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Have you ever heard about UAE Trademark Law before? First of all, we have to talk about something; most CEOs are primarily concerned with establishing new firms in new countries, expanding current enterprises, or enhancing the quality of products or services. 

However, in their eagerness to increase the company’s revenue, they frequently forget the crucial necessity to safeguard their precious trademarks. 

At the time of forming a new corporation, it is critical to evaluate how to protect the company’s trademark, as well as whether the trademark infringes on the rights of others. 

The same is true if you want to do business in the United Arab Emirates (UAE) or if you do business there presently.

One of the most precious assets you can own is a trademark. It is highly suggested that you register your trademark at the time of establishing your business in the UAE to protect and enforce your trademark rights.

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Overview of UAE Trademark Law

The UAE government has taken admirable steps to establish strong trademark legislation. 

The UAE Trademark law presents an approach to trademark protection and the processes employed to carry it out are strikingly similar to those used in European jurisdictions, and many company owners already versed in intellectual property concerns will recognize them.

The Federal Decree-Law no. (36) of 2021 Issued on 20/09/2021 ON TRADEMARKS ensures that trademarks in the UAE are effectively protected. 

The Trademark Law contains several laws defining the steps involved in registering a trademark as well as the penalties for failure to do so. 

What will we offer you Today about trademark law in UAE? 

Trademark registration in Dubai

A Trademark is everything that takes a distinctive shape of names, words, signatures, letters, Symbols, numbers, addresses, seals, Drawings, Pictures, Engravings, packaging, graphic elements, forms, color, or a combination thereof, a sign or a group of signs, including three-dimensional marks, Hologram Marks, or any other mark used or intended to be used to distinguish the goods or services of a facility from the goods or services of other facilities, or to indicate the performance of a service, or to conduct monitoring or examination of goods or services. A distinctive sound or smell may be considered as a Trademark.

Your trademark may become a goal for competitors in the region if it becomes a valuable asset. New companies may attempt to use your trademark without your consent, unfairly leveraging the value that you have built up through time or, in the worst-case scenario, eroding your brand’s equity. 

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Registering a well-known Trademark

1- A well-known Trademark whose reputation has exceeded the borders of the country in which it was registered to other countries, may not be registered for identical or similar goods or services unless an application is submitted to that effect by the owner of the well-known Trademark or with his approval.

2- In order to determine whether a Trademark is well-known, the extent to which it is known to the concerned public as a result of its promotion, the period of its registration, its use, the number of countries in which it is registered or well-known, its value, or the extent of its impact on the promotion of goods or services that use the well-known Trademark to distinguish them, shall be taken into account.

3- Well-known Trademarks may not be registered to distinguish goods or services that are not identical or similar to those distinguished by these Trademarks in the following two cases:

a- If the use of the Trademark indicates the presence of a connection between the goods or services required to be distinguished and the goods or services of the owner of the well-known Trademark.

b- If the use of the Trademark would harm the interests of the owner of the well-known Trademark.

The right to register a Trademark

Any physical or juristic person shall have the right to register his/its Trademark.

Trademark protection period and extension thereof

The period of protection resulting from the registration of a Trademark is (10) ten years starting from the date of filing the application. If the right holder wishes to renew the protection for similar periods, he may file an application to renew the Trademark registration with the Ministry during the periods, and in accordance with the conditions and procedures specified by the Implementing Regulation of this Decree-Law.

Contracts Licensing the Use of the Trademark

The owner of the Trademark may use it himself, and he may also license one physical or juristic person or more to use the Trademark for all or some of the goods or services for which it is registered, unless otherwise agreed upon, and in accordance with the procedures and controls stipulated in the Implementing Regulation of this Decree-Law.

The duration of the licence may not exceed the period prescribed for the Trademark protection in accordance with the provisions of this Decree-Law.

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So, how can you make sure your business’s trademark is safe?

This is a question we get a lot, especially from overseas companies trying to expand in the UAE.

Foreign enterprises should, without a doubt, register their trademarks to gain and maintain their rights. To register a trademark in the UAE, you must apply to the Ministry of Economy. 

When a corporation invests in such protection, it gains uniqueness over the rights, which means it can prevent others from utilizing the same right.

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What is trademark infringement and counterfeiting UAE law?

The UAE trademark infringement law is a set of legal provisions that protect registered trademarks and prevent unauthorized use of a registered trademark or a similar mark that may confuse consumers or dilute the distinctive character of the original mark. The law is primarily governed by Federal Law No. (37) of 1992 on Trademarks, as amended by Federal Law No. (8) of 2002.

According to the UAE trademark infringement law, any person or entity that uses a registered trademark or a similar mark without the owner’s consent is considered to have infringed on the owner’s rights. The law also prohibits the registration of a mark that is identical or similar to an existing registered trademark.

The law provides several remedies for trademark infringement, including civil and criminal penalties such as fines, imprisonment, and damages. The owner of the trademark may file a lawsuit against the infringer and seek compensation for any damages incurred due to the infringement. Additionally, the owner may also seek an injunction to prevent further use of the infringing mark.

To enforce trademark rights in the UAE, the owner must register their trademark with the UAE Ministry of Economy, which is responsible for administering and enforcing the trademark law. The registration process involves filing an application and providing evidence of the mark’s use and distinctiveness.

Overall, the UAE trademark infringement law is designed to protect the rights of trademark owners and ensure fair competition in the marketplace.

conclusion

You can obtain legal advice from Khairallah Advocates & Legal Consultants in the United Arab Emirates about your trademark and the procedures required to register it. We can assist you in registering your trademark globally.

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