2. Mark used by a manufacturer or dealer to identify the
origin or ownership of goods and to distinguish them
from others.
OR
A trademark is literally a “mark” that one business uses
to distinguish its products or services from another.
What is a trademark?
3. Brand Label Name Numerical
Seals Signature
Letter
Which marks can be trademark
4. Distinctive for the goods or services which you are applying to register it for.
Not deceptive, or contrary to law or morality.
Not similar or identical to any earlier marks for the same or similar goods or
services
Mark must be
5. Origin Function - Helps to identify the source and those responsible for
the products and services sold in the market.
Choice Function - Enables consumers to choose goods and services with
ease while shopping.
Quality Function - Consumers choose a particular trade mark for its
known quality.
Marketing Function - Plays an important role in advertising.
Economic Function - Established trade mark is a valuable asset. Trade
marks may be licensed or franchised.
Functions Of Trademark
6. Can be used as a marketing tool
Is considered the property of the holder and is protected by law
Copycat company cannot cause loss of business or damage the
reputation of your trade.
You may sue for infringement under trademarks law.
More evidence of the ownership of the trademark.
Renewal after every 10 years
Advantages
7. Securing Exclusivity
Geographical Coverage
Controlling the Use of your Brand by Others
Capturing the Value of what you Create
Deterring and Preventing Others
Before other traders choose their brand names
When other traders seek to register their brand names as
trademarks
When you discover another trader using a conflicting mark in the
market place - Trade Marks Act 1995 .
Advantages
8. The role of a trademark lawyer
Should be used when choosing a product name trademark or a trademark
slogan.
Drafting the trademark application.
If any objections
Counterfeiting
Sending Cease and Desist Letter
Why Lawyer?
9. 1- Soft copy of the logo
2- Passport copy of the signing authority
3- Trade License Copy of the company
4- Brief description of the products/services offered under
the trademark.
Documents Required from the client
10. 1- Application for registration of the trademark
2- 14 prints of the trademark, the size should be (5x6) cm or (6x7) cm, in
self adhesive paper.
3- Official Arabic translation if the trademark is a word mark which is in
foreign language.
4- Copy of the license (Trade – Professional - Services) and copy of the
passport of the owner of the sole proprietorship corporation.
5- CD containing the logo of size 4x4 cm & 315x315 Pixel “JPG” & the form.
From Licensed Trademark Agent
1 – Copy of the Power of Attorney (English and Arabic) issued to the trademark
agent, legalized up to UAE Ministry of foreign affairs.
2 – Copy of the license of the Trademark Agent
Documents Required for filing the application
11. VS
Red Bull FZE, the regional representative office of the original Austrian energy drink,
won a lawsuit against a prominent local importer for selling a competitor product -
Bullfighter - which was found guilty of trademark infringement.
The importer was fined .
Case Study
12. VS
Adidas wins trademark infringement case against Payless
A federal jury in Portland early this week ordered Payless Shoe source Inc. to pay
$304.6 million for willfully infringing on Adidas America Inc.'s three-stripe
trademark logo.
A nine-person jury in U.S. District Court in Portland unanimously awarded Adidas
$30.6 million in actual damages, $137 million in punitive damages and $137 million
in Payless profits, according to a transcript of the proceeding.
Case Study
