to prevent others from using the same or a similar mark on the same or similar products or services.

Not all trade marks can be registered. To register a trademark, it must be new and it must be distinctive. If the trade mark is not new or distinctive, it will not be possible to get a valid trade mark registration.
A trade mark is only considered to be "new" if no-one else has used or registered it (or a similar mark) for use on products or services the same or similar to yours. For a trade mark to be distinctive it must be more than just an obvious word or picture and it must not describe the nature or any features of the product or service concerned. The international classification of goods and services for the purpose of registration of marks is followed. (Contact us for further clarifications and details).

How do you know whether or not your mark is new? The best way is to have us conduct searches of the relevant local and international databases to see whether there are any marks similar to yours already registered or for which an application for registration has been filed.

Your business name and logo and the goodwill associated with them are valuable assets. Registration provides comprehensive protection and enables you to prevent others from using your trademark.

A registered trademark can be a valuable asset if you decide to sell your business.

By registering your trademark you can establish superior rights in your mark and acquire incontestability after five years of continuous use and registration of the trademark.

The registration symbol ® may only be used once your mark is registered. Use of the ® symbol before your mark is registered is illegal.

A business name, phrase or logo may be registered as a trademark if it is, fanciful, arbitrary or suggestive.

Fanciful - Fanciful marks are generally marks without a dictionary meaning. Examples include, Exxon and Xerox.

Arbitrary - Arbitrary marks have nothing to do with the goods or services with which they are associated. Examples include Diesel for clothing and Apple for computers.

Suggestive - Suggestive marks indirectly refer to the goods or services with which they are associated. Examples include Greyhound for bus services indicating swiftness.

Descriptive - Descriptive marks are marks that describe the goods or services with which they are associated. Generally, descriptive marks are not registerable. Descriptive marks may, however, become registerable upon a showing of what's called secondary meaning.

Generic - Generic words are common words that describe an entire class of goods or services. These words do not serve as an indication of the source of goods or services and should be avoided when choosing a potential mark.

Geographically Misdescriptive or Deceptively Misdescriptive Marks - These types of marks are not registerable without a showing of secondary meaning.

A registered trademark lasts 10 years, provided that it is properly maintained. The UAE allows for a period of five years time starting from the registration date for a trademark proprietor to commence use of the trademark. Such use should be continuous for a period of five years in order to maintain the ownership of a trademark by the proprietor.

To keep your trademark from being cancelled, it is necessary to file a Section 8 Declaration of Use between the fifth and sixth year of registration. Subsequent filings must be made on each 10 year anniversary of registration. Failure to maintain your trademark can result in the loss of your trademark or unnecessarily limiting your rights. There is a three-month grace period for late renewal of a trademark. Requirements for renewal: