How to File a Trademark Infringement Case in UAE: A Step-by-Step Guide

Trademark infringement is a global problem and UAE is no exception to it. Infringing a registered trademark may cause the brand a reputational problem, leading to customer confusion and financial loss. Many firms face problems regarding trademark protection because of the complicated procedures and lack of information if not keeping watch on the registered trademarks. How to keep a watch on the registered trademark is another topic to be covered in future blogs. With proper procedures, you can defend your intellectual property rights and hold perpetrators accountable.

Jitendra Intellectual Property (JIP) helps you defend your trademarks and prevent others from stealing them. We help you follow the correct procedures to file a trademark infringement case in UAE.

This guide breaks down the process of filing a trademark infringement case in the UAE into simple, actionable steps;

Understanding What is a Trademark In UAE?

A trademark is any sign, name, logo, sound, or symbol that distinguishes your goods or services from others. It is a brand’s identity and has to be registered with the UAE Ministry of Economy to gain legal protection.

If a person uses your trademark without your permission, this is an infringement of UAE trademark laws as provided by Federal Law No. 37 of 1992, which was amended by Federal Law No. 8 of 2002, which was amended by Federal Decree-Law No. 36 of 2021. Examples of common infringements are counterfeiting, imitation, or unauthorized use of an already registered mark.

Note that you cannot file a trademark infringement case in UAE if you have not registered your trademark.

Step 1: Evidence Collection

You first have to collect proof of the infringement of your trademark. These are:

Images or samples of the product using the trademark.

Copies that compare your trademark and the misused trademark.

Invoices, shipment documents.

Sales statistics and complaints which demonstrate marketplace confusion as a result of the infringement.

Good evidence ensures your case and maximizes the likelihood of success.

Step 2: Send a Cease-and-Desist Letter

This often begins with a legal notice to the party of infringement. The cease-and-desist letter warns the infringer to stop using the registered trademark immediately and the consequent legal consequences upon receiving the notice.

Such is the case when resolving is achieved without any other consequent legal procedures.

Step 3: Complaint to the Ministry of Economy

If the infringer refuses to heed the cease-and-desist letter, then you can file a complaint to the trademark department of the Ministry of Economy. It will include:

Evidence that you present about the infringement

Showing evidence that you have a trademark registered.

Explaining the loss or damage suffered in the business.

The ministry might provide mediation between both parties in order to settle in amicable ways.

Step 4: Sue Them in Court

If the efforts of the Ministry fail or the offender contests the claim, it is possible to take your case to the Court of First Instance. The procedures include:

A lawsuit: filing a case against an infringing party.

Submitting your evidence and arguments for the court’s consideration

Paying the court costs and engaging a lawyer from JIP knowledgeable in intellectual property law.

In case the court decides you have a case, the infringing party may be penalised by fines, imprisonment or even closure of their operation.

Step 5: Appeals

Either party can appeal this decision in the Court of Appeal. The case is reconsidered, and the trial court’s judgment is also referred to.

If the appeal is also not settled at this level, then there is the final appeal taken to the Court of Cassation, which gives a verdict or judgment.

UAE Trademark Infringement Penalties

The UAE law prescribes the following penalties for trademark infringement:

At least AED 50,000 in fines.

Imprisonment for up to one year.

Closure of their business (in case of repetition of violations).

Payment of damages to the trademark owner through the civil court

The penalties are meant to ward off counterfeiters and deter them from infringing intellectual property.

Tips on How to File a Trademark Infringement Case

Consult an Intellectual Property Lawyer: Get a lawyer who can walk you through the process. Choose JIP for a successful case.

Be Patient:.It may take time to proceed with the whole case. Thus, be patient and keep yourself updated with regular follow-ups.

Maintain proper Records: All documents regarding your trademark registration and case of infringement should be well documented.

Why Choose Jitendra Intellectual Property?

If you are the original trademark owner, you would not want to lose your case and let someone run away with your trademark. For this, correct procedures need to be followed when dealing with UAE courts, and businesses don’t really have the ability to do that without help. Choose an expert lawyer from JIP to ensure the success of your trademark infringement case.