FaQ’s

Trademark applications are completed and submitted to the trademark office along with the required documents and payment of the official filing fees. The applicant will receive a filing number and filing date. The application will then be examined by the trademark office, the TMO. The trademark office examiner will issue a decision to either:
•Accept the application; the publication fees should be resolved, and the mark will be distributed in the official gazette.
•Conditionally accept the application.
•Reject the application.
If the mark is accepted, then the related publication fees should be settled with the publication forms. Once published, if the mark does not face any opposition, then registration fees should be completed along with registration forms, and the certificate of registration will be issued. The registration process takes from filing to registration as little as three weeks to as long as two years, depending on the country. Refer to specific country procedures.

When applying for trademark registration, certain official documents need to be submitted to the local trademark offices in the Middle East, such as a power of attorney, a commercial certificate, and a priority document in case of a claim. Each country has its authentication standards, so please refer to the specifics of each country for further assistance. To check what documents are needed to register, refer to our user guide for each country.

Most countries use the latest version of the nice classification; however, some countries still use older versions. With that said, not all classes or all goods are available in all countries, especially in the Middle East. Alcoholic beverages, pork and pork products, and bar services are not available for registration in all the Middle Eastern countries. To check whether classes are available locally, refer to – Are all classes available locally? and how to choose your classes.

Besides being too expensive to register a trademark on all classes to remain effective, a registered trademark should be used. Therefore, if you have filed a mark and have not used it, other parties can send a claim to cancel the registration because you are not using the trademark. The decision to register a trademark in all classes should depend on the nature of your business, your target market, and your budget.

Choosing a class depends on the services and products the trademark will be associated with. There are 45 classes to choose from when registering for a mark. Registering a trademark entails selecting the class and specific goods and services that relate to your business. Choosing the right class for your trademark registration is an important decision, as it determines the scope of protection that your trademark will receive. To check how to choose your class, please refer to - How to choose your classes?

When registering a trademark in a jurisdiction signatory to the Paris Convention, an applicant can “claim priority” to an earlier mark, therefore using the details and effective date of an earlier trademark as long as the earlier mark is registered no later than six months prior. Priority registration is crucial in trademark law because it helps establish the ownership of a trademark and can also prevent others from using or registering a confusingly similar mark. A priority claim can only be made based on the first-filed application for that particular trademark

To claim priority in trademark registration, you need to establish a priority date by showing that you have used the trademark in commerce before anyone else or that you have filed an intent-to-use application with the relevant trademark office. Many countries have strict requirements regarding the type of documentation required to claim priority, sometimes including legalization and translation of the original application. Priority is claimed through filing. When a company or individual plans to claim priority, they should submit their application within six months of the initial filing date.

An applicant is a company or individual applying to register a mark. The applicant's name and address have been determined by official documents such as passports or company registrations. The applicant may be the owner of the trademark, a representative of the owner, or an attorney acting on behalf of the owner.

When filing for a trademark, whether for an individual or a company, the address that should be used is the official address stated on the company registration document or an official document issued by the related authority.

When filing a trademark, the application will ask you to include a description. If the mark is composed of one or many words, you can state its meaning. If the trademark contains a logo, an image, any symbol, or a number then you have to describe it in full detail with colors, shapes, numbers, and symbols.

Generally speaking, using a hyphen or a number in a trademark does not increase or decrease the value, nor does it affect whether the mark will be accepted or rejected. It is also generally not prohibited and does not affect the trademark examination process. However, it is crucial to note that using a hyphen or a number in a trademark may affect its distinctiveness and registrability. Trademarks are typically more distinctive and easier to register if they are made up of unique words or phrases rather than generic terms, numbers, or other symbols.

International registration allows trademark owners to register their trademarks with a single, uniform application through a centralized filing system to designate multiple countries (contracting parties). The process for international trademark registration is referred to as the Madrid System for the International Registration of Marks and is governed by the Madrid Agreement and the Madrid Protocol. To understand more about the international registration refer to - What countries are members of the Madrid system allowing the international system for trademark registration?

A trademark should be registered where it is intended to sell services/products. A person seeking to own a trademark should determine where they are performing business (selling something or providing something under a brand) and where they plan to continue to use the mark for their products or future services.

The validity of a trademark registration depends on the country. In most countries, trademark registrations last for ten years from the filing date and can be renewed for an indefinite period, as long as the required documents and fees for renewal are settled. It's recommended that trademark owners keep track of their renewal deadlines and take the necessary steps to renew their trademark registration on time to avoid losing their trademark rights. To check the length of trademark registration or validity by country, refer to – How long does a trademark registration last?

