Trademark

A trademark can be any word, sign, symbol or graphic that you apply to your company, goods or services to distinguish them from those of your competitors. The trademark serves as a badge of origin for your business and its brands and products, and can consist of words, logos, images, slogans, shapes and colours, or a combination of all of these.

For example the McDonalds golden arch is a classic example of a symbol trademark.There is no mention of the name McDonalds on these golden arches. McDonalds does not need to.The general public, by in large, as well as their customers know that a golden arch represents McDonalds symbol clearly differentiates them from other fast food restaurants.

Similarly, the word apple distinguish itself from all other cellular pioneers in the market with its word “Apple” and its logo apple.

Trademarks are valuable business assets,  if you register a trade mark in relation to your goods and/or services, you are effectively gaining a statutory monopoly of your mark. A trade mark can add value to your business because it can be used to protect your market share, you can license it to third parties such as a franchisee, or you can sell it outright for a specified value. You can also use a trade mark to help you to raise equity for the development of your business.

A valid trademark right will enable its owner to prevent others from copying or otherwise taking advantage of the goodwill in the owner’s brand or company name. In cases of copying or infringement, unregistered trademarks offer limited protection, which is why it is generally recommended to register a trademark rights at the relevant national or regional trademark office. A registered trademark needs to be renewed at regular periods (generally every 10 years) to keep it in force.

When a trademark is used in connection with services, it may also be referred to as a service mark, although there is no legal difference between the two terms.The objective of our assignment will be to assist you in obtaining registration for your mark (s) in the UAE with the Trade Mark Dept. Trademarks are territorial rights: their registration and enforcement is governed by national laws, and the rights conveyed can vary country-by-country. Companies that operate on a purely national basis will normally begin by registering brands and trade names as trademark (TM) rights in their country of residence (a national right).UAE uses the International Classification of Goods and Services, under the Nice Agreement, to classify trade mark registrations. This classification sets out 34 different classes of goods and 11 classes of services that a trader can register in relation to a mark.

 

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