Trademark Litigation in UAE: What Are the Options to Defend Yourself?

The process of trademark litigation in the UAE commences when the owner of the trademark lodges a complaint accusing another party of conducting trademark infringement. In most cases, the trademark owner will send a “Cease and Desist Letter” to the alleged infringer with help of trademark litigation services in Dubai, which may escalate into litigation if all the other alternatives do not work.

Most often, the party that is accused of infringement will be confused about how to handle a trademark lawsuit. This blog is an attempt to educate such persons on the defence options for trademark litigation in the UAE. Keep reading for more insights:

Responding to a Court Notice

A defendant needs to respond to a complaint when the plaintiff sends a formal complaint along with a summons. It is a court notice that mandates you to appear before the court by a certain date. You need to hire providers of trademark litigation services in Dubai to respond to the court notice. Failing to respond to a court notice will put you under dire consequences.

What Are Your Options to Defend Yourself?

The first steps of trademark litigation in Dubai can be complicated. However, trademark litigation services in Dubai can advise you on the best course of action. The best course of action may include the following:

1. Challenging the Claimed Trademark

You can challenge the claimed trademark by questioning the validity of its registration. Sometimes, the trademark in question may not be registered with the UAE trademark office. Since the UAE is a first-to-file jurisdiction, you can argue that the plaintiff does not own the trademark. This will give you an upper hand to win trademark litigations in the UAE.

2. Denying that the Trademark Owner Has Proved Infringement

You can argue that the plaintiff has failed to prove that you have infringed the trademark in question. The court may consider different factors to decide if there is a likelihood of confusion among consumers. The court will examine if the goods or services are sufficiently related and the consumers are likely to assume they originate from a common source. It will also consider other factors such as the following:

• How and where the goods or services are advertised, marketed, and sold
• Purchasing conditions
• Range of prospective purchasers of the goods or services
• Whether there is any evidence of actual confusion caused by the allegedly infringing mark
• the defendant’s intent in adopting its mark
• Strength of the plaintiff’s mark.

3. Asserting a Defence to the Alleged Infringement

In this course of action, you can cite fair use as a defence against trademark infringement. In general, the owner of the registered trademark has the exclusive right to use it. However, in certain cases, others can use the trademark without a license if it constitutes fair use. It is acceptable if you used the other’s brand name just to describe the product or services of the plaintiff rather than as a trademark.

Hire the Best Trademark Litigation Services in Dubai, UAE

Defending yourself during trademark litigations in the UAE can be complex. Instead of panicking upon receiving a court notification, you need to contact companies providing trademark litigation services in Dubai, UAE. They can help you assess your case if you think the fair use defence might apply in your situation. Jitendra Intellectual Property (JIP) is one of the best providers of trademark legal services in Dubai. 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.