Q. Our brand is already protected with the trade license.

What is the Trade License? The Trade License is a certificate/document which grants the permission to carry on a particular trade or business for which it is issued. It does not confirm the ownership of property or permission for any other activity other than for which it is issued. 

Trade License in Dubai, UAE, is issued by the department of the economic development authority, which permits the businessmen to do business in the UAE. For certain categories of business, it needs approval from concerned ministries and other relevant authorities. 

The most important that Trade License prevents you from being penalized. Carrying out business without procuring a trade license is an offense in the UAE. 

Having a strong brand provides a way for your customers to identify your business and to refer your products or services to others. A strong brand is valuable. Like any valuable asset, a brand should be protected. Failure to protect your Brand may reduce its value and could damage your business' reputation. But having a trade license doesn’t mean that your Brand is protected.

Brand protection means keeping a company’s intellectual property secure against infringements, copyright pirates, and counterfeit. 

It translates to safeguarding a company brand’s image, reputation, and value while also avoiding loss of revenue.

Q. Copyright is not required to be registered.

Since copyright protection is automatic from the moment a work is created, registration is not required in order to protect your work. 

However, there are numerous benefits to registration, and therefore, it is highly recommended, if feasible. These benefits include:

  1. Bringing an Infringement Action: It enables you to file a lawsuit to enforce copyright in the court.
  2. Evidence of Validity: It is evidence that your copyright is valid. This will be important in the case of copyright infringement.
  3. Creates a Public Record: It puts others on notice that your work is protected by copyright and that you are the copyright owner etc.,

Copyright registration is a claim to copyright filed with the Copyright Office, which creates a public record of facts about a copyrighted work, including authorship and ownership information. Copyright registration includes three essential elements: a completed application form, a filing fee, and a “deposit” (a copy of the work submitted to the Copyright Office)

The reason that everyone must register a copyright is simple: In general, you cannot sue for copyright infringement unless you have a registered copyright.

Q. I need an international trademark

Before seeking international trademark protection, first you should register your trademark in the UAE (local authority). You can do this through the Ministry of the Economy of the UEA Patent and Trademark Office or Dubai Copyright Office (INTEROCO Copyright Office)

Yes, there is a possibility to register - but the price will be too high, according to the Madrid Protocol.

The official fees should be paid separately for each state in which the registration of a trademark is supposed.

And in case of provisional refusal in TM registration from any country - it’s mandatory for the applicant to attract a local patent attorney for preparation and submission of the answer.

So according to the Madrid Protocol following fees should be paid:

- the initial fee for WIPO services as an intermediary

- fees for registration in selected countries

- fees for local attorneys in case of provisional refusal from local patent offices (like Ministry of Economy in UAE)

The best way to start with local registration and then to apply in each and every country separate.

Q. I have a project, and I need a patent certificate. Can you help me?

 To give the right answer, we need to understand the type of your project, main target in registration, and after that, we can advise the right way/form of protection.

Not all projects can be registered under the “patent law”.

If you want to participate in conferences, work closely with local entities, to receive grants and benefits from the Government, to receive the Authorship, legalize your product, then for these goals the optimal solution is to register your “project” as Patent

If your goals: market monopolization, capitalization, worldwide recognition, the prohibition of competition, then it might be better to consider the other forms of the registration. 

Q. Can I register my brand if I’m an individual?

As an owner of trademark (according to United Arab Emirates Federal Law No. 37 of 1992 On Trademarks) could be registered only legal entities (companies and organizations).

Copyright ownership may belong to:

- private individuals;

- legal entities or companies;

- private individuals and legal entities (simultaneously partially ownership).

The Author should be the person and the rightsholder might be a person or a group of people or company.

Having a company in copyright registration is not mandatory.