Al-Hiba Intellectual Property offers a full range of legal, procedural, consulting and managerial trademark protection services. Our services are meant to help our clients meet their specific trademark protection needs.

The following list contains examples of specialized services we provide; however, we are able to customize our processes to meet our customers’ needs.

1- Searches
Conducting official search for possible existing conflicting trademarks, and providing professional pre-registration legal opinion on registrability.

2- Prosecution

Prosecution of trademark registration from preparing and filing applications through publications till registrations, and processing issuance of certificates of registration.

3- Renewals

Providing reminding notices during the last year Renewal of the trademarks in our database, and prosecuting renewal on time till obtaining the renewal certificate.

4- Recordals

Providing professional opinion and prosecuting after registration recordals, like assignments, change of name/address, user/license agreements, franchises, amendments, etc.

5- Oppositions

Handling oppositions of Registrars and third parties. Preparing and filing legal counter-statements, attending hearings and following up Opposition cases till issuance of decision.

6- Infringements

Providing legal advice on methods to combat against infringement; Preparing and sending cease and desist letters; Filing and following up Administrative complaints.

7- Litigation

Providing legal advice on trademark revocation and invalidation, and taking over cancellation and counter-cancellation cases before competent courts.

8- Watch Services

Monitoring monthly TM Journals/Gazettes to detect possible infringing trademarks and providing professional report and advice on the best practice to be followed.

Whatever your Requirements, We Work Hard to Achieve it

TRADEMARK

Frequently Asked Questions

A trademark is any word, name, phrase, symbol or device, slogan, package design or combination of these that serves to identify and distinguishes a specific product from others in the market place or in trade. Trademarks come to represent not only actual products and services, but the reputation of the producer. As such, they are considered valuable intellectual properties and, in many cases, the owning corporation’s most valuable asset. A registered trademark can be protected through legal proceedings from misuse and imitation.
The term trademark is often used interchangeably to identify a trademark or service mark.

A ™ is usually used to indicate an unregistered trademark. It is an informal notification that there is a public claim as a trademark.
An SM represents an unregistered service mark. It is also an informal notification that there is a public claim as a service mark.
The ® (commonly pronounced “R-in-a-circle” or “Circle-R”) is a warning notice to advise the public that the mark is registered and their use provides legal benefits. This notice can be used only with registered marks. Use of a ® with any unregistered trademark may result in claims of fraud.

A trade name is used to identify a company or a business and serves as the name of the company or a business. On the other hand, a trademark or service mark is used to identify the source of the products or services that the company or business sells or provides. However, a trade name can also function as a trademark or service mark depending upon the context in which it is used. If a trade name is used as more than just the company name and informs consumers where a product or service is coming from, then it is being used as a trademark or service mark.

No. The following are the main kinds of non-registrable trademarks in most countries:
1- The marks that lack distinctiveness, i.e, trademarks that are mere description of the products they represent, or familiar drawings and ordinary pictures of goods and products.
2- Any mark violating the public morals or desecrating the public order.
3- Marks which may mislead the public as to the origin or the source of products or services, or about their other characteristics.
4-Trademarks that are considered as an imitation/translation of a famous mark or another previously registered trademark if registration of that mark will result in confusing the consumer public as to the goods distinguished by the mark or other similar goods.
5- Trademarks or as elements of trademarks, of armorial bearings, flags, and other State emblems, official signs and hallmarks indicating control and warranty adopted by them, and any imitation from a heraldic point of view.

To provide limited monopoly over the marks, goods and services are divided into several “classes” according to the International Classification, and the protection of the mark would be restricted to certain class(es). Most countries adopt this system. In some countries a separate application for the registration of a trademark has to be filed for each class of goods/service, while in other countries one application could be filed for several classes (multi-class applications).

Paris Convention states that if any party who has filed an application for the registration of a trademark in a certain country can file another application in another country within six months as of the filing date of the first application claiming priority right. This means that the second application will be considered as if it were filed on the date of the first application. This is obviously beneficial for the second application in case another party filed an application for a similar trademark between the filing dates of the first and second applications; the third party’s application will be rejected on the ground of such priority right. This is only applied to the contracting states of Paris Convention for the Protection of Industrial Property.

No. every trademark should be registered under the jurisdiction of the countries it is to be used in. However, it is possible to file an application in a group of countries, such as European Union, Madrid Protocol, OAPI, etc.

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