Why to get an IP agent?
Benefits of having an Intellectual Property Agent:

1. The procedure will be completed by a trademark specialist from filing up to getting the registration certificate.

2. Stress free, saves time and money.

3. Monitors your trademark for free. If ever other entities trying to file a trademark application identical or similar to your registered mark, a report will be forwarded to you once the application is published in the official gazette in case you want to file an objection.

4. Trustworthy. Our trademarks core values are built on integrity in our services and dealing with customers. We believe that integrity is one of the pillars of achieving and delivering solid customer satisfaction.

al raqeem trademark registration Dubai logo 2017

Trademarks are words, names, symbols, devices, headings, labels, signatures, letters or numerals or any combination thereof, used by manufacturers of goods and providers of services to identify their goods and services, and to distinguish their goods and services from goods manufactured and sold by others. From this function it follows that a trade mark must be distinctive or distinguishable among different products or services.

Advantages of having your trademark registered

1. Securing Exclusivity

Registering your trademark is the quickest and most cost-effective way to ensure legal exclusivity for the use of your name or logo etc. Registering a trademark for your business or product name is similar to obtaining a certificate of title in relation to land.

Registering your trademark significantly reduces the risk of being prevented from using your name or logo by other traders. One of the most emotionally draining and expensive things that can happen to anyone who owns a brand is receiving a “cease and desist” letter from a lawyer which requires you to stop using the name which you thought you owned.

2. Geographical Coverage

Registering your trademark usually gives you nationwide protection instead of rights that are restricted to the specific areas or regions in which you trade).

Further, if you want to expand overseas, this gives you a good platform to obtain rights in other countries – even before you commence trading in those countries.

3. Deterring and Preventing Others

Trademark registration deters other traders from using trademarks that are similar or identical to yours in relation to goods and services like yours (referred to here as “conflicting trademarks”). This benefit manifests itself in a number of ways:

Before other traders choose their brand names: Being able to use the ® symbol puts others on notice of your rights, and being registered means that others can find your trademark when searching the official register before choosing to commence using a particular name. This makes it much less likely that they’ll choose to use a conflicting mark in the first place.
When other traders seek to register their brand names as trademarks: Having your trademark on the register makes it likely that trademark examiners will refuse to register conflicting marks. If (despite this) another trader is able to convince a trademark examiner to accept the mark for registration, having a prior registered mark gives you a strong right to oppose the registration before it’s officially entered on the register.
When you discover another trader using a conflicting mark in the market place: Having a registered trademark makes it much easier, quicker and cheaper for you to prevent other traders from using conflicting trademarks.
4. Controlling the Use of your Brand by Others

Registering your trademark makes it a lot safer and easier to license the use of your trademark to others (e.g. manufacturers, distributors, franchisees etc).

5. Capturing the Value of what you create

Holding a registered trademark significantly increases the value of your brand to potential purchasers, and hence any purchaser of your business is likely to pay much more for the goodwill that you build up.

6. Securing the Co-operation of Third Parties

Registered trademark owners are much more likely to secure the co-operation of third parties in the protection of their rights.

The information and documents required for filing the application are:

A Power of Attorney, notarized in favor of Al Raqeem Intellectual Property. (If from foreign company it must be legalized up to UAE Consulate.)
Passport Copy of the Managing Director.
A copy Trade license. (If from foreign company it must be legalized up to UAE Consulate.)
A good representation of the logo or design (15 Prints – 6x7cm or send via email in jpg format).
Description and meaning of the logo.
List of goods / services.
For the purpose of priority claim, true copy of the same trademark registration certificate or true copy of pending home / foreign application for registering the same trademark (if any).

A “copyright” offers protection for original works of authorship. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself.

Copyright and Related Rights

Three basic conditions are necessary: (1) a work must be within constitutional and statutory definitions of a work of authorship; (2) fixed in a tangible medium of expression, and (3) original.
Copyright protects the original expression of ideas, not ideas themselves. The general categories of copyright protection are:

(a) Literary works

Musical works, including any accompanying words
Dramatic works, including any accompanying music
Pantomimes and choreographic works
Pictorial, graphic and sculptural works
Motion pictures and other audiovisual works
Sound recordings
Architectural works
(b) Compilations and Collection

Compilation is a work formed by the collection and assembling of pre existing materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.

(c) Derivative Works

Is based on one or more pre existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording; also work consisting of editorial revisions, annotations, elaboration, or other modifications which, as a whole, represent an original work of . authorship. Computer programs and video games are copyrightable subject matter and are classified as “derivative work”.

(d) Fixation

A work of authorship must be fixed in a tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of machine. The fixing must be under authority of the author.

(e) Originality

A work must be original, that is, the products of the author’s own mind rather than a mere copy of an existing work. An independently created work is original. Originality carries no requirement of substantial ingenuity, aesthetic merit, or novelty. Novelty and independent creation, constitutional standards of originality.

The information and documents required for filing the application are:

A Power of Attorney, notarized in favor of Al Raqeem Intellectual Property.
A passport copy of the author / designer.
Release letter from the author / designer, if the application should be registered in the name of a company. If the author / designer is from foreign country, this must be legalized up to UAE Consulate.
Three (3) hard copies of the works or designs as well as a copy in CD.
Statement containing full description of the work.

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.
A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years.

Protection
Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner’s consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is, the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.

Importance
Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourageinnovation, which assures that the quality of human life is continuously enhanced.

The information and documents required for filing the application are:

1. Power of attorney in the name of AL RAQEEM INTELLECTUAL PROPERTY duly legalized up to any of the GCC member states Consulates, namely: Saudi Arabia, United Arab Emirates, Kuwait, Bahrain, Qatar & Oman.

2. Extract from the commercial register or certified copy of the certificate of incorporation, if the applicant is a corporate body, duly legalized up to any of the GCC member states Consulates.

3. Deed of assignment from the inventor(s) or a certified copy of the original assignment duly legalized up to any of the GCC member states Consulates, if the inventor is not the applicant himself.

4. Certified copy of the priority document duly legalized up to any of the GCC member states Consulates, in case priority is to be claimed.

Packaging can be protected under copyright as long as it meets the conditions on which protection of works depends, i.e. if it is original (is a manifestation of creative work having an individual character) and fixed in a specific form.

On the other hand, the label, which is one of the important parts of the product packaging can also be protected by copyright. This is possible on the condition that the arrangement (combination) of elements (such as graphics) has a creative character (that displays originality and individual character). Copyright protection may cover graphics placed on the packaging, short poems, or reproductions of artistic works (or their parts).

Protection of packaging (including the label on it) that can be considered a work in the meaning of the copyright, does not depend on the fulfilment of any formal requirement – especially registration. It starts when the packaging is created.

An author’s economic rights protect the exclusiveness of the work use and disposal (deriving economic benefits from it). These rights are transferable (they can be traded under agreements signed with the author), and in most countries they expire 70 years after the author’s death.

A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with “inherently distinctive” marks at one end, “generic” and “descriptive” marks with no distinctive character at the other end, and “suggestive” and “arbitrary” marks lying between these two points. “Descriptive” marks must acquire distinctiveness through secondary meaning – consumers have come to recognize the mark as a source indicator – to be protectable. “Generic” terms are used to refer to the product or service itself and cannot be used as trademarks.

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