- Legal Articles
- Ask Elhais
April 06, 2014|
Trademark has a major value for any business, and one of the primary concerns of any well established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law protects its owner, and the legal procedures to register a trademark.
UAE Trademarks law and Courts’ judgments defines Trademark as any recognizable mark that identifies products or services supplied through its producers or owner. Such a mark can be a drawing, sign, shape or words…etc. Also, in some cases a voice or sound can be recognized as a trademark for the product or service.
Trademark is important because it helps businesses build and retain demand for their products and services while enabling consumers to quickly identify and make a purchase based on a recognized trademark.
Therefore, UAE has laws and regulations to regulate registration of a trademark and protect it. Registration of a trademark must be stipulated by law in order to gain protection; otherwise it will not be recognized .Trademark registration request has to be submitted before UAE Ministry of Economy. As stipulated through UAE law such requests can be submitted by an UAE citizen, or a foreigner, who is practicing commercial, industrial, profession acts inside UAE, in addition to UAE public bodies.
However, a trademark shall not be registered if it is identical or similar to another trademark used for similar of product or service. Nevertheless, as provided through UAE law and courts, in case a trademark was removed from the Ministry’s records a third party may have a right to use it for its business or services. The Third Party must file a request at the Ministry to use the trademark after three years from the date of deletion.
If a registration request was rejected, it can be challenged within thirty days from the date of rejection by the person or entity who submitted the request. Thereafter if that grievance was rejected, the requesting party has the right to challenge that decision before court within sixty days from the date he was notified with it.
On the other hand if the Ministry of Economy accepted the request, according to the law, they must publish the trademark in two daily newspapers before registering it. The reason for publishing is giving the opportunity to any party who may wishes to contest the registration of trademark. Third party must file a challenge within thirty days from the date of publication in the newspaper. Also, the party who submitted the original request has the right to challenge third party’s objections within thirty days from the date of notification.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.