A Trademark Litigation Guide to Handle Brand Disputes Effectively
Trademark litigation in the UAE or anywhere else begins when the owner of the trademark files a lawsuit with a court citing trademark infringement. The lawsuit names the parties involved and sets forth the allegations that form the basis of the litigation. However, trademark litigation services in the UAE advise you to handle disputes responsibly so that your litigation process becomes more effective. If you are wondering how to effectively handle trademark litigation in the UAE, read the article below:
Ensure Your Rights over the Mark
You have to prove you own a valid trademark to prove your infringement claim in court. Brand owners must provide evidence to prove that their mark is senior to that of the defendant and the defendant’s mark may cause confusion in the minds of consumers about the source of the goods or services offered under the mark.
Make Sure Your Trademark Is Subject to Infringement
This is an argument that may sound basic to brand owners who are experienced with trademark litigations in the UAE. However, you need to ensure that the defendant’s trademark has actually infringed upon your registered mark. Sometimes, the brand owners may falsely assume that the defendant’s mark has infringed their registered mark and it may negatively affect their lawsuit. The following instances of trademark use may not constitute a trademark infringement:
- You granted a license to someone to use your trademark and they are using it according to the terms of that license agreement
- Although a product or service has a similar name, it will not create confusion among consumers (consider Apple computer V/s Apple restaurant)
- The use of the trademark is permissible under law (fair use of a trademark)
Document the Infringement and Any Communications with the Infringer
The moment you send a cease and desist letter, there is a very high likelihood that the problematic use of your trademark will disappear. While this may be what you want, if you need to escalate things later it will be hard to do so unless you have some actual evidence of the infringement, so be sure to document the infringement before you send anything. Similarly, you’ll want to keep a record of any written correspondence you have with the other party just in case you need it later in court or to help your attorney better understand the situation.
Do Not Take Drastic Measures
As the owner of a registered trademark, you have every right to defend your trademark. However, you should not take drastic steps to squash every potential use of your trademark. You should not treat a notorious counterfeiter and a fan who released a free knitting pattern containing one of your trademarks. The counterfeiter should be treated with trademark litigation and the fan’s use of the trademark can be used as a part of your marketing or PR strategy.
Be Wise while Sending a Cease & Desist Letter
A cease and desist letter is the first indicator of a potential trademark lawsuit. However, you should learn when to send it and when not. People may criticize or say mean things about your brand name or logo. Preventing them from badmouthing your trademark is not a right granted by the UAE trademark law. For example, it is not advisable to send a Cease and Desist Letter to a comedian creating a work of art using a parody of your trademark. For your information: Parody is one of the trademark infringement defences.
Avail of the Best Trademark Litigation Services in Dubai, UAE
Seeking advice from the providers of the best trademark litigation services in Dubai is usually the first step to understanding trademark protection within the context of your brand. As one of the top trademark legal firms in the UAE, Jitendra Intellectual Property (JIP) can help you with all aspects of the litigation process. We can assist business owners and entrepreneurs in various industries to help ensure their trademarks are shielded from misuse. Contact us today to ensure your trademark remains completely protected in the UAE.