To be legally valid, a trademark must be distinctive. This means it should clearly set your brand apart from others in the same industry. A name or logo that’s too generic or too similar to something already in use is less likely to be protected under trademark law.

شروط العلامة التجارية: Choose a name that truly stands out

Clear Connection to Goods or Services

Your trademark must be tied directly to the products or services you offer. This connection helps define the scope of your brand’s protection. A strong trademark clearly represents what your business provides, making it easier to defend and enforce.

No Deception or Misleading Elements

A valid trademark cannot be misleading. If the mark suggests a false origin, quality, or purpose, it’s likely to be rejected. For example, using terms that imply health benefits or country of origin that aren’t true can disqualify your trademark.

Not Already in Use

Before registering a trademark, it’s important to ensure it isn’t already being used by another business in a similar field. A mark that conflicts with an existing one can be challenged or even invalidated. Conducting proper checks beforehand is crucial.

قانون العلامات التجارية: Do your research before filing your mark

Capable of Representation

A trademark must be something that can be represented clearly. This includes words, logos, or designs that can be visually or textually described. Ambiguous symbols or unrecognizable shapes may not qualify as protectable marks.

Non-Functional Design

If part of your design serves a functional purpose (like the shape of a bottle for easier grip), it cannot be trademarked. Only non-functional elements—those used purely for branding—are eligible for trademark protection.

Not Too Descriptive

Descriptive terms that simply describe a product or service—like "fresh bread" or "quick delivery"—are generally not accepted as trademarks. To be valid, a mark should suggest the brand’s personality or story, not just describe the service.

إجراءات تسجيل العلامة التجارية : Avoid overly simple or descriptive brand names

Consistent Use Across Platforms

To maintain a valid trademark, it must be used consistently. If you register a specific logo or spelling, that version should appear on your packaging, website, and materials. Inconsistent usage can weaken your rights or lead to abandonment.

Compliance with Local Laws

Each region has specific rules for what qualifies as a trademark. To ensure your brand is protected where you operate, it’s essential to follow the legal guidelines of that jurisdiction and submit all required documentation properly.