When I can use the trademark, do I have to wait for the completion of the registration process?

The use of the mark is something completely different from the registration procedure, as the registration is only to protect the mark from the use of others. The use of the trademark before registration is a legitimate thing if the mark is yours and not related to any other mark, and if its use does not constitute an infringement of the rights of others.

Should the trademark be registered?

No, it is not mandatory. Registration is to guarantee your rights and to prove the ownership of this trademark, otherwise, not registering the trademark may expose it to be misused, or be registered by someone under his name, which would prevent you from using it in the future.

How to register my trademark internationally?

There is no specialized governmental or quasi-governmental office, body or agency in which an international trademark registration application can be filed. However, you can file one application for registration in the European Union, as for the rest of the world, a single application is filed for each country separately, and this is by contacting us or any trademark registration agent.

Is it possible to register a mark under a name of a person, not a name of a company?

Yes, it is possible, according to the law of the United Arab Emirates, the applicant must attach a proof of owning a 100% trade activity, or to be partner in a trade activity, here he must attach a non-objection letter from the remaining partners in the license certified by a notary.

There is a trademark in Brazil, and I would like to register it under my name in the UAE, can I do that?

Yes, you can, and the trademark registration could be approved, and the owner of the mark in Brazil has the right to object to the registration application during the opposition period, and he is also entitled to apply for cancellation of the trademark even after registration and within 5 years.

If I have a car trade company and want to register a trademark in the third category, which is perfumes and cosmetics, is that possible?

Yes, it is possible. In registration there is no condition in which the company’s activity should be match the products and services of the trademark, as the registration of the trademark is not a permission to engage in an activity.

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Bulletin 247 15/10/2022

Bulletin 246 15/10/2022

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