How does trademark protection last & what kind of trademark can be registered?
The validity of registered trademark ®
Trademark Protection usually lasts for ten 10 years and it can be renewed every 10 years indefinitely as long as the owner of the mark continues to use it. After the expiry date, there will be a 90 days grace period to renew the trademark. If the owner didn’t renew within 90 days the registration will be canceled. The validity of the trademark registration in the U.A.E. is ten years from the date of filing. Accordingly, the subject trademark will be renewable for further consecutive periods of ten years.
Unlike copyrights and patents, trademark rights can final inconclusively as long as the proprietor proceeds to utilize the check to distinguish its products or services. A federal trademark term is 10 years, with a renewal period of 10 years. However, the USPTO allows the registrant to file an affidavit claiming that the trademark is still in use between the fifth and sixth year after the date of registration. If no affidavit is filed, you cancel your card. The USPTO does not remember the deadline for the trademark holders.
Related: Protect Your Brand & Logo with Al Raqeem IP
Conclusion: If you have obtained a registered trademark, it is valid for 10 years. You’ll have for 10 years:
- Secure your trademarks in full
- Complete rights about the trademark
- Power to sue the infringing trademark
- And other rights related to filing a trademark.
The trademark registration is losing its validity after 10 years. Therefore, you should apply for a Trademark renewal within 6 months of the expiry of registration. When you renew your registration successfully, you get 10 years of trademark registration again.
The process of expiration and renewal will continue forever.
After that, you can renew it again and again.
Registered trademarks have a lifetime of 10 years and can be extended indefinitely. The Registrar has provided a large window to accomplish this, starting 6 months before the expiry date. And if you have forgotten, as even big business seems to do, you’ll be sent a note about the expiry to the address before the 6 weeks are up. If you are not still filing for renewal, then the Registrar can promote its intent to remove the Trade Marks Journal trademark. Nevertheless, this is likely to happen just 12 months after the expiry date. From 6 to 12 months after expiry, the registration of a trademark may be renewed after payment of a good through a mechanism known as recovery.
There are four kinds of trademark that can be registered namely:
- Descriptive are marks that describe the product and services that they marketed with. It is usually a refused trademark because it is very common to other products.;
- A suggestive mark is using words that indirectly refer to the goods and services which they are associated;
- An arbitrary trademark is usually the easiest to register because there is no connection between the mark and the goods/services;
- Fanciful are marks that using a term that has no meaning.
Registering a trademark is one of the most effective ways you can protect your brand name. Once registered, your trademark will be valid for ten years and it is renewable for similar periods. In those 10 years, your trademark is protected and you have all the exclusive and legal right to stop someone from infringing your trademark.
Related: Complete Guide Intellectual Property in UAE
A trademark can be registered that is anything that takes a distinctive form whether names, words, signatures, letters, figures, drawings, symbols, titles, tax stamps, seals, pictures, inscriptions, advertisements or packs, or any other mark or a combination thereof, used or is intended to be used, either in distinguishing goods, products or services.
A trademark should express something more than the characteristics or qualities of the goods or services you intend to use it for and that’s what we call “distinctiveness.” The trademark should ensure that consumers recognize it as offering a particular product or service.
Different kinds of Trademark:
- A generic mark is giving specific details to the product word.
- A descriptive mark is identifying one or more characteristics of the product or service
- Fanciful Mark is a unique mark that has a combination of work marks and logos.
- Trade dress is the shape and identifying product features such example is a perfume bottle.
- Servicemark is a mark distinguishes in a company that provides services
What kind of trademark can be registered?
A term, or a combination of words, letters, and numerals can well be a trademark. But trademarks that also consist of illustrations, images, three-dimensional features such as product form and packaging, non-visible signs such as sounds or fragrances, or color shades used as identifying features-the the possibilities are almost endless.
Also Read: What can be registered As a Trademark?
Different types of trademark
It is important to think about how your company should be represented to be perceived the way you would like: with a word, a figure, or a sound?
Word mark
A word stamp comprises one or more words, for case Japp or Marco Polo. It can too be combinations of numbers or letters, like SVT or 3RT. The word check is continuously enrolled in a standard textual style. This implies that on the off chance that you need to ensure a word in a particular text style, you have got to apply for a metaphorical mark.
Figurative mark/logotype
Non-literal imprints are the trademarks that comprise only a figure or a figure joined with at least one word. Words in a particular text style are likewise viewed as allegorical. Allegorical imprints can be enrolled clearly or in shading.
Three-dimensional mark
If the product itself or the packaging of the product has a specific shape, e.g. a perfume bottle or a liqueur bottle, you can record it as a three-dimensional label. For a three-dimensional mark to be registered the shape must be significantly different from what is known on the market.
Sound mark
A sound can be a trademark and can hence be enlisted. A soundcheck could be a sound or a song with an unmistakable acknowledgment impact. A well-known sound stamp is a tune claimed by Hemglass. When applying for a sound check the stamp can be spoken to by a sound record or by a correct depiction of the sound in the documentation.
Motion mark
An imprint where parts of the trademark are moving, changing, or moving. One case of a movement mark is a vivified logotype. While applying for a movement mark the imprint can be spoken to either by a video document or a progression of still pictures that show the movement.
Multimedia mark
A label that is a mixture of sound and picture. The label can be represented by an audio-visual file showing the sound and picture combinations.
Hologram mark
A mark where a three-dimensional picture is appeared utilizing the holographic procedure, for illustration a turning logotype. When applying for a visualization stamp the stamp can be spoken to by a video record or an arrangement of still pictures that appear the variety of the 3d image and the holographic impacts.
Position mark
A position mark comprises a particular situation of a trademark on an item. A positioned imprint can be spoken to by a picture that shows how the imprint is situated and what size and extent it has contrasted with the item it is put on. The parts that are excluded from the elite right ought to be isolated from the trademark in the portrayal, for instance by ran or broken lines.
Pattern mark
As a pattern label, a continuous pattern can be covered. This can be represented by an illustration showing the pattern and how it’s being repeated. The applicant may also add, along with the illustration, a summary of how the pattern is being replicated.
If you have any other questions regarding the Validity of the Trademark in the U.A.E then you can contact us for a free consultation.
