Are you one of those wondering who the owner of a trademark in the UAE is? Being an entrepreneur, businessperson, or even simply interested in intellectual property, it is important to learn how to find out about trademark ownership. Here is an article to help walk you through some steps to find out who owns the trademark in the UAE. Further, it also discusses why it is important to know the original owner of the trademark.
Understanding the UAE Trademark Law
The UAE trademark is governed under the Federal Decree-Law No. 36 of 2021. The law defined the trademark as:
“Every object that has a distinctive form, including names, words, signatures, letters, symbols, figures, addresses, stamps, drawings, photos, inscriptions, packaging, figurative elements, shapes, color, set of colors or a combination of such elements, or a sign or a set of signs, including 3D marks, hologram marks or any other mark used or intended to be used to distinguish the commodities or services of a particular organization from the commodities or services of any other organizations, to indicate that a particular service is performed, or to conduct monitoring or inspection of the commodities or services, shall constitute a trademark. Objects related to sound and smell may also be classified as a trademark”.
Benefits of Using the Ministry’s Trademark Inquiry Service
The Trademark Inquiry Service by the Ministry of Economy provides some advantages:
- Accuracy: The service gives very accurate and true information.
- Efficiency: It is an online portal meant for speedy and easy access.
- Compliance: This service will help you remain compliant with the laws of UAE regarding trademarks.
- Cost-Effective: Reasonable service fee for the details you will receive.
Step-by-Step Guide to Find Out Who Owns a Trademark in the UAE
Step 1: Go to the Ministry of Economy Website:
The Ministry of Economy is the government institution that is in charge of the trademark department and the registration of trademarks in UAE. You can check out their website in order to get to various e-Services pages concerning trademarks. This is the place where you can begin your search for trademarks in the UAE.
Step 2: To use the Trademark Inquiry Service:
The Ministry of Economy (MoE) also has the Trademark Inquiry Service, through which one is allowed to search for the marks in the registry. This is quite helpful in trademark search one would like to register. You can make a request to check on the existence of a trademark that has been put forward or has been registered.
Step 3: Give Enough Information:
To use the Trademark Inquiry Service, you will require information such as the trademark name, trademark number or the class numbers of the applicant when making your search. Proper information is vital as far as the brand trademark search is concerned.
Step 4: Submit Your Request:
When you have collected all the required information, then proceed and make your request to the Ministry of Economy through their online platform. You will also require paying a service charge which is dependent on the invoice amount.
Step 5: Get the Results:
When you have made your request, you will get the results of the inquiry. It will also include details of the trademark and its owner as it stands. This step ends the process of searching for a trademark in the UAE.
Why Knowing Trademark Ownership Matters
It’s not just about knowing the legal records, but to help in safeguarding your brand, keeping yourself from expensive legal battles, and making better business decisions. Here are some important reasons why ownership matters when it comes to trademarks.
Avoiding Infringement
Infringing upon the trademark of another person may amount to severe consequences on serious legal grounds. This will help you avoid infringement out of ignorance and save your business from possible legal battles.
Business Decisions
Understanding trademark ownership is the first step toward strategic decisions concerning your business, be it a new product launch or rebranding. Having trademark ownership could help in cases involving new business opportunities.
- Legal Compliance
Knowing the ownership details will help in complying with all the regulations related to trademarks, a must for any business operating in the UAE.
Conclusion
Every entrepreneur, business owner, and attorney therefore has to know how to find out who owns a certain trademark in UAE. You’ll drive informed decisions on any UAE trademark by making effective use of the UAE Ministry of Economy’s trademark search, taking professional advice whenever relevant, and being updated about new laws related to a particular trademark.
How does FAR Consulting Middle East assist you?
FAR Consulting Middle East can help with any questions you might have with regard to searches or with proper guidance on the trademark laws of the UAE. Please contact one of our trademark lawyers today for guidance and advice regarding all trademark matters.
To know more about our services or for assistance in your trademark search in the UAE, reach out to us today.
