Intellectual property - IP: Refers to the legal rights that protect creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs. The four main types of intellectual property are patents, trademarks, copyrights, and trade secrets. These rights are intended to encourage innovation and creativity by allowing creators/innovators and inventors to control and benefit from the use of their work. By granting exclusive rights, intellectual property laws inc ...
A Trademark is a type of intellectual property right that is afforded to brands which are in a form of a word, phrase, symbol or design that identifies your goods and services and distinguishes brands from competitors. Read more on types of trademarks, how to protect them, and what rights you will receive. Trademarks can include logos, names, phrases, sounds, colors, or even scent and touch. They serve as a source identifier for consumers, allowing them to easily identify and associate a partic ...
A patent is a legal document that grants an inventor exclusive rights to use an invention. All patents are inventions but not all inventions are patents. A granted patent allows inventors and innovators to prevent others from making, using, selling or profiting from the patent without the proper approval for a specified period of time. For an invention to be considered a patent it should be filed and protected with a patent office, or a patent and trademark office which is a government agency. ...
Copyright (or author’s right) is a type of intellectual property and a legal term "Copyright" to describe the rights that creators have over their literary and artistic works, ranging from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings and certain other intellectual works. In order for someone to use a copyrighted work, they typically need to obtain permission from the copyright owner. This permission may come in the ...
A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. A geographical indication (GI) is a type of intellectual property right that defines a geographical source of a product or a service. Showing products with specific traits or a reputation that can be traced back to that location. GIs are u ...
Trademark and copyright are both forms of intellectual property, but they protect different types of assets and have different registration requirements. Overall, copyright protects literary and artistic materials and works, such as books and videos, and is automatically generated upon creation of the work. A trademark, on the other hand, protects items that help define a company brand, such as a business logo or slogan, and require more extensive registration through the government for the gre ...
According to Merriam-Webster’s dictionary Goodwill is: 1. “The favor or advantage that a business has acquired especially through its brands and its good reputation. 2. The value of projected earnings increases of a business especially as part of its purchase price. 3. The excess of the purchase price of a company over its book value which represents the value of goodwill as an intangible asset for accounting purposes.” From a trademark perspective, goodwill is interchanged with re ...
Service mark is a form of intellectual property protection, the mark prevents competing businesses from using names and insignias that could potentially confuse consumers. Unlike trademarks which identify the source of goods, a service mark identifies the provider of a service and may consist of a word, phrase, symbol, design, or some combination of these elements. A service mark is a type of trademark that is used to identify and distinguish services provided by an individual or a business. It ...
A trademark is a word, phrase, symbol or logo that is used to brand, identify, and distinguish a product. A service mark (or servicemark) is a word, phrase, symbol or logo that is used to brand, identify, and distinguish a service. The TM and SM designations are placed with trademarks and service marks to show that the owner has started the registration process. Both trademarks and service marks serve the purpose of protecting the brand and reputation of the mark holder and help prevent others f ...
A word mark is a trademark which is simply typed in standard character without regard to the font, style, size or color. In a trademark application for a word mark, you are essentially seeking registration of the wording (or lettering) without regard to its style, design, font or any graphic features. In other words, you are protecting the wording, and not the logo. ...
A word mark is a type of trademark that consists of a single word or combination of words, used to identify and distinguish the goods or services of one company from those of another. Protecting a word mark can provide a number of benefits to a business. First, it helps to build and maintain brand recognition and goodwill with consumers. Second registration of a word mark provides broader rights and basically protects the wording of the mark regardless of its style. Thus, applications for word ...
If filing for a design mark, you will need to decide whether or not you will claim colors. If color is not claimed, then the mark should be filed and protected in black and white but your usage of the mark may be in any color. If color is claimed, then you must file a color version of the mark and use the exact colors and color combination as those applied for in the application. ...
Many countries accept color to be registered as a trademark, such as Tiffany blue, Galaxy silk brown and Valentino red. Color marks are much harder to register and require fame to succeed in registration. ...
Design mark is used to register a logo, design, graphic or image. It also, includes wording or not, such as a stylized logo, then you would apply for a design mark. A design mark provides protection for the exact design being protected. Therefore, changing the design may warrant the filing of a new trademark application. ...
A trademark can be a logo or a word. Registering your logo as a trademark is important because in some instances your customers will be able to identify your brand from your logo alone. A good logo can aid in creating brand awareness and recognition in the marketplace. Protecting your logo with a trademark is crucial in maintaining and increasing brand equity. ...
