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When you own a trademark, your business ideas, goods, or services are protected. This article gives a long list of the rights that come with owning a registered or unregistered trademark.

Keep reading : Trademark registration in Dubai

Table of Contents

What is a trademark?

A trademark is a type of property that comes from the mind. It is a word, symbol, label, numismatic character, design, or a combination of these things that shows how your products or services are different from those of your customers. It is protected by Intellectual Property Rights (IPR).

You will be Interested on : Information on Trademark Registration

Use of a trademark

To protect your brand legally from people who try to steal it.
To make a name for themselves in the market.
To set your goods and services apart from those of your rivals

You will be Interested on : How to Register Trademark in the UAE

Registered vs. Unregistered Trademark

To get a trademark, all you have to do is start using it on your products or services. This means that the rights you have when you own a trademark depend on how you use it. It’s important to remember that these rights only apply in certain parts of the world where your goods or services are sold. If you want your rights to be stronger and to cover the whole country, you should register your trademark.

You can use a symbol to let your customers know that you own a trademark. Even if you haven’t registered your trademark, you can still use it by writing “TM” next to it. The symbol “®” can be used by the owner of a registered trademark to let people know that their trademark is registered.

Applying for a trademark online makes it a business’s property that can’t be taken away. It protects the logo or brand of the company.

Keep reading : Trademark Registration Process in UAE

Rights of an Unregistered Trademark Owner

The owner of an unregistered trademark can stop anyone else from using a trademark that looks too much like theirs. When competitors do this without permission, it’s called passing off. Common law rights can be used to start a case for trademark infringement that hasn’t been registered.

To take action against a pass-off, the owner must be able to prove the infringement by showing the following important things:

The owners of the trademark built up goodwill in the market.
Making a false statement about what the defendant did
The loss that the owner has suffered or is likely to suffer

You will be Interested on : Agency for Registering Trademark in Dubai

Rights of a Registered Trademark Owner

There’s no rule that says you have to register your trademark. But registering it gives you more rights than if you just used it without registering it. It is a hard thing to do. But once it’s registered, the owner gets some valuable rights. Let’s make a list of them.

1. The Right to Exclusive Use

Under certain conditions, you have the right to use the trademark only for the products and goods for which it was registered. If the trademark is registered to more than one owner, each owner will have the same rights as other people who haven’t registered.

2. The Right to Statutory Remedy for Any Infringement

Since the owner has exclusive rights to the registered trademark, he or she can go to court if their registered trademark is infringed in a way that is against the law.

3. Right to Assign

A person who owns a registered trademark can give it to someone else through a licence or an assignment. They can give valid receipts for these kinds of jobs.

4. Right to Register Correction

The owner of a registered trademark can ask to have the name, address, or description of the registered owner changed in the register. He has the right to remove any trademark from the register or any group of goods and services from the register.

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