An Overview of Trademark Litigation in the UAE: Protecting Your Brand’s Identity

Protecting your business or brand identity is one of the vital considerations of owners, as there are always competitors and potential infringers looking for a chance. Trademark laws in the UAE protect the trademarks and logos of businesses, which can include marks, signs, logos, symbols, letters, images and much more. Trademark litigation is the process by way of which businesses get to protect their brand’s identity.

You need expert trademark litigation services in UAE from JIP (Jitendra Intellectual Property) to resolve your trademark-related disputes quickly and seamlessly. As a business, you cannot spend your precious time resolving these issues, ignoring other crucial business activities. So, JIP is here to assist you.

1. Trademark Opposition: These are the cases when some already registered brands challenge your trademark registration application, claiming that your filed and published trademark is somehow similar to theirs and can harm their brand name.
2. Trademark Infringement: This includes any case regarding illegal or unauthorized use of a brand trademark or brand which you believe is deceiving your customers using your trademark.
3. Trademark Cancellation: This includes cases where you can request to cancel a registered trademark that you believe is illegal or unauthorized.

Key Concepts About Trademark Litigation

You should know the following key things for trademark litigation;

1. Trademark Legislation: The current trademark law that regulates trademarks in UAE is Federal Decree Law No. 36 of 202 and its executive regulations issued by Cabinet Resolution No. 57 of 2022.
2. Trademark Office: MoE (Ministry of Economy) is the national trademark office for trademark matters.
3. Trademark Registration: Owners must register their trademarks if they want to avail themselves of trademark protection in the UAE.
4. Court Process: Trademark litigation cases involve court processes such as hearings at the competent Court of First Instance, Court of Cassation and Court of Appeal.

Process of Trademark Litigation in UAE

For any trademark litigation case at the competent court , the procedures have to go through the following;-

•  Lodge a Complaint

A business that wants to challenge a trademark must file a complaint with the Court of First Instance and pay the prescribed fees. The court will contact the defendant and require action from them.  However, the Magistrate of Summary Justice may, when necessary, issue the order, at the request of the petitioner, without summoning the other party, if it is likely that the delay in issuing the order may cause irreparable harm to the plaintiff or if there is a fear that the evidence will be lost or destroyed. In this case, the other party shall be notified of the matter without any delay forthwith its issuance, and when necessary, the notification may be made immediately after the execution of the order.

• Wait for a Response from the Defendant

The defendant will be given a deadline to respond to the claim, within which they can also lodge a counterclaim to refuse the original claim.

• Go through the Trial

The court conducts a trial that can last up to 80 days. During the trial and hearings, both parties present testimonies, evidence, and supporting documents. The court considers submissions from both parties before taking a decision.

• Wait for the Court’s Judgement

After the trial is completed, the court completes the judgement and issues a decision along with the reasons supporting the judgement.

• File an Appeal

The party that loses the case can again file an appeal against the court’s decision to the Court of Appeal. The court hears the appeal and again issues its decision.

• Results of Court Judgement

The court’s judgement can result in the following for the applicant;

• The court can order the losing party to compensate for damages.
• The court can order the confiscation or destruction of infringing products.
• The court can cancel the registration of infringing trademarks.
• The court can impose penalties on the infringer.

Best Practices for Businesses

• Businesses should conduct proper trademark searches before registering a trademark.
• Businesses should register a trademark that is unique and hard to copy.
• Businesses should continuously watch their trademark or hire trademark watch services in UAE, e.g. JIP.
• Businesses should seek expert guidance from IP professionals in UAE like JIP.

Why Choose Jitendra Intellectual Property?

JIP owns a team of expert IP professionals who provide tailored services related to trademark enforcement, litigation, registration, and more. Our packages are reasonable, resulting in cost-effective solutions to your problems. Let our experts handle trademark litigation processes for you so that you can focus on your vital business activities.