When a trademark registration application is submitted in the UAE, the Trademark Office reviews it for registration and publishes the results in the Official Gazette if it is approved. Trademark agents in Dubai, United Arab Emirates, are a good option for this since they will keep an eye on the Official Gazette and notify their customers if any deceptively similar trademarks are registered. These are critical times for brand owners in the UAE, as they may file objections to the trademark application that claims infringement of their trademark. There are several steps that trademark owners must do before submitting an official objection to an infringement of their trademarks in the United Arab Emirates. The effective raising of an opposition claim may need the aid of trademark agents in Dubai who can give efficient trademark watch services.
If you’re considering submitting a trademark opposition in the United Arab Emirates, here are some things to keep in mind.
1) Time for filing opposition application in UAE
The registration of trademarks in the UAE is governed by the Federal Trademark Law No. 37 of 1992 (as modified by Federal Law No. 8 of 2002) (“Trademark Law”). According to the UAE Trademark Law and the Trademark Office’s processes, an objection may only be submitted after the formal opposition period begins. In the UAE, the opposition period is 30 days and begins when the trademark application is published in the Official Gazette. Suppose you believe that a trademark application infringes on your registered trademarks. In that case, you must submit a written notice of opposition with the Trademark Office within 30 days after the application’s most recent publication. Contact the top trademark attorneys in Dubai, United Arab Emirates, before filing the opposition.
2) Who Has the Right to Challenge a Trademark?
According to Article 3 of the law, some trademarks cannot be registered. It is up to the person claiming prior use of a trademark to utilize the general provisions of law to oppose a trademark application because it is identical or similar to the previously used mark (and seeks to be protected for the same or comparable products or services).
In UAE, you must establish a genuine or legitimate interest in challenging a trademark registration before beginning the process. Whether the opponent’s trademark application is granted registration, you should ask yourself if you would be affected. It implies that you must have a personal interest in the result of the opponent’s trademark registration in the United Arab Emirates. If the requested trademark is deceptively similar to yours, for example, your brand will be harmed in some manner.
3) Opposing a Trademark Application: These are the most common reasons.
The most prevalent reason trademark owners reject a possible registration in Dubai is the risk of confusion. That’s what happens if your UAE-registered trademark is confusingly similar to the one being considered for registration. Because customers would be confused if there are other similar trademarks, the court should approve your opposition claim because of the confusing resemblance. If you’re looking to keep tabs on your brand, you can rely on trademark watch services from the top trademark agents in Dubai. There are several ways which may create a likelihood of confusion among the consumer, including:
- There is a visual similarity
Trademark oppositions may be filed if a new trademark application seems to be too similar to your own. To evaluate an opposition claim, a trademark office considers visual similarities between an opposing mark and already registered trademarks. When two trademarks have the same term or letter, it might lead to trademark infringement lawsuits.
- Similarity in sound
Trademarking a brand name may often lead to confusion in the marketplace owing to the similarity in the name’s pronunciation. Although the spellings vary, the closeness in sound is enough to justify the opposition. Some instances of the misunderstanding caused by phonetic similarity are CRESCO and KRESSCO, ENTELEC and INTELECT’ are examples of this.
- Similar Trade dress
An objection application may be submitted if you believe that a requested trademark application may confuse because of its likeness to color or way of packing. Some companies regard the color, shape, or design as a trademarked feature of their brand name and may object to other parties using the same color. It’s no secret that Fanta is a worldwide soft drink and known in the market for its shape. So like in the case of dairy milk. The product is well known among consumers because of its color and packaging.
4) Can You Oppose Trademarks in Other Classes That Are Nearly Similar to Yours?
Different products and services may have similar trademarks but are not identical. These trademarks might confuse consumers if they are both released into the public domain. You may submit an opposition if a comparable trademark is applied for registration in any other trademark class.
5) Documentation required to Support Your Opposition Claim:
The Trademark Office requires that you provide the following papers to file an opposition claim.
- Certificate of Trademark Registration.
- Priority is shown by issuing the first invoice.
- Trademarks or publications may also serve as other proof, such as those published.
This article aims to provide a general overview of the subject. The information included herein may not be appropriate in all circumstances and should not be relied upon without seeking specialized legal counsel based on specific cases. To file an objection following the laws, trademark owners require the help of the top trademark registration service providers in Dubai, such as Far consulting Middle East. Trademark monitoring services in Dubai are provided by a team of registered trademark agents who notify trademark owners immediately if a trademark application is filed for a mark that is confusingly similar to their own.