How to manage your trademark portfolio in the Middle East

Do you really need an experienced trademark attorney to manage your trademark portfolio in the Middle East, or can you simply manage your trademarks through entrusting the agent that quotes the least in its professional fee? Does it really justify appointing a solid but somewhat expensive attorney if you know what classes are relevant, and how to choose your mark?

In order to answer these questions, you will need to survey the functions of the trademark offices in the Middle East and understand whether one can read the trends of the examining officers or the registrar, and accordingly anticipate what is registerable and what is questionable. How can you read trends in the ever-changing staff at the United Arab Emirates (UAE) Trademarks Office? How can you read trends in the Kuwaiti Trademarks Office, which does not provide the service of a trademark search? Or in the Kingdom of Saudi Arabia (KSA) Office, where examination decisions vary drastically according to examiners sitting next to each other in the same office.

Challenge and prevail

When one analyses the functions of the trademark offices (TMOs), one might question whether it is worthwhile and safe to protect trademark rights in the region. This author would not go that far, however it requires a lot of time and effort to challenge and prevail against rejections or opposition decisions taken by the TMOs.

Omar Obeidat is a partner and head of the intellectual property department at Al Tamimi & Company