trademark presentation

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Trademark Registration

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Page 1: Trademark presentation

Trademark Registration

Page 2: Trademark presentation

Mark used by a manufacturer or dealer to identify the origin or ownership of goods and to distinguish them

from others.

OR

A trademark is literally a “mark” that one business uses to distinguish its products or services from another.

What is a trademark?

Page 3: Trademark presentation

Brand Label Numerical

Signature

Name

Seals Letter

Which marks can be trademark

Page 4: Trademark presentation

Distinctive for the goods or services which you are applying to register it for.

Not deceptive, or contrary to law or morality.

Not similar or identical to any earlier marks for the same or similar goods or

services

Mark must be

Page 5: Trademark presentation

Origin Function - Helps to identify the source and those responsible for the products and services sold in the market. Choice Function - Enables consumers to choose goods and services with ease while shopping. Quality Function - Consumers choose a particular trade mark for its known quality. Marketing Function - Plays an important role in advertising. Economic Function - Established trade mark is a valuable asset. Trade marks may be licensed or franchised.

Functions Of Trademark

Page 6: Trademark presentation

Can be used as a marketing tool

Is considered the property of the holder and is protected by law

Copycat company cannot cause loss of business or damage the

reputation of your trade.

You may sue for infringement under trademarks law.

More evidence of the ownership of the trademark.

Renewal after every 10 years

Advantages

Page 7: Trademark presentation

Securing Exclusivity

Geographical Coverage

Controlling the Use of your Brand by Others

Capturing the Value of what you Create

Deterring and Preventing Others

Before other traders choose their brand names

When other traders seek to register their brand names as

trademarks

When you discover another trader using a conflicting mark in the

market place - Trade Marks Act 1995 .

Advantages

Page 8: Trademark presentation

The role of a trademark lawyer

Should be used when choosing a product name trademark or a trademark slogan.

Drafting the trademark application.

If any objections

Counterfeiting

Sending Cease and Desist Letter

Why Lawyer?

Page 9: Trademark presentation

1- Soft copy of the logo

2- Passport copy of the signing authority

3- Trade License Copy of the company

4- Brief description of the products/services offered under

the trademark.

Documents Required from the client

Page 10: Trademark presentation

1- Application for registration of the trademark

2- 14 prints of the trademark, the size should be (5x6) cm or (6x7) cm, in

self adhesive paper.

3- Official Arabic translation if the trademark is a word mark which is in

foreign language.

4- Copy of the license (Trade – Professional - Services) and copy of the

passport of the owner of the sole proprietorship corporation.

5- CD containing the logo of size 4x4 cm & 315x315 Pixel “JPG” & the form.

Documents Required for filing the application

From Licensed Trademark Agent

1 – Copy of the Power of Attorney (English and Arabic) issued to the trademark agent, legalized up to UAE Ministry of foreign affairs.

2 – Copy of the license of the Trademark Agent

Page 11: Trademark presentation

Red Bull FZE, the regional representative office of the original Austrian energy drink,

won a lawsuit against a prominent local importer for selling a competitor product -

Bullfighter - which was found guilty of trademark infringement.

The importer was fined .

Case Study

VS

Page 12: Trademark presentation

Case Study

VS

Adidas wins trademark infringement case against Payless

A federal jury in Portland early this week ordered Payless Shoe source Inc. to pay $304.6 million for willfully infringing on Adidas America Inc.'s three-stripe trademark logo. A nine-person jury in U.S. District Court in Portland unanimously awarded Adidas $30.6 million in actual damages, $137 million in punitive damages and $137 million in Payless profits, according to a transcript of the proceeding.

Page 13: Trademark presentation

Thank You