Easy Trademarks advise registering the trademark in the language it will be used and in the official language of the country of interest. In the Arabic countries, we advise registering the mark in Arabic and English as in most countries, signage should reflect the Arabic as well as the Latin characters. Also, any registration mark application that doesn't include English language, should have an English translation. ...
In a trademark application for a standard word mark, it does not matter whether the letters are drawn in uppercase or lowercase letters. Therefore; size, capitalization, upper or lower case won't matter in the trademark application. ...
A slogan is a memorable phrase used to persuade customers and ensure they remember the product / service being sold. Slogans are used to promote the brand of your company and it is by applying for a trademark protection. ...
Yes a slogan can be registered, however due to the nature of the words being generic, it may take longer to protect and may face office action, unless the below conditions are met; - The slogan being registered as a trademark is fundamentally creative and distinctive. - The slogan has been extensively used and has another meaning that immediately calls a product or service to mind. ...
You can trademark your name if you intend to use it in selling goods and services. However even if you registered your name as a trademark, in most instances you are not able to stop others from registering or using the name as it is theirs. Therefore, it would be a good idea to come up with a more distinctive and unique trademark when setting up a business. Some common names may not registrable and therefore you cannot claim rights to it. We have written an article on the use of family names, f ...
You can trademark any word or phrase you would like as long as it is distinctive and unique. Weather it is a company name or a brand name or a domain name. In some countries, you are required to register a trademark locally in word format in order to retrieve the country level domain name. ...
The ® symbol can only be used when a trademark is registered, you have received the certificate of registration. This mark is restricted to use on trademark registrations only. It is important to use the symbol correctly, as improper use can result in legal consequences. If you are unsure about how to use the ® symbol, it is recommended that you consult with a trademark attorney or other legal professional. If you need more details please check our article about what symbol should i use for m ...
The ® symbol has typically placed in the upper right hand corner or lower right hand corner of a registered mark. The ® symbol is not included when filing the application for trademark registration. Using the ® symbol properly is important to protect your trademark rights and prevent others from using your trademark without permission. If you need more details please check our blog What symbol should i use for my Trademark? ...
The ™ Symbol is used to show that a trademark filing is under process. If your trademark is not registered, TM is used for goods. Therefore, The TM symbol is used for trademarks which are either under process, or have not been filed yet, and specifically for a trademark which relates to goods not services. Once your trademark is registered with the relevant government agency, you can replace the ™ symbol with the ® symbol to indicate that your trademark is officially registered and protec ...
There are many types of trademarks to help in protection of your trademark: Trademark, Service Mark, Word mark, Design mark, slogan, certification mark, or collective mark. If you need more details please checkout our blogs on What is the difference between a trademark and a service mark. ...
A certification mark is a trademark used to demonstrate a particular product or service complies with a certain set of standards. It serves to suggest that a person's goods or services have particular traits or match to requirements or standards established by another person (who may or may not be the owner of the certification mark). Once a certification mark is registered, it can only be used by products or services that meet the relevant standards or criteria. Unauthorized use of a certificat ...
A collective mark is a trademark used or intended to be used, in relation to goods or services in the course of trade by members of an association, to distinguish those goods or services from others provided by persons not members of the association. ...
In the absolute, if you are not a resident or citizen of a country then you should assign a local lawyer or agent to file a trademark on your behalf. Whether or not you need a lawyer or local representative depends on the country and your residency status in that country. In most countries, if you are a resident or citizen of a country you as an individual can visit the trademark office physically or online go through the process and register your trademark. By completing our platform and respon ...
Yes if you are a resident of the country and able to visit the trademark office then surely you can register a trademark without a lawyer or a legal representative. This however is not recommended as communication regarding infringements or any communication from the trademark office may not be received on a timely basis. You can check out our blogs to know about online trademark tools Or Robot Lawyer US Court. ...
Trademarks are jurisdictional rights; therefore, each country/jurisdiction can provide a certificate relating to a trademark and protect it. Therefore, whether or not a trademark can be registered depends on the specific trademark law / Intellectual property law of the country. In general, the below can't be registered as trademarks; • A mark having no property or distinctive character; • A mark that is generic, or simply a name given by tradition to familiar goods, products, services ...
