In common parlance, trademark acts as a communication tool between the manufacturer and the consumer and facilitates proper ordering of a complex market place. Identifying products belonging to the same family will be a herculean task if not for those hour-glass shaped bottles, or stout jars and sparkling flamboyant labels and tags. Since the adopted insignia reflects the economic reputation of the right owner, it incentivizes investment in maintaining stability of the mark and the associated product quality. 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 adistinctive element can be registered and protected.
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. As per the legal parameters determining the recognition of trademarks in the U.A.E.; 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. UAE Trademark Law not only grants legal protection to registered marks, but also to unregistered marks, albeit in a stringent manner. 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.
From conducting trademark clearance analysis to enforcing your legal right in the mark, AxiomMark will assist you in every step of your trademark gestation cycle. Some of the key trademark services offered by AxiomMark are:.
Client empathy is our motto. Therefore, we do not undertake your trademark portfolio as a mere professional commitment. With our excellent track record and result oriented approach, we have in a very short span of time created a mark in the IP world.
Since the trademark is an intangible asset, it can be assigned, mortgaged, licensed and sold. Our non-contentious and contentious departments are equipped to handle a wide range of trademark related matters in the UAE, Middle East, and Eurasia. from conducting trademark registerability analysis, brand clearance searches, trademark filings, securing registrations, Axiom Mark also handles trademark prosecution and enforcement matters.