FaQ’s

A partnership is a formal arrangement between two or more parties to manage and operate a business and share its profits. There are several types of partnership arrangements. In particular, in a partnership business, all partners share liabilities and profits equally.

A Limited Partnership is a business entity that consists of one or more General Partners, whose responsibilities include daily company management, and one or more Limited Partners, who do not participate in management. A General Partner may be an individual or an entity, such as a corporation.

A limited liability company (LLC) is a business structure whereby the owners are not personally liable for the company's debts or liabilities. Limited liability companies are hybrid entities that combine the characteristics of a corporation with those of a partnership or sole proprietorship.

A nonprofit organization is a business that has been granted tax-exempt status by tax authorities by advancing a social cause and providing a public benefit.

A co-operative is a legally incorporated corporation owned by its members, who use the co-operative's services or products. They can and do provide virtually every product or service and can be either for-profit or non-profit enterprises.

A Corporation is a large company or group of companies authorized to act as a single entity and recognized in law. A corporation is always a company, but a company is not necessarily a corporation.

The trademark publication period in Qatar is 120 days.

The trademark publication period in Libya is 120 days.

The trademark publication period in UAE is thirty days.

The trademark publication period in Iraq is ninety days.

The trademark publication period in Bahrain is sixty days.

The trademark publication period in Morocco is sixty days.

The trademark publication period in Lebanon is three months if the logo is black and white, and six months if the logo is coloured.

The trademark publication period in Kuwait is sixty days.

There is no trademark publication period in Algeria after filing. If the mark is accepted, the certificate is issued, no publication period or opposition in Algeria.

The trademark publication period in Saudi Arabia is sixty days.

The trademark publication period in Yemen is sixty days.

The trademark publication period in West bank ninety days .

The trademark publication period in Gaza is ninety days .

The trademark publication period in Tunisia sixty day.

The trademark publication period in Jordan is ninety days.

The trademark publication period in Egypt is sixty days.

The trademark publication period in Oman is sixty days.

Trademarks are jurisdictional rights, so you have to protect your trademark in each country you would like to use or protect the trademark in. There is a way to protect your trademark internationally, called the Madrid system; however, you still need to choose what countries to protect the trademark in, and you have to meet certain conditions to be able to use this system;

• You should be a natural person who is a resident or a national of a Contracting Party to the Madrid Agreement or Madrid Protocol; OR
• You should be a legal entity that is established and has significant operations in a Contracting Party to the Agreement or the Protocol.

Choosing what countries you wish to protect the trademark in is required whether you choose the Madrid route (international trademark application) or the national registration route. Choosing the Madrid route is not always the most effective way to protect your trademark, brand, or logo, as not all countries are party to this system, and depending on the country you are choosing and the trademark, it may be more expensive, less effective, or more time consuming to utilize the Madrid system route.

To be able to file an international trademark, the applicant should be a resident or national of a country that is a member of the Madrid Union (the Madrid Protocol or Madrid Agreement). Here are the list of members to the Madrid Union as of January 2022.

Your brand represents your reputation and business in the public eye, whereas a trademark is the legal protection of these aspects that are specific and unique to your company. Many people interchange the use of trademarks and brands, and it is understandable why but it is crucial to differentiate the two to remember what parts of your brand are legally protected and monopolized and can be capitalized on and what parts are not. A quick and simple way to remember this is to remember the "all-but-not-all" rule, whereby all trademarks are brands, while not all brands are trademarks. Since trademarks are aspects of your brand which are specifically protected in a country and cover a specific list of goods or services, to maintain trademark protection and legal ownership, a trademark owner should proactively apply to register their trademark or renew their trademark upon expiry, regardless of whether a trademark is composed of an image, a color, a word, or a combination a trademark must be registered and renewed to remain enforceable. Registration takes place in each country/region independently. Make sure to register your trademark in your biggest demand and supply markets, such as the United States, Europe, Turkey, China, Egypt, or Saudi Arabia.

The short and conservative answer to your question on whether you can use a third-party logo on your website without getting prior consent is No. The longer explanation of the short answer is - It is very tricky to use someone else's logo on your website because many types of Intellectual property rights are invoked. When it comes to logos on websites, you are encroaching on both trademark fair use and copyright fair use. If the company's logo you are using is famous, this may also be recognized as such, which adds to the complexity of the matter. Trademark laws protect their owners from unauthorized use by others if such use is likely to lead to confusion. (will you be selling a similar product/service, and will your user be confused by the source of the product or service (assume that you are affiliated?). This is the first consideration among many. Second, the trademark dilution doctrine applies to famous marks and protects them from “tarnishing”, “blurring”, and “diluting’ with unauthorized use. Therefore under this doctrine, the scope of infringement widens if you choose to use a famous trademark logo on your site. Trademark Law Prohibits Infringement, False Advertising, Cyberpiracy, and Dilution. In general online use of third-party trademarks may lead to liability. Therefore it is recommended that you do NOT use a third-party trademark, whether it is a logo or other type of trademark on your website. You should ALSO seek a legal opinion from a lawyer in the country you are doing business in. This response can not be construed as a legal opinion.