A generic trademark, is a trademark or a brand that has become a generic term or synonymous with, a general class of product or service. Usually trademarks become generic when they become famous and widely used – such as (escalator, or band aid). You can check out our blog How to Create a Strong Trademark. ...
The Nice Classification (NCL) for trademarks was established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of marks. A new edition is published every five years and, since 2013, a new version of each edition is published annually. In addition, Nice Classification is mandatory for many reasons: First; for the national registration of marks in countries. Second, for the international registration of marks effected by the African ...
When protecting trademarks, an applicant has to decide what specific goods and services to protect the trademark will be applied on. These gods and services have been grouped into 45 classes based on the Nice agreement. The international classification of goods and services for trademarks is composed of 45 classes. Classes 1 to class 34 relate to goods and classes 35 to 45 relate to services. Trademark classification serves two functions: it provides a guideline for registering trademarks, and ...
There are 45 classes of goods and services and all Arabic countries use the nice classification of goods and services. refer to the Nice Classification www.wipo.int/classifications/nice/nclpub/en/fr/ or the trademark tool (trademark class finder and availability tool) which can assist you with choosing your class according to local availability. You can check out our video to know about how to choose your classes and check our blog to know if all classes are available locally. ...
It is a good idea to register your trademark to be able to use the mark freely, and stop others from using it, to build brand equity and value. In many countries, trademark protection is afforded to whoever filed the trademark first, and is in many cases a prerequisite to stop anyone else from using this trademark freely. In other countries, trademark protection is afforded for the first user, however if no complaint was filed against anyone who lodges a trademark then even if prior use was prov ...
For a startup or an entrepreneur going into a brand new business, registering a trademark would turn out to be very beneficial in the future, registering your trademark when starting a business and from the get go ensure that your mark is safe and cannot be infringed on; and therefore you will be protecting your mark from any theft, infringements or impositions. Registering your mark means you have the license to use this trademark on the registered goods and services in the jurisdictions that i ...
For a startup or an entrepreneur going into a brand new business, registering a trademark would turn out to be very beneficial in the future, registering your trademark when starting a business and from the get go ensure that your mark is safe and cannot be infringed on; and therefore you will be protecting your mark from any theft, infringements or impositions. Registering your mark means you have the license to use this trademark on the registered goods and services in the jurisdictions that i ...
A Trademark can be registered to an individual. Although it can be registered, an individual will not be able to trademark their own identity. However, it only provides protection to names that are commonly used during transactions or are unique and different. ...
Generally speaking, any individual whether local or foreign can register a trademark they own. There are very few countries internationally which do not allow individuals to own trademarks. the reason for this is to encourage homes based businesses to be incorporated and incurring taxes. In other countries, trademark registration in the name of individuals is only allowed for locals and not foreigners. Setting up a company is not required for trademark protection, you can register a trademark i ...
Selling or transferring ownership if your trademark is to be decided by the individual or company that owns the trademark. There are no legal restrictions to selling or transferring rights related to a trademark as long as you are the rightful owner. لإhe only conditions are that a trademark should be valid (alive), the trademark should be registered (not under process) and the trademark should have a registration certificate. Once you are ready to transfer the ownership of a trademark by se ...
A trademark search is a search for all trademarks which have been previously filed or registered in the country you are interested in. Trademark searches can be completed officially, conducted by the trademark office, or un-officially conducted on private databases. trademark searches can also have differing scopes depending on the reason for conducting the search. As trademarks are jurisdictional rights, a search is usually conducted at each intellectual property office (IPO) or trademark offi ...
An identical trademark search provides results of marks which are identical to the mark searched, in the language requested. An identical mark in another language or script, or on another class than the one searched for will not appear in the report. This type of search is important because if a proposed trademark is identical or similar to an existing trademark, it may lead to confusion among consumers and may result in legal disputes. If any identical or similar trademarks are found, the propo ...
A similar trademark search provides results of marks, which are similar in pronunciation or look to the mark searched, in the language requested. Also, a similar trademark search will not yield results on similar classes, it will only provide results in the class requested. If any similar trademarks are found, the trademark search professional or attorney will review the search results and assess the potential risk of confusion. They will consider factors such as the similarity of the goods or s ...
A knockout search provides results of marks, which are identical or HIGHLY similar, providing the applicant with an indication of the risk associated with proceeding with this application. A knockout search typically only examines the mark's wording, not any graphic or design elements. Searching for design elements can be done through third-party services. ...
