Key FAQs on Trademark Opposition in the UAE
Brand owners conduct trademark registration in the UAE to protect their brand name from being infringed by other parties. However, your competitor may file an application for a trademark that is similar to yours. This copycat trademark may confuse your customers if granted registration. However, you can prevent the conflicting trademark from being registered by filing an application for trademark opposition in the UAE.
Trademark agents in the UAE can guide you on how to manage trademark opposition actions. In this article, we try to answer some of the most frequently asked questions (FAQ) on trademark oppositions in the UAE. Keep reading the below article to get an overview of the UAE trademark opposition process:
What Are the Main Grounds of Opposition Available to the Opponent?
An opponent can file a trademark opposition in the UAE on relative grounds. The relative grounds of trademark refusal mean the proposed trademark is phonetically, visually, conceptually, confusingly and deceptively similar/identical to the Opponent’s Trademark. A confusingly similar trademark will be perceived by opponents as a threat to their brand reputation, brand loyalty and revenues. Trademark agents in the UAE can help you to file a trademark opposition.
Where Can We File the Notice of Opposition or Objection to the Registration of a Mark?
Trademark owners need to file a notice of opposition or objection to the registration of a mark with the UAE Ministry of Economy. You can seek the help of trademark agents in the UAE for filing the opposition claim.
Is There Any Time Period for Filing the Notice of Opposition or Objection to the Registration of a Trademark?
The UAE Trademark Law provides a time limit of 30 days from the date of publication of a mark in the Ministry of Economy’s Bulletin within which opponents can oppose the trademark’s registration. You must note that this time period can’t be extended.
What is the Procedure Followed in Opposition Proceedings?
The opponent needs to file a written opposition notice to the Ministry of Economy within 30 days of the mark’s last publication. The competent department will forward the opposition notice to the applicant of the proposed trademark within 15 days. The opponent has no legal obligation to send the document directly to the applicant.
What Happens if an Applicant Fails to File Their Reply to the Notice or Objection/s Raised by the Opponent Within the Given Time Period of 30 Days?
The applicant can send a written reply to the authority within 30 days of receiving the Notice of Opposition. The response will not be automatically forwarded to the opponent and the applicant is not obliged to send the response to the opponent. In case there is no reply from the applicant, his trademark application will be considered abandoned. The competent department in the Ministry of Economy will hear the submission from both parties if they request a hearing. A decision on the opposition will be issued after hearing the submission from both parties. Trademark agents in the UAE can assist you during the opposition proceedings.
Can I Appeal the Decision Passed in Any Opposition Proceedings by the Competent Department of the Ministry of Economy?
You can appeal the decision passed by the competent department in the Ministry of Economy. You need to file the appeal against such a decision before the Grievance Committee within 30 days from the date of its notification.
Can I Appeal the Decision Passed by the Grievance Committee?
You are allowed to appeal against the decision/s passed by the Grievance Committee before the Federal Court of Appeal within 30 days from the date of its notification. Trademark agents in the UAE can further advise you on this matter.
How Long Does It Take for the Opposition Proceedings to Conclude?
As per the standard procedures of trademark opposition in the UAE, the entire process is likely to take anywhere between 4-8 months to come to an end. Consult with the UAE trademark agents to get further insights.
Consult with the Best Trademark Agents in the UAE
The trademark law clearly outlines the provisions for filing a request for trademark opposition in the UAE. The process of opposition can be lengthy and complex but the best trademark agents in the UAE such as Jitendra Intellectual Property (JIP) can simplify the process for you. JIP has extensive experience and expertise in helping out hundreds of trademark owners to file opposition requests. Apart from providing opposition services, JIP provides bespoke trademark services in Dubai such as trademark registration, search, and trademark watch services. Consult with us today to ensure your trademark remains protected across the UAE.