Doing business in the UAE, protecting your trademark rights is crucial. The UAE's trademark law provides an effective protection mechanism to ensure fair competition in the market. Knowledge of trademark law, registering well-known trademarks, trademark protection, licensing trademarks, and trademark infringement and passing off laws in the UAE will help you protect your trademark rights when doing business in the UAE.
The UAE's trademark law, the Trademark Law (Federal Decree No. 36) of 2021, provides effective protection for trademarks. The law is similar to the process in European jurisdictions, allowing business owners who are familiar with IP issues to adapt quickly.
If your trademark has become a valuable asset, it may become a target for competitors. The new company may try to use your trademark without your consent, unfairly exploiting the value you have accumulated over time. In this regard, the UAE's trademark law has special provisions for well-known trademarks:
1.Definition of a well-known trademark: refers to a trademark whose reputation has transcended the borders of the country of registration and entered other countries. The same or similar goods or services may not be registered unless the application is made by or with the approval of the owner of a well-known trademark.
2.Factors to determine whether a trademark is well-known: consideration of the extent to which it is known to the public for promotion, the duration of registration, the use of the trademark, the number of countries in which it is registered or known, its value, and the degree of influence on the promotion of the goods or services distinguished by the use of the trademark.
3.Prohibited Registration: A well-known trademark cannot be registered to distinguish goods or services that are identical or similar to the goods or services that are not distinguished from it in two cases: the use of the mark indicates that there is a connection between the goods or services to be distinguished from those of the owner of the well-known trademark;The use of the trademark would be detrimental to the interests of a well-known trademark owner.
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1.Term of protection: The term of protection for a trademark is 10 years, starting from the date of filing the application. If a renewal is required, the rights holder may renew the trademark registration by submitting an application to the department within the prescribed period in accordance with the prescribed conditions and procedures.
2.Permitted use: The owner of the trademark may choose to use his trademark himself or to license one or more natural or legal persons to use his trademark for all or part of the registered goods or services. Unless otherwise agreed, the duration of the license may not exceed the term of trademark protection.
3.Registration process: The process of registering a trademark in Dubai is relatively simple, including preparing a reproduction of the trademark, determining the registered class and items of goods or services, filing the application and paying the relevant fees, reviewing by the Ministry of Economy, issuing a public notice (opposition period), and registering and issuing a certificate if there is no opposition.
After the trademark is registered, in order to ensure the continued validity and protection of the trademark right, you need to carry out the following maintenance work:
1.Monitor the actual use of trademarks to prevent infringing use by others;
2.Deal with infringement in a timely manner and take legal measures to protect trademark rights;
3.Update trademark information to maintain the validity of trademark registrations;
4.Conduct regular trademark examinations to ensure the continued validity of trademark rights.
Summary: Trademark law in the UAE provides strong protection for trademark holders. Understanding and following these regulations will help you grow your business in the UAE and ensure that your trademark is properly protected. If you have any questions or need further assistance, please do not hesitate to contact us.
This article was carefully compiled by the Azerbaijan-China Industrial Research Institute. The Middle East Legal Center of the A-China Industrial Research Institute has brought together an excellent team of lawyers from China's top law firms, and has joined forces with legal elites in the Middle East to provide comprehensive and professional Middle East legal services for Chinese enterprises.
Focusing on the broad business opportunities in the Middle East, the A-China Industrial Research Institute provides one-stop landing services for the all-round development of Chinese enterprises in the Middle East, covering business consulting, legal affairs, company registration, financial and tax planning, human resource allocation, property leasing management, investment and financing and other fields. Our goal is to be a strong backing for Chinese companies to expand in the Middle East, helping you to take root, grow and prosper in this hot land.