Some trademark searching can be done using the USPTO Web Trademark Database: US federally registered trademarks and pending registrations. Be sure to read and understand the scope notes, help screens and disclaimers before conducting your search. Therefore, every trademark registered or applied for in the U. S. is kept in a database known as the Trademark Electronic Search System (TESS). Each TESS record contains a number of major elements of the mark. Information can be found by searching each ...
A trademark search is usually cheaper than a trademark filing, so it provides you with visibility on whether or not the trademark will proceed to an acceptance or not. Even though a trademark search is not as extensive as examination at the trademark office, it still gives insights on – who is using a similar mark, what the risks involved with using or registered the trademark are. ...
For trademark searching to be effective, you have to have a couple of trademarks you are interested in. You also have to have an idea of what you will be using the trademark on what class meaning the goods or services you are interested in. Finally, you should know what jurisdiction or country you would like to protect your trademark in. It is also advisable to complete a trademark search right before you would like to file for protection. A delay in filing a trademark means that the time frame ...
In general, you can search by image or logo or word or phrase or number or symbol, however due to limitations in technology searching by image does not yield to accurate or necessarily usable results. Summary, you can search by image, logo, word, phrase, number, or symbol; however, because of modern technology constraints, browsing by image doesn't always give precise or usable results. By conducting a search for logo trademarks, you can find existing trademarks that are identical to or very sim ...
Trademark watching entails monitoring official gazettes and flagging potentially conflicting applications that are either Identical or similar which may confuse the average consumer. Trademark watching is a cost effective way to scan the market and enforce trademark rights before going to courts, through oppositions at the trademark office. A trademark watch service is important because it allows trademark owners to monitor and protect their trademarks against potential infringement. By receivin ...
The trademark registration process varies from one country to the other and are dependent on the specific laws of the country. In general however, trademark registration involves 3 key steps by the applicant (owner of the trademark); - Filing a trademark application - Publishing a trademark application - Issuing the certificate proving trademark registration. To know more check out our User Guide on how to register your trademark ...
Trademark applications are completed and submitted at the trademark office along with the required documents and settlement 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 settled and the mark will be issued in the official gazette. • Conditionally accept the ...
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 claimed. Each country has its own 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 east countries. To check whether classes are available locally refer to – Are all classes available locally? and how to choose your classes. ...
Besides it being too expensive to register a trademark on all classes, to remain effective, registered trademark should be used. Therefore, if you have registered a trademark and have not used it other parties can file a claim to cancel the registration because you are not using the trademark. The decision to register a trademark on all classes should be based 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 trademark. Registering a trademark entails selecting the class and specific goods and services which 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 ...
When registering a trademark in a jurisdiction signatory of the Paris Convention, an applicant is allowed to “claim priority” to an earlier mark therefore using the details and effective date of an earlier mark as long as the earlier mark is filed no later than 6 months prior. Priority registration is important in trademark law because it helps to establish the ownership of a trademark, and it can also prevent others from using or registering a confusingly similar mark. ...
To claim priority in a 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 in order to claim priority sometimes including legalization and translation of the original application. Priority is claimed through filing, when a company or individu ...
An applicant is the company or individual that is applying to register a mark. The applicant name and address have determined by official documents such as passport 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 wither on the Company registration document or an official document issues from the related authority specifying. ...
When filing a trademark, the application will usually ask you to include a description if the trademark is composed of one or many words, you can simply state their meaning, if the trademark include a logo or an image or any symbol or number then you have to describe it as if in full details with colors and shapes and number and symbols. ...
Generally speaking, using a hyphen or a number in a trademark does not increase or decrease the value of the trademark, nor does it have an impact on whether the trademark will be accepted or rejected it. It is also generally not prohibited and does not affect the trademark examination process. However, it is important to note that the use of a hyphen or a number in a trademark may affect its distinctiveness and registrability. Trademarks are typically more distinctive and easier to register if ...
An International Registration allows trademark owners to register their trademarks with a single, uniform application through a centralized filing system with the ability to designate multiple countries (contracting parties). The system 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 International Registration of mark refer to - What ...
A trademark should be registering where it is intending to use it to sell services and or products. A person seeking to own a trademark should determine where they are performing company (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 10 years from the date of filing and can be renewed for an indefinite period of time 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 in a timely manner to avoid losing their trademark rights. To check the length of tra ...
