A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. Such design becomes closely related to your company and its service level in customers’ minds. Individuals use this trademark and name among themselves as distinctive for the goodwill of the business and for the purpose of preventing others from designing a similar or identical mark to mislead customers and exploit the trademark’s reputation for their benefit. Therefore, you should register your trademark locally, internationally or in specific countries depending on your activity and future investment in other countries. Another reason for registering your trademark is that trademark registration would be highly useful if you wanted to obtain licenses for other companies in the same region due to the similarity of the nature of customers and their need to such service. Thus, Nour Attorneys & Legal Consultants can register your trademark locally and internationally on your behalf. Moreover, we can draft licensing and franchising contracts for the various activities and trademarks all over the world.
First: Trademark Registration Locally and Internationally
1- Inexpensive Initial International Protection of Trademarks
Nour Attorneys & Legal Consultants team works to register your trademark, but meanwhile, for the initial protection of your business, we assist you to register your trademark through the United States Federal System, for example, hence, you can use the TM logo next to your trademark. Since the said procedure enjoys international protection under the international agreement between the United States of America and other countries, it protects your trademark temporarily until you can register your trademark internationally.
2- Full International Protection, Including Local Registration in Each Country
At Nour Attorneys & Legal Consultants, we are fully capable of registering your trademark internationally in all countries all over the world. Such protection procedures are implemented at a high cost, including the cost of licensing in each country through submitting the trademark protection application to the competent international authority.
3- Local Protection in Specific Countries
Nour Attorneys & Legal Consultants team can register your trademark in each country you are concerned with registering the trademark in through our agents in different countries.
Second: Trademark, Commercial and Industrial Activity Licensing Services
In addition, we are able to license trademarks in other countries in case if you wish to grant a license or franchise to another company in return for a percentage of net profits or income for using your trademark while complying with your instructions on service procedures and quality. Moreover, you will be entitled to oblige parties to use specific products from a specific provider or of a specific quality and to train their staff and other matters. In this regard, we focus on the following:
1- Drafting Trademark Licensing Agreements
Nour Attorneys & Legal Consultants team separately drafts trademark licensing agreements from the license agreement to ensure that the agreement may be terminated separately from the license. This also aims at depriving the licensee of the ability to register the trademark, similar marks or sub-marks independently of the license agreement that may be terminated between the parties.
2- Drafting a License/Franchise Agreement for the Commercial Activity
Nour Attorneys & Legal Consultants team specializes in drafting license or franchise agreements that include the tiniest details with regard to licensing and franchising such as, for example, the franchisor’s ownership of phones and business numbers, the right to acquire the licensed place if it is rented and renting it for a specified period if it is owned by the franchisor, as well as licensing practices and the mechanism for resolving any complaints. These details also include the prohibition of launching websites or making an e-mail with a name that is similar to the activity’s name, the prohibition of issuing any publications without the contest of the licensor or the franchisor, and the prohibition of giving discounts as well. In addition, such agreements also include matters such as training processes, training and inspection costs, the cost of audits conducted by secret inspectors, as well as requiring the licensee to keep a reserve of products with a specified percentage. Moreover, these agreements also tackles the licensee’s obligations concerning local and international tax accounting, advertising fees, and local and international markets. Said agreements are drafted in the form of small booklets, however, they are highly effective when it comes to protecting your interests.
3- Drafting an Agreement for the Exploitation of Exclusive Products from Specific Sources
At Nour Attorneys & Legal Consultants, we draft agreements that require the licensee to purchase the raw materials which are used to provide the service under specific conditions, from a specific source or trademark with the obligation to purchase products of such trademarks and provide a proof of that. We require the licensee to sign a manufacturing agreement with the licensor or the franchisor.
4- Drafting Personal Guaranty of License Agreement
At Nour Attorneys & Legal Consultants, we obtain personal guarantees from licensees, in particular with respect to damages and compensation for damages. Assuming that the licensees refuse granting a personal guarantee, we draft such agreements to be limited to damages to ensure that licensees comply with the terms and agreements of licensing or franchising.
5- Drafting Licensee Undertakings
Furthermore, we work to get all possible guarantees for our clients to ensure that the reputation of his business or his trademark will not be damaged or deteriorated.
Indeed, Nour Attorneys & Legal Consultants provides Legal services in Dubai offers you various trademark registration, licensing and franchising services through a professional team that is highly specialized providing legal business services.
August 4, 2021
July 3, 2021