Trademark search in UAE is a very important step in the process of registering a trademark. We can’t emphasize enough how important it is to conduct a thorough search of a proposed trademark prior to the filing of an application for trademark registration in the UAE.
There are different steps to take in order to perform a thorough, and they are as follows:
Do a Preliminary Search
The first search which has to be conducted is the preliminary search. With this kind of trademark search, you will get feedback regarding whether or not you need to conduct a fuller and more thorough search on all available databases. A preliminary search for a proposed trademark can be done either by a trademark counsel or an applicant.
The goal of this step is to discover trademarks that present a problem with the registration of the proposed mark in the UAE. A preliminary search also gauges if a certain mark used in an area and in a specific industry will put the applicant or business at risk for being used for infringing on the trademark rights of somebody else. This step will help in deciding whether or not to push through with a full search and acquire the costs that are associated with it. The cost that is associated with a UAE and worldwide-based search will depend on whether a mark is a design or a wordmark. Design clearance searches cost more in comparison to working mark searches. They are also a lot harder to search during the preliminary basis.
With this step, don’t be surprised when you find a mark which you’re interested in using to be in use currently or already registered with the Ministry of Economy. Entrepreneurs in the country are savvy. They understand the actual value of having protection for their intellectual property rights. As a result, filings of trademark registration are rising and it will take months for you to select and clear a trademark. Our team advises clients to be very patient and to pursue a more proper search during the development of a business.
Note: you’re not seeking in order to find identical marks. A preliminary search focuses on uncovering marks that can cause confusion within the marketplace. In order to determine whether there’s going to be confusion, several different factors will be considered. Typically, two of the most crucial factors are the similarities between trademarks, as well as the relatedness between goods or services.
Perform a Common Law Trademark Search
Common law searches will take you beyond the records of the government for trademark searches in the UAE. With this step, telephone listings should be checked along with trademark directories, industrial records, internet sources, and more.
Common law searches in UAE will give you information on whether others are already using a specific mark but haven’t filed for trademark registration officially. Keep in mind the fact that even though a business did not undergo trademark registration, the business can still claim rights to the use of the mark. Common law rights actually follow from the actual use of a mark. Generally, the very first business that utilizes a specific mark in commerce holds the right in using and registering the trademark.
Deep Dive on All Trademark Search Systems
If you really want to know all the risks that are associated with the registration and use of a particular mark (which is the smart move), then conduct a comprehensive search. This step will determine the possible risks of infringing on someone else’s rights.
Being the highest level of a trademark search, it involves analyzing sophisticated reports from trademark specialists in UAE. Search reports disclose information gather from various sources including service mark applications with the Ministry of Economy, available resignations, and searches on extensive databases for trademarks, trade names, corporate filings, trade directories, registered domain names, and other sources to determine how extensive third-party use is for a similar or the same exact mark within a particular jurisdiction.
A comprehensive trademark search in UAE will also search logo and design components and phonetic equivalents along with other variations of a proposed mark.
Trademark Search Service in UAE
Although conducting a trademark search in UAE is not mandatory with the local regulations related to brands and trademarks, it will help in uncovering the substantial risks of businesses that they’d otherwise be unaware of. Trademark search in UAE is designed in saving a business owner a substantial amount of money and time in dealing with the stress and headaches of fighting over a specific mark.
Also, you need to remember that a trademark search is important as the local courts can hold failure in conducting a trademark search before the adoption of a mark to be evidence of willful infringement or bad faith. To know more about trademark search in UAE, call us here in FAR Consulting Middle East today!