Who Can Enforce Intellectual Property Rights? Intellectual property rights can not be enforced by anyone. Enforcement rights are granted by trademark laws in different countries and by case law (common law in these countries). If intellectual property rights have been infringed, then the first determination an IP owner must have is whether you have "standing" to sue under the law, in this case, we are guiding trademark law. Trademark rights are jurisdictional rights afforded by a country. Therefore the response to this question may change from one country to the other. But in general, the two parties who have standing to sue for trademark infringement are: 1. The owner of a trademark (registered or unregistered) may sue for trademark infringement. (the key question here is who is the owner of the mark, and how can they prove that) 2. The Licensee/franchisee of the trademark, (the owner of the commercial right to exploit the trademark) may also have the right to sue for infringement. However, this will depend on two factors, a. whether the contract you have signed to commercialize the trademark provides you with rights to sue. b. Whether the owner wants to sue or not. In some cases, if a trademark owner does not sue within a specific period, then the licensee can do so but should include the trademark owner in the proceedings. This response can not be construed as legal advice.

Registered trademarks refer to logos, designs, words, symbols, or a combination thereof used by a business to differentiate its products/services or its own identity from others in the market and thus identify the source, quality, and attributes related to products or services. Therefore, registered trademarks are assets of a business. Whether or not registered trademarks can be capitalized (included on the balance sheet) is a question many entrepreneurs ask. As a start, in accounting terms, when we refer to a trademark being capitalized that means it is recorded in the books of accounts (usually under intangible assets in the balance sheet) as an asset depreciates over time. The Financial Accounting Standards Board (FASB) rules, which are a part of the generally accepted accounting principles in the United States, govern the accounting treatment of trademark costs and allow for the capitalization of trademarks. The actual treatment of trademark costs however depends upon several factors: - The method used for developing the trademark (was the trademark acquired or developed? -The useful life of the trademark, -The fluctuations in its fair market value. One quick way for startups to capitalize their trademarks is to allocate the costs incurred to register a trademark as an intangible asset. Usually, intangible assets amortize throughout their expected useful life. However, as trademarks should retain their value forever, trademarks are not amortized. With that said, a company needs to reassess the value of its trademarks annually in case any of the value was impaired due to a brand crisis or otherwise. If the value of a company’s trademark has impaired compared to prior years, then an impairment loss should be recorded to readjust the value on the balance sheet to be reflective of the fair market value of the trademark

A trademark search helps you find whether anyone else has prior rights to your proposed trademark. These are usually cheaper and quicker than filings and help you determine if your application will have a chance for success. This step is not required but highly recommended before any trademark application.

If the trademark is similar and on the same goods/services, then the direct answer is most likely no, you will not be able to register it. Otherwise, the answer is a maybe, as the response depends on many factors. To get the most benefit, it’s crucial to ensure that the trademark is not already in use by any other brand, which may dilute your investments and efforts. We advise you to protect your trademark only when you are confident that the trademark you are protecting is unique to you and created by you.

Unless you plan on using your logo as it is in all your uses and for the indefinite future, you should register the logo and words separately. A name and logo combined are called a design plus word trademark (combined). Trademarks filed as design + word must use that combination with all its goods/services. It’s customary that you file your name and logo separately so you can use the word phrase in any style you choose without losing your rights. If you have a tight budget, start with a combination, but as soon as you have more budget, protect each part separately. For example, McDonald’s owns a trademark on the name “McDonald’s” and the logo of the golden arches, allowing them to use them in any combination.

Whether or not you can register your name as a family name depends on the country you seek protection in. However, in general, to protect your first name or family name as a trademark and make sure that it is a strong trademark, you will need to show that your name or family name has become identified in the minds of the public with your specific goods and/or services, in other words, has become famous on the goods and services. Some countries do not allow the protection of family names, while others require certain additional elements to prove the relationship with the family name, and others need proof of fame.

In general, to register a trademark in the UAE;

• It should be unique, not descriptive.
• It shouldn’t be offensive against public morals and religions
• It should not contain public symbols (such as flags)
• It should not be a name or titles of third parties cannot be used
• It should not be a direct translation of other well-known marks, which are also not allowed

If two people use the same trademark and neither is registered, each party would have common law rights that are limited to their geographical reach. However, if the geographical reach, as well as the field of goods or services, overlap one another, then the party who can establish an earlier date of use of the trademark would generally have “prior rights.”

Yes, the United Arab Emirates is a union of seven Emirates, and filing a trademark application will cover all these seven Emirates, namely Abu Dhabi, Dubai, Sharjah, Ajman, Umu-Al-Quwain, Fujairah & Ras-Alkhaimah.

