Engaging in trademark litigation in the UAE is the last thing brand owners want, as it can be time-consuming and expensive. Litigation is essentially a legal action initiated by trademark owners to protect their exclusive trademark rights. Even though it can be lengthy and costly, trademark litigation becomes indispensable in situations where your trademark rights are at peril thanks to an infringer.
Carrying out trademark litigation can help you gain protection in the form of injunctive relief, monetary damages and other legal remedies. Availing of the best trademark litigation services in Dubai is essential to win an IP lawsuit in your favour. However, companies opt for trademark litigation in Dubai for specific reasons. The following are some of the most common reasons that result in the litigation procedures:
Trademark Infringement
Trademark infringement is one of the most common reasons for trademark litigation in Dubai, UAE. Brand owners may file a lawsuit in court when they think their registered trademark has been infringed by a confusingly similar mark. Before starting the litigation process the trademark owner can send a Cease and Desist Letter to the other party through trademark litigation companies in Dubai. The letter warns the third party to immediately stop the unauthorised use of the mark in question. If the other party doesn’t stop using the mark in question, the trademark owners can pursue trademark litigation in the UAE.
Trademark Dilution
Trademark dilution happens when the unauthorised use of a trademark weakens the distinctive quality of a well-known mark. Unlike trademark infringement, dilution doesn’t involve the unauthorised use of a mark in connection with goods or services that are confusingly similar to those offered in connection with the famous mark. For example, the unauthorized use of FERRARI as a brand of cosmetics may not be trademark infringement as cosmetics, and luxury automobiles are not related to each other, and customers may not get confused about the source of origin. However, it may amount to trademark dilution.
Unfair competition
A trademark owner may proceed with litigation against a third party for unfair competition. The term unfair competition mainly refers to the misuse of registered trademarks through false advertising or misrepresentation of the source of goods or services. Unfair competition may economically harm business entities and confuse customers. Providers of trademark litigation services in Dubai can help you in case your registered trademark is affected by unfair competition.
Violation of commercial contracts
Bug brands conducting business in the UAE use commercial agreements that are underpinned by trademark licenses. Such commercial contracts include detailed provisions related to the use of trademarks. Sometimes the parties that sign the contract may violate the provisions of the contract and use the trademark against the provisions of the agreement. In such cases, the companies can hire the best trademark litigation firms in Dubai to secure their IP rights. Some of the common commercial contracts in the UAE include:
- Franchise Contract
- Distribution Contract
- Amalgamation Contract
- Merger & Acquisition Contract
- Third-Party Use Contract
Cyber-squatting
Unlike in the old days, trademark owners now need to monitor their trademarks for their unauthorised use in the digital space. Sometimes, a third-party website may have registered or have been using a domain name that is identical or confusingly similar to your trademark. In this case, you can seek to protect your registered trademark by filing a lawsuit with the help of trademark litigation services in the UAE.
Avail of Reliable Trademark Litigation Services in Dubai, UAE
Trademark litigation in the UAE can be complex and time-consuming for businesses. Therefore, it is important to consult with trademark litigators in Dubai who can guide you through the process and help you achieve the best possible outcome for your case. Providers of Trademark Litigation Services in Dubai such as Jitendra Intellectual Property (JIP) can assist businesses with legal proceedings.
JIP is one of the most reputed IP firms in Dubai with years of experience in trademark registration enforcement and litigation. JIP can provide brand owners with full trademark services in Dubai such as drafting contracts and defending you in court in case of trademark infringement or dispute of any sort.