When to Pursue Trademark Litigation in the UAE?
Trademarks are one of the most valuable assets a company can have and a business will thrive or wither depending on the strength of its IP and how well the company protects it. Trademark litigation services in Dubai help businesses ensure that their trademark is fully protected. Most importantly, trademark litigation services providers in Dubai can go to court to defend their clients’ trademarks from infringers.
However, businesses need to have a clear idea of when they should go to court to secure their trademark assets. The below blog will enlighten you on the top instances you should pursue trademark litigation in the UAE. Read ahead and gain more insights:
When the Infringement is Harmful
It is a solid ground for trademark litigation in the UAE if another person or entity attempts an unauthorized use of your registered trademark. When another entity makes profits off your logo or brand name, it is a violation of your right to any proceeds earned from your protected brand or product. In such a situation, brand owners should consult with firms providing trademark litigation services in Dubai to pursue IP litigation.
When the Infringement is Obvious
In some cases, you may see entities or persons promoting products or counterfeiting products. In some cases, the offender may be unaware of its use of a protected trademark because it failed to conduct a proper search. In these cases, the answer is the same: hire a trademark litigation service provider in the UAE and draft a cease and desist letter. If the offending party continues the unauthorised use of the IP even after receiving the warning, go for trademark litigation in the UAE.
When the Infringement is Intentional
The most troubling type of trademark infringement involves an infringer that willingly infringes upon your trademark rights to improve its business interests. These parties can include a large corporation that has grown overconfident by infringing or an aggressive party that believes it can intimidate the IP owner. Trademark infringers like these should be properly handled by pursuing litigation with the help of trademark legal services in Dubai, UAE.
When a Legal Agreement is Breached
Big international groups expand into the UAE through franchise agreements that are underpinned by trademark licenses. For example, international brands like KFC and McDonald’s have several branches across the UAE. However, their UAE Subsidiaries are operated by regional companies through full-rights franchise agreements. These agreements include detailed provisions related to trademark usage.
However, parties that sign the franchise agreements can violate the conditions agreed upon in the contract. For example, the UAE company that has the KFC trademark license can use the KFC logo against the terms stated in the franchise contract. If such a breach of agreement happens, the company can go for trademark litigation through trademark litigation firms in Dubai, UAE.
How to Approach Litigation Properly?
A careful approach is needed while analyzing the grounds for filing a trademark lawsuit in the UAE. You may require the assistance of companies providing trademark litigation services in the UAE for this. A trademark lawyer must carefully review a case and weigh the costs and benefits before attempting to enforce its trademark, including by filing a lawsuit.
During this process, the owner of the registered should be forthright with its legal service provider. They must truthfully and completely answer the questions posed by the trademark attorney and do their best to provide as much relevant information as possible in a timely manner. The quicker and more efficiently you take action, the less damage the infringement will cause to your professional portfolio and bottom line.
Consult with the Best Trademark Litigation Services in Dubai, UAE
To effectively manage legal disputes related to trademark usage, businesses must hire professionals offering the best trademark legal services in Dubai related to drafting contracts, trademark registration, enforcement, and litigation. Companies such as Jitendra Intellectual Property (JIP) can provide robust trademark litigation services in Dubai to brand owners of all industries. With years of experience in trademark registration, enforcement, and litigation, JIP can offer businesses the necessary legal services, including drafting contracts and defending them in court in case of trademark infringement.