A violation of a trademark's exclusive rights without the permission of the trademark owner or any licensees is trademark infringement. In the occurrence of infringement, a trademark owner (the plaintiff) may sue the infringing user of the same or a similar mark (the defendant) to stop further use of it and obtain compensatory damages for unlawful use. To learn more about protecting your brand from infringements, please refer to - Startup Mindset: The Four Types of Intellectual Property.

Trademark disputes are all types of quarrels, whether in court, at the trademark office, or privately between a trademark owner and another party. Trademark disputes may relate to who the rightful successor of a trademark is (whether because of inheritance or otherwise), who the rightful economic beneficiary of a trademark is, or whether the use of a specific mark constitutes an infringement. Trademark disputes may be resolved at the trademark office, in court, or through out-of-court settlements.

After filing, a trademark is examined by the trademark office and a decision is issued regarding whether a mark is distinctive and can be registered based on: 1- Previous registrations. 2- According to the standards of the local laws and regulations. 3- if all the documents needed were submitted and authenticated. If the mark passes these examination criteria, formal and informal, then it will be accepted for registration.

One of the most beneficial rights associated with trademark rights is the fact that trademark rights can be renewed indefinitely. There is no cap on how many times you can reestablish a contract. But a trademark needs to be renewed every ten years. Renewal applications must be submitted before the deadlines. To extend a mark, it should be active and still in use. To know more about how long a trademark renewal last, refer to - How long does a trademark renewal last? Or Trademark renewal details and deadlines.

The renewal application should be filed within the last year of the valid protection period or the local grace period provided. However, this may be subject to late penalty fees. The renewal application, the supporting document, and fees are submitted to the trademark office. Within one month of filing the renewal application, the trademark office will provide a decision, and the applicant may proceed with settling publication fees to finalize the renewal procedures. The publication in the official gazette is for informative purposes only. No one can oppose the said publication.

A trademark assignment application and related fees should be submitted to the trademark office. Once all the documents are available, they should be submitted to the trademark office, which examines the documents and issues a decision. Once accepted, the publication application and fees should be presented for publication in the official gazette. Following publication, the certificate proving the assignment can be issued if required otherwise or not.

A trademark filing number is a number assigned by the trademark office to the trademark application once it is submitted. It is the official number of the trademark used to follow up on a trademark and make sure the examination process is taking place on time. The format of the filing number can vary depending on the country or region where the application is submitted, but it typically includes a combination of letters and numbers.

A trademark registration number is the number the trademark office gives to the trademark upon issuance of the trademark registration certificate. A trademark registration number is a unique identification number assigned to a registered trademark by the government agency responsible for granting trademark rights in a particular jurisdiction. For example, in the United States, the U.S. Patent and Trademark Office (USPTO) assigns a registration number to every trademark allowed for registration. The registration number serves as an identifier for the mark and distinguishes it from other registered trademarks.

In some countries, the filing number is different from the registration number. However, most countries are now moving towards having the filing and registration numbers be exact. A trademark filing number is the unique identification number assigned to a trademark application when it is filed with the relevant government agency. It serves as an identifier for the application and is used to track its progress through the registration process. On the other hand, a trademark registration number is assigned to a trademark that has been successfully registered with a government agency. It serves as an identifier for the registered trademark and is used to track its use and enforce its protection. In summary, the trademark filing number is assigned to an application, while the trademark registration number is assigned to a registered trademark.

The filing date of the trademark is the date the trademark was submitted to the Trademark Office for registration and the fees for the trademark application settled. In addition, a trademark filing date is the date on which a trademark application is received and processed by the relevant government agency responsible for granting trademark rights in a particular jurisdiction.

The registered trademark is protected from the date of filing. However, as trademarks are jurisdictional rights, this depends on the country. A trademark is protected from infringement when registered with the relevant authority in the jurisdiction where protection is sought. A trademark is protected from the date of registration and for a time specified by the jurisdiction's laws, which typically ranges from 5 to 10 years. Once registered, the trademark owner has the exclusive right to use the mark in connection with the goods or services. If someone else uses the same or a similar mark in connection with the same or similar goods or services, it may be considered an infringement, and the trademark owner may take legal action to protect their rights. To check the date a trademark is secured, from refer to – Country-Specific User Guides.

The publication date is the date of a trademark published in the official gazette to inform third parties of your rights. Any business or group of companies will acknowledge the trademark publishing notice. once you have decided to submit your trademark registration application with all information needed and related documentation. To check the duration of trademark publications refer to– Country Specific User guides.

In most countries, trademarks are published in the Official Gazette to provide anyone who believes they would be damaged by the registration of a published mark with an opportunity to challenge the proposed registration. A trademark is published by the government agency responsible for granting trademark rights in a particular jurisdiction to provide notice to the public of the trademark application and to allow interested parties to oppose the registration of the mark if they believe they may be harmed by its registration.

