Trademark rights in UAE are based on the trademark’s use. Prior to using a mark in identifying a specific product or service, there’s a need to perform a clearance search. A clearance search or trademark search determines whether there’s an existing mark. If there is an existing mark that is already registered — it’s likely similar or the same as to what you want to use. Here is how to conduct a trademark search for a business startup in UAE.
Similar to a trademark in the US — a Trademark search in UAE is also referred to as due diligence search. It’s a systematic search of unregistered and registered trademarks that:
- Are being utilized anywhere in the world or country, where applicable;
- Are similar or the same as the trademark that you plan on using or registering;
- Are being utilized for similar or the same products and/or services;
- Are likely to confuse consumers with regards to the source of the products and/or services
It is very essential to keep proper records of the progress and process of the trademark search (in UAE — farahatco dot com; a trademark searching service). The date that the search has been conducted should also be noted as well as the words, codes, and terms that are used in the search. Also, don’t forget to record the database that was scanned and the trademarks that have been found from the search.
Make a Trademark.
Brainstorm a name for the mark or sketch a logo design. It is an excellent idea if you generate several different logos or names just in case the first choice is in use already by another person or entity.
Provide a Description for the product or service that will be covered by the Mark.
When applying for UAE trademark registration which is done with the UAE Ministry of Economy, you will need to identify products or services that are covered by the mark.
Utilize the resources available in identifying acceptable terms which describe certain products and services.
Highlight all the Related Products or Services.
To make the most use of a mark, related products and services are also to be identified. Products and services will be considered as related by the authorities if they are:
- Used together – hockey sticks and ice skates;
- Sold together – underwear and socks;
- Made with similar materials or ingredients – butter and cheese
Identify Design Codes.
Design codes are identified for marks that have design elements in them. If the trademark incorporates a logo or design, the trademark search should include a search for designs that are confusingly similar.
Utilize the resources available (e.g., the services of a local or international trademark specialist) to identify appropriate codes for every single prominent design element within your trademark.
You will also want to carefully review all guidelines for every one of the codes.
To give you an example, if the trademark has a penguin that is sporting a bow tie, then the search codes must be identified for penguins in costume, bow ties, ties, silk scarves, etc. You should carefully watch these design elements whether in the U.S. or any other country. Respect whichever country design codes you are implementing.
Scour Registries for Registered Marks and Pending Applications.
Choose a trademark database, then search the specific works in the mark you plan on registering. Look out for exact matches, then move on to expanding your search with the use of words which sound like your trademark. Don’t forget to include spelling variations and similar meanings.
Scan results you uncover for trademarks that are already registered for the same or similar products or services that you are or will be putting on the market.
You can also conduct a combined mark search using the mark and the products or service terms. The search may also include international class code. Especially if the mark has design elements in it, the search for design codes as mentioned earlier.
Review the Trademark Status.
For every relevant mark that you have uncovered along the way, check the ownership information and current status. You may catch a trademark that has already expired and is not in use any longer by the trademark holder. These elements or trademarks, you may be able to use or acquire depending on the lapse of status.
If Possible, Expand the Search.
A comprehensive trademark search includes common law marks or unregistered trademarks, as well as trademarks that are registered at state or provincial levels.
Resources that you can scour include:
- social media sites
- internet search engines
- domain name registries on the internet
- yellow pages
- business directories
- national trademark databases
- business name registries
- e-commerce sites
- product catalogs
- trade publications
- trade associations
- local shopping malls
There is a need for a vast scope of search and accuracy to make sure that a trademark search performed is effective.
The trademark specialists in Farahat & Co can help ensure that your search results are reliable as they utilize several different strategies and technology in conducting a thorough search.
Expand your brand today.