No, this is not possible. There is no unified GCC trademark application that covers all countries. A trademark owner who wishes to protect their trademark in all the Gulf countries has to file a separate national application for each country.

Yes, a slogan can be filed and treated as a trademark.

When applying to register a trademark with the USPTO – the USPTO requires that you submit proof of the actual use of your mark to sell your products and/or services. This could be shown through an existing website where you sell your services or product or a product sample being sold. Acceptable specimens are images of your products, tags, or product labels that show your trademarks. As for services, you can include the website you use to provide your services, a service brochure you may have, and advertisements displayed or published in magazines or on billboards. Each trademark application for each class in the USPTO will require you to submit a specimen of use, to comply with providing a statement of actual use. In the case you have not provided any services, or have not manufactured any products, we will need to submit a statement of intent of use. If you do not file an actual statement of use at the time of filing, you will have six months after an examination to submit a declaration of actual use, which includes your specimen. This is required to complete your registration along with a fee. No fee is required if the statement of use is submitted at the time of filing. You can also ask for an extension of 6 months beyond the first six months period to submit the statement of actual use for an additional fee.

There are four main differences between federal trademarks and state trademarks: Scope of protection between federal and state trademarks: The most obvious difference is the scope of protection whereby a State trademark protects the trademark owner within the state while a federal trademark is nationwide in the United States and its territories. Issuing trademark authority: Federal trademarks are examined and issued by the USPTO, The United States Patent and Trademark Office, which is a federal agency for granting U.S. patents and registering trademarks in line with Article I, Section 8, Clause 8, of the Constitution "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Refer to the USPTO site for more information. On the other hand, state trademarks are issued and authorized by the Secretary of State in the state you are seeking protection in. Requirements to register: Federal trademark registration requires the current or intent to use a trademark across state lines or borders (internationally). Assumption of validity: A Federal trademark registration provides the trademark owner (applicant) listed on the trademark registration in the United States with ownership and validity of the trademark registration. While on the other hand, as state trademark registrations do not entail a federal examination if a federal mark exists before, then the state trademark is invalid. Therefore, owning a federal trademark registration is backed and holds much more weight in a court of law than state trademarks.

Yes, it is possible to register your trademark in all 52 states in the United States by filing a federal trademark application at the United States Patent and trademark office.

Publication of a trademark in the United States is usually for 30 days. During this, any member of the public who thinks they'll be harmed by the registration may oppose the trademark application. The 30 days can be extended by any party with a valid reason for opposing the trademark intended to be registered.

The protection starts from the date the trademark is registered.

Federal trademarks filed at the USPTO are protected for ten years, starting from their registration date. To maintain the 10-year validity, a trademark owner should submit use documents in year five and continue to pay renewal fees to maintain protection.

An Intent-To-Use trademark application (ITU application) enables an applicant to register a trademark before using it in commerce. An actual use trademark means that the applicant is using the mark in business in connection with selling or offering the relevant products or services you are filing it on.

Documents required for registering a federal trademark at the USPTO differ depending on the owner of the trademark being filed. If the mark is being filed in the name of a company incorporated in the United States then the required documents are: Application form, Applicant's address, identity proof copies, Letter of power of attorney. Proposed trademark's digital and print version Disclaimers Proof of use, or affidavit of intent to use If the trademark is being filed in the name of an individual resident of the United States, then the required documents are: Application form Proof of identity Proof of address Copy of the applicant's passport. Proposed trademark's digital and print version Disclaimers Proof of use, or affidavit of intent to use If the mark is being filed by a foreign entity based on registration or filing abroad, then the required documents are Application form Letter of power of attorney Certificate of registration (foreign) Proof of address Proposed trademark's digital and print version Disclaimers Proof of use, or affidavit of intent to use Refer to our templates and forms to download the templates, or start the process and the documents will be automatically downloaded and filled in for your completion!

Any document to support the request for filing a trademark at the USPTO can be submitted at filing, before you submit your application, or in response to an examiner's decision of office action. There are some documents required for submission before you can file the trademark and meet the minimum requirements.

It usually takes 12 to 18 months to complete the process, from submission of the trademark to the USPTO to issuing the certificate of registration. The process length depends on the trademark application, the list of goods, and the underlying disclaimers. Trademark registration is a complex process that involves several stages.

To keep a trademark registration current or in good standing, you must take steps to maintain it and keep it active. To begin with, you must be using your trademark commercially. In addition, you must submit certain documents periodically to prove that you are still using your mark. Refer to our USA Trademark User Guide.

Trademark law does not protect the functional aspects of products in the United States or anywhere in the world, so others are allowed to use a mark reasonably, such as descriptive purposes or comparative advertising, as long as they do not confuse consumers. In the United States, trademarks are not rights awarded and then forgotten. To maintain these rights, trademarks should continuously be used in commerce and enforced against third parties.