Trademark
trademark
TRADEMARK
In common parlance, trademark acts as a communication tool between the manufacturer/trader and the consumer and facilitates proper ordering of a complex market place. Identification of the source of products of similar nature will be a herculean task in the absence of trademarks. Ranging from the conventional word marks, logos, pictures to the unconventional sound and scent marks, any physical manifestation of the creator’s imagination which has a distinctive element can be registered and protected as a trademark.
The nature of the brand used for such purposes is the physical manifestation of the right owners’ imagination. This materialization of the idea in the external sphere creates the premises for the protection of rights accrued in the brand. A right owner may establish ownership either by acquiring legally recognizable rights or by using it in a manner which creates an impression of its ownership amongst the masses. When this right is recognized by the general masses it implicates occupancy and provides the legal premises to demand protection against dilution. Legally identifiable right grants the owner the exclusive prerogative to exploit its rights embodied in the mark, and prevent others from using it in a manner which has the potential of creating a false impression of ownership. Trademark rights can be enforced by invoking infringement actions peculiar to each jurisdiction. Since the rights granted to the owner equips him to bar exploitation of identical or confusingly similar marks, provision for genuine use of the marks is made. Subject to the term prescribed in each jurisdiction, if the mark is not genuinely used consecutively for a certain period of time, the mark becomes vulnerable to cancellation.
Role of your trademarks in business
Trademarks are enormously valuable assets for your business in today’s fiercely competitive markets. It is mainly because of their capability of distinguishing your goods or services from those of other enterprises. Trademarks are product and source identifiers in the marketplace and provide the public with quality assurance. Consumers identify and remember your product or service along with its quality or image upon recognizing your mark it bears. Thus, your trademark defines the identity of your products or services as well as of your business.
Threats to your trademark from infringers
As your trademark wins consumer recognition, confidence and loyalty, due to its capability to orientate consumer’s preferences toward the products/ services offered under it, the risk goes up of its infringement or dilution by third parties seeking to exploit the reputation of your trademark and business or by your competitors resorting to acts of unfair competition. If not dealt with effectively and stopped by you, such infringing actions are likely to result in huge monetary and reputational loss to your business besides tarnishing the hard-to-build image of your mark and lowering its value in the marketplace.
Your trademark as a business asset
Strong consumer recognition and good reputation enjoyed by your trademark signifies goodwill and success of your enterprise in terms of providing consumers with the products meeting their needs and preferences. This in turn provides you with business stability and an opportunity to make further progress. A strong trademark is a business asset capable of being commercially evaluated independently in proportion to the economic benefit it has generated over a period of time and the business benefits it is anticipated to yield in the future.
Forms that your trademarks may take
Trademarks may take the form of words, phrases, names, slogans, letters, numerals, symbols, logos, labels, colors, drawings, patterns, or any combination of these, shapes and packaging of goods, etc., and may even be non-visible signs such as sounds or fragrances.
Your trademark as a business asset
To protect your trademark from malicious threats, the first step to be considered is its registration with the trademark office on the national and/ or regional level (where applicable). Through registration you will be granted an exclusive right to use the mark and to prevent all third parties not having your consent from using your mark or any mark deceptively or confusingly similar to it in the course of trade for goods or services which are identical or similar to those in respect of which your trademark is registered. You may seek to enforce your registered trademark rights against any infringer at any forum in the related jurisdiction by confidently relying on the formal legal protection granted to you in the form of trademark registration. However, as you may already know, trademark protection is territorial and in each jurisdiction protection is to be sought separately.
Let us work together to protect, maintain and enhance the value of your trademark.
Promark Consultants provides its prestigious clients high-quality, cost-effective, and time-efficient services in relation to acquisition, registration, protection, enforcement and commercial exploitation of their trademark rights in the UAE and anywhere else in the world through our network of offices and also for highly competent associates. Our trademark team members have vast experience in advising numerous high-profile clients and top-notch international law firms.
Promark Consultants works closely with its clients wherever in the world they seek to acquire, register, protect, enforce, maintain, or to commercially exploit their valuable trademarks, with a special focus on the Middle East (including the GCC) North Africa and South Asia regions. With our long experience and deep understanding of legal and commercial scenarios and mechanisms our experts are able to provide state of the art services and unique yet effective solutions to our valuable clients on multi-jurisdictional level.
Promark’s main expertise pertaining to trademarks
At Promark our trademark professionals specialize in:
- Trademark portfolio management
- Advising and assisting throughout the trademark life cycle including creation, screening, clearance, filing, registration, protection, maintenance, enforcement, and commercial exploitation.
- Conducting trademark clearance, due diligence and IP audit projects
- Managing the processes and procedures for registration and renewal of trademarks.
- Carrying out post-registration recordation such as assignment, merger, license, change of name/ address, etc.
- Effectively responding to office actions
- Managing oppositions, cancellation actions, litigation, and other dispute matters relating to trademarks
- Conducting anti-counterfeiting actions, investigations, policing, seizers.
- Negotiating, drafting, examining and reviewing of commercial documents including Assignment, License, Franchise agreements, etc. and clauses relating to IP.
