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How to Raise a Trademark Objection

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What is Trademark?

A trademark is defined as any sign, word or graphics that you relate to your goods, company, and services to make a distinction from those of your competitors. For example, company or product name, a brand name, or a logo. The trademark supplies you the symbol for your business, its products, and brand and it can be composed of logos, slogans, colors, words, images, shapes or might contain the combination of all of these.

What is trademark objection?

The concerns or inquiries that are produced by the trademark auditor in the examination report are termed as trademark objection. The word “objected” involves the specified trademark application that has been investigated and the related report is produced along with the objections against the Trademark Registration in Dubai for more details MAF Consulting Middle East.

An objection is basically an initial rejection that is issued by the trademark examiner after your application got investigated. The common basis for trademark includes

  1. Lack of uniqueness as mentioned in Section 9
  2. Similarities among pending and Trademark Registration Services in the UAE as demonstrated in Section 11

Moreover, the usage of worldwide proprietary names, geographical names, unpleasant or insulting words as trademark becomes the base of other reasons. In majority cases, an objection can be defeated or conquered through the proper demonstration prior to the registrar. There are possibilities that the objection will get sustained by the trademark office and in such cases, one must move toward the appellate board in order to request against the decision.

Trademark Law Objections

The signs which are not permitted by the trademark law for trademark registration in UAE are illustrated as:

    • Signs which do not contain the unique character use common names of products, services, and goods, the average drawings, pictures having products and goods.
    • Signs that becomes the cause to offend public principles or opposing the public order.
    • Without taking the authorization of duplicating or using public symbols, logos and flags of the UAE, any Arab, foreign country or international association.
    • Badge of the Red Cross, Red Crescent, any similar symbols or signs and their reproduction.
    • Identical signs or symbols those are alike with entirely religious character.
    • Third party title, logo, image or name except his recipients agreed to their use.
    • Facts related to the degree of honor which does not help in proving the legal entitlement of the concerned applicant.
    • Trademarks held by legal entities due to which any deal is banned.
    • Foreign and national medals, coins or bank notes.
    • Trademarks which include expressions or words like Registered, Copyright, Concession, imitation (substitution) is considered fake, or other similar phrases.
  • Trademarks which are purely a version of a well-known trademark or already registered trademark if the registration regarding the products confuses the customers.