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 the mark and obtain compensatory damages for the unlawful use. To know more about how to protect your brand from infringements please refer to- Startup Mindset: The Four types of Intellectual Proper ...
Trademark disputes are all types of quarrels whether taking place at 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 rightful economic beneficiary of a trademark is or whether use of a certain mark constitutes an infringement or not. Trademark disputes may either be resolved at the trademark office, at court or through out of co ...
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 standard of the local laws and regulations. 3- if all the documents needed were properly 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 renew a contract. But a trademark needs to be renewed every ten years. Renewal applications must be submitted prior to the deadlines. In order to renew a trademark, it should be an active trademark and still in use. To know more about how long does a trademark renewal last please refer to - How long does a trademark renewal la ...
" The renewal application should be filed within the last year of the valid protection period, or within the local grace period provided, however this may be subject to late penalty fees. Th renewal application along with the supporting document and renewal fees are submitted to the trademark office. Within 1 month from filing the renewal application, the trademark office will provide a decision and the applicant may proceed with settling publication fees in order to finalize the renewal proced ...
A trademark assignment application and related fees should be submitted to the trademark office. Once all the documents are available these should be submitted the trademark office examines the documents and issues a decision. Once accepted, publication fees along with the publication application should be submitted for publication in the official gazette. Following publication, the certificate proving the assignment can be issued if required otherwise or no. ...
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 which is used to follow up a trademark and make sure the examination process is taking place in a timely manner. The format of the filing number can vary depending on the country or region where the application is filed, 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 that is approved for re ...
In some countries the filing number is different from the registration number, however most countries are now moving towards having the filing number and registration number be the same. 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 nu ...
The filing date of the trademark is the date the trademark was submitted to the Trademark office for the purpose of 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 protected from the date of filing. However as trademarks are jurisdictional rights, this depends on the country. A trademark is protected from infringement when it is registered with the relevant authority in the jurisdiction where protection is sought. In general, a trademark is protected from the date of registration and for a period of time specified by the jurisdiction's laws, which typically ranges from 5 to 10 years. Once registered, the trademark owner has the ex ...
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 businesses 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– What is the publication period of the trademark? ...
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 ...
A trademark publication period depends on the jurisdiction. And usually ranges between 1 month to 4 months in the Arabic countries. Your trademark application will be available to 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– What is the publication period of the trademark? ...
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 a registration of the mark 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 previously 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 a trademark is a dictionary word and cannot monopolized by one applicant. ...
IN some Arabic countries, local trademark examiners request that an applicant associate marks which are similar or identical, therefore ensuring that the ownership of the marks are related. Therefore, an applicant will not be able to 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 a trademark, 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 registered, it implies that the trademark examiner believes there are risks associated with this marks 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 trademark is examined on absolute and/or relative grounds. Once the trademark passes examination and is published for third parties, and the registration fees are settled it is considered granted to the applicant. usually referred to as registered trademarks. ...
During the trademark publication period, any interested party may oppose the registration of the trademark citing the reason for the said opposition. This is referred to as an opposition or an objection to the published trademark. ...
As trademark registrations have finite durations, prior to the expiration of the trademark registration an applicant should renew a trademark to maintain it. ...
A trademark renewal is usually 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 considered abandoned if; - Not all formal requirements and deadlines have been met (such as use, or submission of documents); or - Not all the fees were settled; or - If the trademark was not renewed within the grace period. ...
The assignment of a trademark, is when the ownership of the trademark is being transferred from one company or individual to another. This means that the holder of a trademark 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, which 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. ...
IN order to enforce trademark rights, applicant details should be updated. Therefore, it is advisable to maintain an updated record for trademark owners, including the trademark owner 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 with an aim to harmonize trademark laws across jurisdictions. For more info, (link to laws page). ...
Trademarks 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. (Refer to our community) ...
In general, using a trademark within the past three to five years is required for maintaining and enforcing trademark rights. While this is a generalization, many countries especially Arabic countries have a less rigid application of the use requirement. We advise use of the mark in order to avoid any contestation in the ownership of the mark. ...
Cancellation of a trademark means that the trademark passed through all the phases, was registered then was cancelled from the registry, either because: 1) A third party filed a cancellation action; or 2) The trademark was not properly renewed or updated; or 3) The trademark was not properly used (not applicable in all jurisdictions); or 4) An owner of a trademark requests to cancel it from the registry. Trademark cancellation procedures are different depending on jurisdiction and may be ...
