1. What are trademarks?

    

   A trademark is specifically a creation to identify a business product. A trademark includes without limitation: names, signatures, words, designs, a smell, a sound, symbol, device, shape of goods, their packaging, or any combination which is used or intended to be used to identify and distinguish the goods of one company from those of others. In the same way, a service mark identifies and distinguishes your service from that of another.

   Despite the distinction, the term “trademark” is commonly used to describe both forms of such intellectual property rights; businesses typically use both marks.

    

2. How do I protect my trademark?

    

   Protection is obtained through registration, which grants its owner the exclusive right to use it to identify and distinguish its goods and services from others. A registered trademark must specify the types (or classes) of goods and services in relation to which it is used.

   For example, in Qatar, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected.

    

3. Don’t I need to register my mark someplace? And what are the benefits of registration?

    

   In order to register a trademark or service mark, an application must be submitted with the Patent and Trademark Office; When the registration is approved, the entity may legally mark the product or service with the registered trademark symbol, ®. Using this symbol without registration is illegal.

   Registration greatly enhances the value of the legal entity ‘s brand. A trademark or Service mark’s owner enjoys significantly greater rights and protections for a registered mark than for an unregistered mark. In some jurisdictions, trademark registration is mandatory to be granted rights over a trademark, as it is a "first to file" jurisdiction. Only in some exceptional cases can an unregistered trademark be protected.

    

4. How long will my trademark rights last?

    

   The term of protection is valid for a period of 10 years from the date of filing the application, in Qatar as well as Egypt and 15 years in Lebanon for example; such term may be renewed by a renewal of the registration. The renewal must be in compliance with the Trademarks Law.

    

    

    

    

    

    

5. What to do before registering a trademark?

    

   Before registering the trademark or service mark, the legal entity must be able to show that its business is the owner of the mark. The company should also be sure their trademark or service mark is not similar to an existing one.

   The pre-filing search and background checking is primordial to prevent any future conflict and as a failure to properly search existing trademarks, once you have filed for registration of your new mark, it may be liable for revocation if the existence of a similar pre-existing mark comes to light. This evidently poses a significant waste of time and resources for your business.

   This means that a lack of awareness surrounding these searches could hamper the exclusivity and value of your mark.

    

6. Are domain names the same as trademarks?

    

   While your domain name and your trademark may be the same word or phrase, they are different things.

   A domain name can be registrable as a trademark if it functions to identify the source of particular goods or services. This includes the use of the domain name on the actual pages of a website offering services, and offline use of the domain name as something more than just a URL address, such as use of the domain name on marketing or promotional materials for services, and use of the domain name on packaging for a product.

    

7. What exactly is infringement of my trademark?

Trademark infringement occurs when someone else uses the same or a confusingly similar mark for the same or closely comparable goods or services without permission. The criteria for infringement is whether consumers are likely to assume that goods or services share a common source when they do not because of the resemblance in the marks as well as the goods or services of the parties involved.

1. Can I transfer my trademark rights?

Yes, you certainly can. Trademarks and service marks can be licenced for use by others as long as the mark owner retains control over the manner in which the mark is used and the quality of products or services supplied under that mark.

A trademark or service mark can be purchased or transferred in its entirety. However, in this scenario, the sale or transfer must include not just the mark itself, but also the goodwill of the business that the trademark symbolises (as well as any existing registrations or ongoing applications).