Imagine waking up one morning and seeing your creativity on someone else’s cheaper and poor-quality canvas. It is heartbreaking when your original idea gets copied by others and you feel helpless and hopeless about it. Fashion is one such field of art and design, where ideas are freely copied and produced as original every day. One needs to play safe and abide by all the rules and Fashion Laws.
When it comes to Emirates, fashion is a booming business. Many talented contemporary designers are stepping forward in the fashion industry with new trends, designs, and looks. The fashion market of the UAE is growing into haute couture and readymade clothing, along with the traditional hijabs and kaftans. With the growth of online business worldwide, UAE is also venturing successfully into the online market of fashionable clothes and accessories. Therefore, setting up an online or offline fashion business is possible amongst the fashionably aware crowd of the UAE.
When starting a clothing or fashion business, there are so many aspects to consider: capital investment, the salary of employees, target audience, production of the goods, marketing, and advertising, geographical reach, market research, quality, etc. But the foremost aspect before launching the product is the safety of the business. Legal formalities, business rights, business laws, specifically Fashion Laws concerning fashion business, should be thoroughly transparent and systematically completed. We at are a team of highly qualified and dedicated lawyers dealing with the UAE’s legal matters. So, let’s address each aspect of law regarding a fashion business.
What are some of the threats to the budding fashion business?
Going forward with a fabulous business idea is excellent. Having a unique business logo, domain name, graphic, business description, and motive is exciting. But what if someone else out there claims your business name as theirs? What if a local business sells your idea of graphics or designs or unique fabric at a lower price and quality? With the advancement of technology, such issues have become too familiar. Thus, some major threats to a business include:
- Identical or similar domain names
- Same or similar trademarks and patents
- Alike or similar designs, drawings, graphics, or product model
- Copy of promotional strategies on the internet, including social media
- Duplicate digital content on the social media platform of the business
How can a fashion business avoid such threats?
Understanding the importance of IPR (intellectual property rights) and its different types are crucial for any fashion business industry member. The need to protect the business from predators, copycats, scammers, and fraudsters, is the first step in growing a safe and everlasting business.
- Registering for trademarks, business names, copyrights, and domain names
- Making social media accounts and securing them by linking them to the registered domain name
- Payment of the above services on time for securing the originality spot and protection certificate
From clarifying the laws and legalities of business strategies to the entrepreneur and protecting their business from predators by keeping them up to date with the required registrations, legal firms have a vital role to play. You can visit our office or book online consultation for the best and trustworthy legal assistance for any type of business. Our resourceful and qualified advocates offer reliable legal services.
Why is protection important?
It is necessary to protect the owner of the original product, idea, or design from the copycats with the appropriate legal measures. Prohibiting the third parties from duplicating the designs or confusingly using the techniques for their profits.
- The legal protection gives exclusive rights to the design owner, and hence, none can imitate their methods.
- The security of brand name assures trust, quality, and reputation among the customers and in the market,
- There are many legal vehicles to protect the designs from third parties, including industrial design as the main, along with intellectual property rights such as patents, trademarks, and copyrights.
- Moreover, intellectual property protections act as an asset of the business and also increases their market value.
What does the law state?
- In the UAE, the industrial designs are covered under, Law No. 44 of 1992. It defines the term “Industrial design” as “any form constituted by lines or colours, or any three-dimensional form that is primarily related to lines or colours, provided that it has a specific appearance and can be used as a model in industry or handicraft.”
- Article 44 of the law says that the industrial design is entitled to protection under the law only if it is registered in the Special Register maintained by the Directorate. All the official charges must be paid according to the By-Laws of the Law along with the application for registration. Post these submissions; the application is studied as per the legal procedures.
- The application for property rights can have more than one idea, design, or model, etc., provided that all those products are linked to each other via production and usage.
How does the law protect the entrepreneur?
Upon successful application and approval, the applicants get the design certificate. This certificate protects them by limiting any third party from undertaking the following:
- Using that particular design, idea, model, drawing, or graphic for producing any product.
- Sourcing in or owning any such product which is similar to the design, theory, drawing, or model for reselling or using.
- The Ministry of Economy reserves the right to ask for more information before processing the registration application or before awarding the certificate.
How can a fashion brand register for trademarks?
Registration of a trademark is the prime step to protect the IP rights of a fashion business. Since UAE has a growing and competitive fashion market with investment from foreign industries, the trademark agents of UAE highly suggest registering the company.
Fashion brands in the UAE can register for trademarks through The Nice Classification system. It is an international system of classification of goods and services into 45 classes. The brands decide to register their business under a particular style. The fashion industry can be divided into four main categories according to this system, which is as follows:
- Industry for Jewelry and Watches – Class 14: this includes jewels, heavy metals, alloys, precious gems, diamonds, etc.
- Textile Industry – Class24: this also provides furniture covers.
- Clothing Industry – Class 25: This class also covers footwear and headgears.
- Cosmetics & Perfumes – Class 03: this includes personal care items too.
- Leather Industry – Class-18: this consists of a replica of leather, or animal skin for travelling bags, etc.
- Online Trade for Fashion Business – Class 35: for online businesses of all the above-mentioned fashion goods, they need to register in this class.
Why choose Bin Eid Advocates?
Bid Eid Advocates is a reputed Intellectual Property Firm in UAE. We have qualified professionals to deal with the matters of Intellectual Property in the UAE. Below are the major categories of IP services we offer —
- Litigations related to Intellectual Property
Our law firm has a team of specialized advocates with approximately 90% of success rates in the last 15 years. We make sure your disputes and settlements are made hassle-free and timely. Contact us now to get the best protection rights for your fashion enterprise.