Why should One Trademark a Company Name?
  • May 09, 2023

Why should one trademark a company name? 

The UAE's thriving economy offers numerous opportunities for entrepreneurs and businesses to succeed. However, protecting a company's brand identity and reputation is essential. One way to do this is by trademarking your company name. 

A trademark is the combination of elements that distinguish a company's goods or services from others. It acts as a distinctive identifier, helping consumers recognise and differentiate products or services offered by a particular company from others on the market. It is critical to brand building and marketing strategies.


Why trademark businesses?

· Patents as a Communication Tool

Brand reputation, emotional qualities, and dependability can be conveyed through its trademark. When a company grows, the value of trademark-registered assets will increase. 

· Customers can quickly recognise you

It makes it simple for customers to recognise the brand. Using distinctive branding features, the organisation can differentiate itself from its competitors.

· Protecting brand identity

Trademarks can prevent competitors from using similar names, logos, or other identifying marks that could cause confusion among consumers. The distinctive branding components can help the company stand out from the competition. This protects the company's brand identity and reputation. 

· Increase Investor Confidence 

Investors will evaluate the brand's trademarks before doing business with you and regard the company. While engaging in mergers, franchises, collaborations, etc., trademark registration improves security and builds confidence.

· Protection from fakes

Trademark registration provides protection when there is an infringement or breach. Firms with registered trademarks and the only rights to your brand's assets can file a lawsuit against an imitative brand.

· Maintaining Staff Members

The organisation can give its staff stability and optimism by registering its trademarks. Staff are more inclined to work for and join a reputable organisation than a regular business. This is due to the dependability and quality of the goods and services.


Validity of trademark registration in the UAE

Trademark registrations are valid for ten years and can be renewed for an additional charge. The scope of a trademark's usage might be local or worldwide, depending on the region where it is registered. Federal Law No. 37 of 1992 Trademarks governs trademark registration in the United Arab Emirates, where the Ministry of Economy issues certificates of registration.

When registering trademarks in the UAE, any of the following cannot be a trademark you want to register:

· Against public morality and violations

· Public figures (such as flags)

· Red Cross and Red Crescent emblems, for example

· third parties' names or positions

· directly translated versions of other well-known logos


Trademark registration in the United Arab Emirates

Registering a trademark in the UAE is relatively easy, but it's crucial to do it correctly. You must take the following actions if you want to register your business's trademark in the UAE:

Verify that the trademark has not been recorded yet

Verifying that another entity is not already using it is the first stage of the UAE trademark registration process. It is not allowed to register a trademark if another party uses it. With tools like Marcaria, you can do this by conducting a trademark search online.

Application Form for the Ministry of Economy Must Be Completed

The Ministry of Economy oversees trademark applications. Thus the next step to registering a trademark in the UAE is to complete the online application form on its website. Publish the relevant documents after completing the application form.


Documents for trademark registration:

1. Trade Licence Copy

2. Trademark Logo

3. Passport copy

4. Power of attorney

5. List of goods and services

 After submitting your application, you must pay the applicable costs for UAE trademark registration. The cost of legal and translation costs are not included in the UAE's trademark registration price. The Ministry of Economy will publish the trademark in the official trademark journal. The trademark notice must also be published in two local Arabic-language publications, which costs extra for applicants. 

The Ministry of Economy and Tourism (DET) will generally approve in less than 30 days if your application is free of problems. Once registered, a trademark provides several benefits.


Benefits of a trademark

1. Protection of your brand

Trademarking your company name provides protection. Registering your trademark with the Dubai government gives you legal ownership of the name and prevents others from copying it without your permission. It means no one else can use your company name or similar name to sell similar products or services. If anyone uses your trademark, you can sue them.

2. Exclusive Rights to Use the Trademarked Name

When you trademark your company name, you gain exclusive rights to use it in the market in which you operate. You can use your company name on your products, packaging, advertisements, and website. This exclusive right can help you establish a strong brand presence and attract more customers.

3. Prevention of counterfeit products

Trademark registration in Dubai also helps prevent counterfeit products on the market. If someone uses your trademarked name on a fake or inferior product, you can take legal action to prevent it. 

4. Increased Market Value of your Business

A trademarked company name adds value to your business, giving it an edge over competitors and creating a positive image on the market. Trademark registration shows potential investors that your business is serious and committed to protecting its brand. It can increase your business's market value and make it more attractive to investors.

5. Expansion of Your Business in the Future

Trademarking your company name in Dubai allows you to expand your business in the future. If you plan to grow your business elsewhere, your trademarked name can also provide legal protection in those markets. It also helps to establish a consistent brand image across different markets, which increases brand awareness and recognition.


Trademark for franchise

In franchising, trademarks are essential for protecting the franchiser's brand identity and reputation. 

The trademark protects the brand identity and prevents others from using it. It is crucial in franchising, where franchiser reputation and brand recognition are vital to its success. By registering a trademark in Dubai, franchisers can ensure their brand identity is protected. In addition, they can take legal action against anyone who uses a similar mark.

Secondly, trademarks help build trust and confidence among consumers. When consumers see a familiar brand name or logo, they know what to expect regarding quality and consistency. Franchisers can leverage their trademarks to establish a strong brand identity and reputation. This can be a powerful marketing tool for attracting customers.

In Dubai, where a diverse range of businesses and franchises exist, trademarks can help franchisers stand out from the competition. By registering a trademark, franchisers can differentiate their brand from others on the market and establish a distinct identity that resonates with consumers.


Conclusion

Trademarks are essential, as they provide legal protection, build consumer trust and confidence, help differentiate a brand from competitors, and have significant financial value. Businesses that understand the importance of trademarks and protect their brand identity will succeed in Dubai's competitive business landscape.

By investing in trademark registration, you can ensure your business's long-term success in Dubai.