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 which can be amortized only 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 which cover the all the seven emirates in the UAE namely; Abu Dhabi (which serves as the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. ...
No the GCC only accepts patent applications; there are no regional alliances or councils which allow the registration of a trademark in multiple jurisdictions simultaneously. ...
There is no difference between a design mark and a logo which is registered as a trademark. A design mark can also consist of an image. ...
The implication of missing a deadline relating to a trademark application depends on the country. In some countries deadlines can be extended by filing an extension of time, in other countries, the applicant may incur penalty charges for delays and in other countries trademarks may lapse if deadlines are missed. Refer to country specific user guides. ...
Apostille: is an authentication which verifies the seals and signatures of officials on public documents such as birth certificates, court orders, or any other document issued by a public authority so that they can be recognized in foreign countries that are members of the 1961 Hague Convention Treaty. Refer to https://www.gsccca.org/notary-and-apostilles/apostilles/hague-apostille-country-list Notarized: is an authentication by a notary public who is qualified by the state in the country of ...
A sworn translation is a translation completed and authenticated by a translator authorized by the state. ...
As sworn translation is an authenticated translated document, while a normal translation is completed by an individual fluent in the language and it does not have to be authenticated. ...
A power of attorney is a legal authenticated document by which the local agent is authorized to represent the applicant for their Intellectual property matters in a specific country. ...
A commercial certificate is a legal document/license relating to the formation of a company or corporation. It is a license to form a corporation issued by state in, which the company was established. A Commercial certificate is sometimes interchanged with a trade license, a certificate of good standing, or a certificate of incorporation. ...
Yes, however you will need to file an amendment request, and settle the required fees. (refer to country specific procedures) ...
Yes, you can always request to cancel your trademark registration by submitting a cancellation application. ...
Yes, you can register a sound mark as a trademark in some countries, however this is dependent on their local country specific Intellectual property office procedures and regulations. (refer to country specific procedures) ...
The trademark protection period in Qatar is 10 years. ...
The trademark protection period in Libya is 10 years. ...
The trademark protection period in UAE is 10 years. ...
The trademark protection period in Iraq is 10 years. ...
The trademark protection period in Bahrain is 10 years. ...
The trademark protection period in Morocco is 10 years. ...
The trademark protection period in Lebanon is 15 years. ...
The trademark protection period in Kuwait is 10 years. ...
The trademark protection period in Algeria is 10 years. ...
The trademark protection period in Saudi Arabia is 10 Hijri years. ...
The trademark protection period in Yemen is 10 years. ...
The trademark protection period in West Bank is 7 years. ...
The trademark protection period in Gaza is 7 years. ...
The trademark protection period in Tunisia is 10 years. ...
The trademark protection period in Jordan is 10 years. ...
The trademark protection period in Egypt is 10 years. ...
The trademark protection period in Oman is 10 years. ...
The trademark protection date in Qatar begins on the Filing date of the Mark. ...
The trademark protection date in Libya begins on the Filing date of the Mark. ...
The trademark protection date in UAE begins on the Filing date of the Mark. ...
The trademark protection date in Iraq begins on the Filing date of the Mark. ...
The trademark protection date in Bahrain begins on the Filing date of the Mark. ...
The trademark protection date in Morocco begins on the Filing date of the Mark. ...
The trademark protection date in Lebanon begins on the Registration date of the Mark. ...
The trademark protection date in Kuwait begins on the Filing date of the Mark. ...
The trademark protection date in Algeria begins on the Filing date of the Mark. ...
The trademark protection date in Saudi Arabia begins on the Filing date of the Mark. ...
The trademark protection date in Yemen begins on the Filing date of the Mark. ...
The trademark protection date in West Bank begins on the Filing date of the Mark. ...
The trademark protection date in Gaza begins on the Filing date of the Mark. ...
The trademark protection date in Tunisia begins on the Filing date of the Mark. ...
The trademark protection date in Jordan begins on the Filing date of the Mark. ...
The trademark protection date in Egypt begins on the Filing date of the Mark. ...
The trademark protection date in Oman begins on the Filing date of the Mark. ...
Value depends on market check out the Forbes ranking for Forbes https://www.forbes.com/the-worlds-most-valuable-brands/ ...
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration cove ...
