PROTECTION OF ARTISAN AND VISUAL ARTIST UNDER TRADEMARK: FAQs

Q1. What exactly is a brand?

A trademark is any distinctive mark that identifies and differentiates the goods and services of a specific business from those sold or offered by others. A mark can be a word, a letter, a
a number, a design, an image, a shape, a logotype, a label, or any combination of these elements.

Read also: How to choose a strong brand in the UAE?

Q2. Why are trademarks important in fine crafts and visual arts?

Artisans and visual artists may use the Trademarks for a variety of purposes, including:

I. Promote product sales:

A trademark will improve product sales by conveying a favorable message to consumers.

ii. Engage consumers:

Handicrafts and visual arts must compete with other products that are often identical or comparable to them or that are good alternatives to them. A trademark allows consumers to differentiate and recognize the products of an artisan or visual artist from those of competitors.

iii. Help to promote the image in the market

A brand also builds good, long-term relationships – and often emotional bonds – with customers by constantly promoting an image or notoriety.

iv.Helping clients make decisions:

In the case of handicrafts, buyers are often faced with the dilemma of choosing between similar or nearly identical items. Trademarks help buyers select products that have the characteristics they want. It is possible to express product information in a few words by using trademarks in advertising (eg, product marketing, literature, packaging and point-of-sale displays).

v. Increase product turnover:

Customers are generally willing to pay a higher price if they feel that the product and its quality and features, as expressed by a successful brand, are worth the higher price.

vi. Help increase or maintain market share:

Trademarks make it easier to launch new items or reposition old ones. A good branding and advertising campaign allows artisans and visual artists to interact with distant customers in a much wider geographic area than would otherwise be possible.

vii. If you succeed, you can earn more money:

A trademark can become synonymous with the brand image and image of an artisan or visual artist business and can become an asset that increases in monetary value. Other businesses or individuals may be interested in selling items under a high-value mark owned by an artisan or visual artist, particularly if the mark has become well-known.

Q3. Why protect the marks of artisans and visual artists?

Proper trademark protection grants the owner the exclusive right to prohibit others from marketing the same type of product or a comparable product under the same or a confusingly similar trademark. Also, if a trademark is sufficiently protected, it can be licensed to others or used as the basis of a franchising or merchandising agreement.

Read also: Expert tips for choosing a brand name in the UAE

Q4. Is it possible for artisans and visual artists to register their name?

Yes, they can register their name as a trademark as long as the trademark office deems it “distinctive”. Whether or not a name is distinctive is determined by several things. Generally, the more popular a name is, the less likely it is to be considered unique, as there are likely to be many people with the same name.

Example: Mikey Senkarik is an artist who creates oil paintings. Mikey looked too much like a guy or an amusement park, so her name is “Mikki Senkarik”. Mikki has her name registered as a trademark in several countries, and she signs all her works with this name. Make it unique, personal and easily identifiable. Your signature is valuable.

Q5. Who owns a brand if an artisan or visual artist asks or hires another person or company to make it?

A creator owns copyright in creative or artistic works in most countries, such as branded artwork. Therefore, when outsourcing the production of a trademark, it is advisable to clarify copyright (and design rights) ownership concerns in the initial agreement or ensure that the rights to the proposed mark are properly transferred to the artisan or visual artist who commissioned it.

Q6. What is the right way for artisans and visual artists to use their brand?

The use of trademarks is useless if they are not used correctly and in accordance with trademark regulations. Artisans and visual artists should use them:

I. With a trademark notification:

The inclusion of ®, TM, SM or similar symbols next to a trademark is not required by all laws and often provides no additional legal protection. Nevertheless, it will alert potential offenders.

ii. Apply to product:

This can be accomplished by applying them directly to a product, to boxes in which the product is packaged, or to tags or labels attached to merchandise, and by employing them in signs and other advertisements, on letterhead paper. letterhead and invoices, correspondence, websites, etc.

iii. Award:

If a trademark is registered as a logo with a specific design or font (typeface), the original font and logo, whenever possible, should be used.

iv. Through advertisements:

Each advertisement, press release, label or technical document created by artisans and visual artists can increase or decrease the value of their trademarks, depending on how they are used. Even if unintentional or modest, misuse can destroy the value of their brands over time.

v. Through careful licensing:

If artisans and visual artists license their trademarks to others, they should closely monitor how they are used. The license agreement should include guidelines for the licensee’s use of the mark and the quality of the items or services with which the mark will be associated.

NEED HELP WITH TRADEMARK REGISTRATION – CONTACT US NOW

The trademark registration procedure in the United Arab Emirates seems to be easy and simple. However, any mistake in submitting the application form or submitting the document may result in the rejection of the trademark. Therefore, it is best to choose a business consultant who is experienced and familiar with the trademark registration process in the UAE.

Business Advisors at Farahat & co. will provide full assistance in registering a trademark in the UAE and ensuring that all legal criteria are met. With our in-depth knowledge of the business setup, we can help and support you to complete the trademark registration process and achieve a favorable outcome. Do not hesitate to contact us; We will help you with pleasure !

Reference:

https://www.wipo.int/edocs/pubdocs/en/intproperty/itc_p159/wipo_pub_itc_p159.pdf

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