Trademark registration is one pivotal step in protecting any clothing brand in the UAE. A trademark protects your brand elements, including logos, names, and other distinctive features, while ensuring your brand remains unique within a competitive market. Below is an outline of the process, together with some of the important information required for trademark applications by clothing brands in the UAE.
What is a Trademark?
A trademark is a sign, symbol, word, or combination that distinguishes the goods or services of a particular entity from those of another. Trademarks applied to clothes could be either logos, brand names, slogans, or distinctive packaging. Registration of trademarks gives exclusive legal rights to the owner, which prevents other companies from using marks similar to it.
Why Register a Trademark for Your Clothing Brand?
The following are some of the major reasons for the registration of your clothing brand.
Legal Protection: A registered trademark gives one protection against its use without authorization. It helps you protect your brand identity and decreases the associated risks of counterfeit products.
Brand Identification: Trademarks provide identification to your brand and differentiate your apparel brand from other brands, alluring loyal customers.
Exclusive Rights: Registration provides all exclusive rights for use of the mark to the products/services opted in the UAE.
Asset Value: Trademark is an intangible asset. One can license, sell, or franchise it, which will help add some financial value to your business.
Steps to Register a Trademark for a Clothing Brand in the UAE
The steps to be followed in order to get a trademark registered in the UAE are very clear. The steps of getting a trademark registered in the UAE involve the following:
1. Trademark Search: It is always advisable to first conduct a trademark search before applying just to ensure that no other entity has registered the same mark you plan to apply. Doing so will save one from arguing in case rejection occurs.
2. Prepare Your Application: Generally, the application involves some key documents including:
A clear representation of the trademark: logo, brand name, etc.
A list of goods and services the trademark will cover: clothing and accessories, etc.
Identification documents of the applicant: a passport for individuals and company documents for entities.
Trade license copy.
3. Apply to the Ministry of Economy: Apply online via the web portal of the Ministry of Economy, attaching all documents and making payment of the official fees. It is the initial step that an applicant is required to take in the registration process.
4. Trademark Examination:The Ministry of Economy shall examine the applications for registration and verify whether it is identical or similar to a previously registered trademark, and do not violate the provisions of decree law and its executive regulations.
5. Publishing in Official Gazette and in two Local Newspapers: In case the applied trademark passes the examination, it would be published in the UAE Official Gazette and two local newspapers. This practice allows any interested third party to send an opposition within a total period of 30 days starting from the publishing date.
6. Respond to Oppositions (if any): You will get a chance to give a response, so clear all objections raised. Any opposition should be dealt with effectively for a successful registration.
7. Final Registration and Issuance of Certificate: If no one opposes or the oppositions go in your favor, the trademark is registered and a registration certificate is issued. The certificate has a validity of 10 years and may be renewable at the end of each 10-year term without limitation.
Types of Trademarks that Can Be Registered
The UAE allows trademark registration for the following:
Traditional marks: names, logos, slogans.
Non-traditional marks: three-dimensional shapes, sound marks, and color marks will also be of great help in the registration of singular elements by apparel brands.
Cost of Trademark Registration in the UAE
The cost of registration depends on a variety of reasons including the number of classes in which the trademark is being registered. In general, the costs for registration include two to three elements: filing of registration, publication, and final registration. Legal support can be given at additional cost or in case of responses to opposition.
Duration of the Trademark Registration Process
The regular course of a registration process normally takes 4 to 6 months. Within these ranges, the process for examination, publication, and opposition would fall. The process is designed in such a manner that it is both rigorous and expeditious to ensure sound protection for your brand.
Common Mistakes to Avoid in Trademark Registration
Non-Distinctive Trademark: The mark should be unique in nature, not merely descriptive of the products or services, otherwise, this would lead to its being rejected.
Skipping the Search: The proper search earlier can save time and potential problems if an existing trademark is discovered.
Renewals: Under federal trademark law, a renewal for your trademark registration should be filed every 10 years to continue protection. Make a note of renewal dates and avoid allowing your mark to lapse.
How Trademark Agents at Farahat & Co. Can Assist You
Trademark registration in UAE may sometimes be a complex process, especially considering some of the legal requirements concerned. Farahat & Co. has extensive experience in assisting clients with all aspects of trademark registration, including but not limited to preliminary searches, preparing and filing the application, and finally any oppositions. We ensure your clothing brand’s trademark is well-guarded, hence letting you continue with the growth of your business.
At Farahat & Co., we invite you to reach out to us today and start the trademark registration process in the UAE, to protect your brand.