A trademark publication period depends on the jurisdiction and usually ranges between 1 to 4 months in Arabic countries. Your trademark application will be available to the opposing party for 30 days from the date, nearly four to six weeks after publication acceptance. During this time, any individual can submit an opposition to the trademark's registration. To check the duration of trademark publications refer to– Country specific User guides.

When a trademark application is filed with the related authority, the trademark is usually examined based on local laws and criteria to check whether the mark will be approved for registration or rejected. Trademark examination is the examination of registration of the trademark by a federal trademark office to decide whether such a mark is eligible for full certification through registration.

If a trademark is distinctive, unique, has not been registered before by any other party, and is in line with local laws and practices, then the likelihood of acceptance is high. NO absolute confirmations can be provided regarding trademark acceptance.

A conditional acceptance is when a trademark is accepted under certain conditions provided by the Trademark Office, whether such conditions relate to formality requirements such as submission of missing documents or substantive requirements such as disclaiming rights to part of the mark to maintain a mark registration the applicant should respond to the conditional acceptance. Otherwise, a trademark application will be considered withdrawn.

A trademark office may request an applicant to disclaim certain rights relating to a trademark, especially when it is a dictionary word and cannot be monopolized by one applicant.

In some Arabic countries, local trademark examiners request that an applicant associate marks that are similar or identical, thus ensuring that the ownership of the marks is related. Therefore, an applicant can't assign one mark and not the other.

When filing to register a trademark, the Trademark Office examines your application, in that process, they might reject it based on absolute or relative grounds or both, depending on the local laws and practices. A rejection does not imply that a trademark will not be registered. It hints that the trademark examiner believes there are risks associated with this mark and requires the applicant to provide further information or notice on that.

When filing to register a trademark, the Trademark Office examines your application. In that process, the local laws are revisited, and the mark is examined on absolute/relative grounds. Once the trademark passes the examination, is published for third parties, and the registration fees are complete, it is considered granted to the applicant, usually referred to as a registered trademark.

During the trademark publication period, any interested party may oppose the registration of the trademark, citing the reason for the opposition. This is called an opposition or an objection to the published mark.

As trademark registrations have finite durations, before the expiration of the trademark registration, an applicant should renew a trademark to maintain it.

Trademark renewal is done during the last year of protection. In some countries, a grace period is provided for late renewal. However, this calls for additional penalty charges for late renewals.

A trademark is abandoned if; -Not all formal requirements and deadlines have been met (such as the use or submission of documents); or -Not all the fees were settled; -If the trademark was not renewed within the grace period.

The assignment of a trademark is when the ownership of the mark is transferred from one company or individual to another. This means that the trademark holder assigns the trademark to another party within the period of validity of the registered trademark according to the legal procedures.

An assignor of trademark rights is a person/legal entity that transfers the rights of a trademark to another owner.

An assignee of trademark rights is a person/legal entity to which a right to use a trademark registration is being legally transferred to them.

To enforce trademark rights, applicant details should be updated. Therefore, it is advisable to maintain an updated record for trademark owners, including the owner's name and address.

Trademarks rights are jurisdictional rights afforded through the process of registering a trademark. These processes, procedures, and rights are governed by trademark laws in each country. There are also international treaties signed by multiple countries to harmonize trademark laws across jurisdictions.

Trademark rights are jurisdictional rights afforded through the process of registering a trademark locally. Different countries have different governing bodies regulating trademark rights and intellectual property rights. In the Middle East, trademark rights are protected and governed by the ministries of economy and other specialized IP offices. For more, refer to our community.

Using a trademark within the past three to five years is required to maintain and enforce trademark rights. While this is a generalization, many countries, especially Arabic countries, have a less rigid application of the use requirement. We advise using the mark to avoid any contestation in the ownership of it.

Cancellation of a trademark means that the trademark passed through all the phases, was registered then was canceled from the registry, either because:

• A third party filed a cancellation action; or
• The trademark was not renewed or updated; or
• The trademark was not used (not applicable in all jurisdictions); or
• An owner of a trademark requests to cancel it from the registry. Trademark cancellation procedures are different depending on jurisdiction and may be administrative proceedings or legal ones depending on the jurisdiction.

WIPO is the world intellectual property Organization, a self-funding agency of the United Nations with 193 member states. WIPO acts as the global forum for intellectual property (IP) services, policy, information, and cooperation. (Refer to our community)

A trademark is considered an intangible asset that can be amortized if the trademark was purchased through a merger or an acquisition. This, however, depends on the specific accountancy laws.

No trademark registrations in the UAE are federal registrations that cover all seven emirates in the UAE namely; Abu Dhabi (which serves as the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah, and Umm Al Quwain.