Our website provides a comprehensive approach to registering a trademark. What you need to do is just fill in the forms and submit the documents needed and we will do the work for you. Its hassle free and cost effective. Even if you choose not to go with the optimum service, you will receive excellent service, and we will make the process of registering a trademark quick and effortless. ...
In general, you can trademark your name, however there are multiple concerns with doing so. We have written an article on the use of family names, feel free to go through it and then you can decide if you would like to use your name or family name as a trademark. https://easy-trademarks.com/en/details/To-trademark-or-Not-to-trademark-your-Name ...
A sole proprietorship is a business that can be owned and controlled by an individual, a company or a limited liability partnership. There are no partners in the business. The legal status of a sole proprietorship can be defined as follows: It is not a separate legal entity from the business owner. ...
A partnership is a formal arrangement by 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 management of the company, 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 because it furthers a social cause and provides a public benefit. ...
A co-operative is a legally incorporated corporation that is 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 as such in law. A corporation is always a company but a company is not necessarily a corporation. ...
Trademark publication period in Qatar is 120 days. ...
Trademark publication period in Libya is 120 days. ...
Trademark publication period in UAE is 30 days. ...
Trademark publication period in Iraq is 90 days. ...
Trademark publication period in Bahrain is 60 days. ...
Trademark publication period in Morocco is 60 days. ...
Trademark publication period in Lebanon is 3 month if the logo black and white, and 6 months if the logo is coloured. ...
Trademark publication period in Kuwait is 60 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. ...
Trademark publication period in Saudi Arabia is 60 days. ...
Trademark publication period in Yemen is 60 days. ...
Trademark publication period in West bank 90 days . ...
Trademark publication period in Gaza is 90 days . ...
Trademark publication period in Tunisia 60 day. ...
Trademark publication period in Jordan is 90 days. ...
Trademark publication period in Egypt is 60 days. ...
Trademark publication period in Oman is 60 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; (1) You should be a natural person who is a resident or a national of a Contracting Party to the Madrid Agreement or Madrid Pr ...
In order to be able to file an international trademark, the applicant should be a resident or national of a country which is member to the Madrid Union (the Madrid Protocol or Madrid Agreement). Below are the list of members to the Madrid Union as of January 2022: Afghanistan African Intellectual Property Organization (OAPI) Albania Algeria Antigua and Barbuda Armenia Australia Austria Azerbaijan Bahrain Belarus Belgium Bhutan Bosnia and Herzegovina Botswana B ...
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 completely understandable why, but it is important to differentiate the two in order 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 ...
The short and conservative answer to your question on whether you can use a third party's 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 type 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 then this may also ...
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 providing guidance on trademark law. Trademark rights are jurisdictional rights afforded b ...
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) or not is a question many entrepreneurs ask. As a start, in accounting ...
Trademark search helps you find out whether anyone else has prior rights to your proposed trademark. Searches are usually cheaper and quicker than filings, and help you determine if your application will have chances for success. This step is not required but highly recommended before any trademark application is filed in the UAE. ...
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 out of your trademark It’s important 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 ...
Unless you plan on using your logo’s as it is in all your uses and for the indefinite future, you should register the logo and words separately. A name and logo together are called a design plus word trademark (combined). Trademarks filed as design + word must use that exact combination in relation to all its goods/services. It’s customary that you file your name and logo separately that way you can use the word phrase in any style you choose without losing your rights. If you have a tight b ...
Officially, you would not be able to register a proper name such as yours or your family name, as a trademark. Nonetheless if you can show that your name or family name has become identified in the minds of the public with your specific goods and/or services. ...
In general in order to register a trademark in the UAE; a- The trademark should be unique, not descriptive. b- The trademark shouldn’t be offensive against public morals and religions c- The trademark should not contain public symbols (such as flags) d- The trademark should not be a name or titles of third parties cannot be used e- The trademark should not be a direct translation of other well-known trademarks are also not allowed ...
If two people are using 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. 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 which covers all countries. A trademark owner who wishes to protect their trademark in all the Gulf countries will have to file a separate national application for each country. ...
Yes. Slogan can be filed and will be treated as a trademark. ...
When applying to register a trademark with the USPTO – the USPTO requires that you submit a proof of the actual use of your trademark to sell your products and or your services. This could be shown through an existing website where you sell your services or product, or a product sample that is actually being sold. Acceptable specimens are images of your products, or in the tags, or product labels that show your trademarks. As for services, you can include the website that you use to provide ...