A registered trademark in the UAE will protect your brand identity. Business can improve their brand value by registering their mark, which would eventually lead to business growth. Customers can identify a company’s products and services with the help of a trademark. Trademark infringement is the unauthorised use of a registered mark or a mark that is confusingly similar to it, to confuse customers and to profit from the infringing product. Businesses should continuously monitor their registered marks and take relevant legal measures in the event of any infringement.
Understanding the Trademark Infringement Warning Letter:
The trademark infringement warning letter is the first optional step in addressing a trademark rights violation before taking any legal action. The warning letter is an opportunity for the infringer to settle the disputes outside the court. In the UAE, a trademark infringement warning letter, commonly referred to as a Cease-and-Desist letter, is a key tool for protecting intellectual property. It serves as a formal notice from the trademark owner to the alleged infringer and forms part of the pre-litigation process, intended to resolve disputes peacefully without the need for court proceedings.
The infringement warning letter should only be issued by the owner of the mark if there is clear evidence regarding the unauthorised use of the trademark. The owner can demand that the unauthorised use of the mark be stopped and can also seek compensation for the damage that occurred during the infringement.
What to do if there is no response to the infringement warning letter?
If the infringement warning letter is ineffective or if the infringer fails to respond to it, the trademark owner can then take legal action under the UAE’s Federal Law No. 36 of 2021. There may be instances where the infringer denies infringement, claims prior usage, or challenges the trademark’s validity; in such cases, you should seek immediate legal action against the infringer. The trademark owner can file a lawsuit if there is no response from the infringer and may also seek an injunction to stop the infringement immediately.
Importance of trademark infringement warning letter in the UAE:
A trademark infringement warning letter is a cost-effective method of addressing the unauthorised usage of a registered trademark or a mark that is confusingly similar to a registered mark in the UAE. This warning letter or notice allows the trademark owner to demand the cessation of the infringing activity and resolve the issue, thereby saving time and money.
Securing Brand Value in the UAE
Businesses can prevent infringement in the early stages by issuing a trademark infringement letter, thereby protecting their brand value and reputation.
Prevent market confusion and Brand dilution.
By sending the trademark infringement warning letter to the infringing business, you can prevent market confusion and secure the distinctiveness of your trademark. By issuing trademark infringement warning letters, companies can prevent brand dilution.
How to draft the Infringement warning letter in the UAE?
Details of the sender (Trademark owner)
Include details such as name, address, and contact information.
Ownership details of the registered trademark
Include details such as the declaration of ownership rights, the trademark registration number, the class of goods & services, etc.
Infringement details
Include the detailed description of the infringing activities, like the date, location, trademark logo that is being infringed, etc. Describe how the infringer is using the registered mark or a mark that is confusingly similar to a registered mark without authorisation, and how it can confuse the customer and cause damage. You can also include photographs or other documents related to the infringement.
Legal consequences for infringement
Include the relevant trademark law for infringement in the UAE, including civil actions and criminal proceedings. Include a statement saying that non-compliance can lead to court proceedings.
Demand for action
You can demand that the trademark infringement cease immediately and request the removal of all infringing materials, whether physical products or digital content.
Time frame for compliance
Give a reasonable deadline for the infringer to stop the infringement and respond to the warning letter.
If you have properly drafted the Infringement warning letter, you can send it via registered post or email to ensure proof of receipt. If the infringer didn’t respond to the warning letter, then you can move forward with the legal proceedings, and this Infringement warning letter can be used as evidence in court.
Partner with Jitendra Intellectual Property to secure your business assets:
A registered mark can enhance your brand value, and continuous monitoring is necessary to identify potential infringement. If the infringement isn’t handled in the early stages, then it could negatively impact your brand value. Jitendra Intellectual Property can help businesses with trademark registration and monitoring. In the event of any infringement, our trademark professionals will assist you with legal proceedings.
