Trademark Litigation Service in UAE: Key Insights on Its Scope
If you are a brand owner, chances are highly likely that you may encounter instances of trademark infringement. Since your trademark is your most valuable asset, it’s essential to avoid any missteps and mistakes in ensuring its enforcement and protection. Working with firms providing trademark legal services in the UAE can significantly increase your chances of winning a trademark dispute or successfully enforcing your trademark rights. However, you should know the scope of services provided by trademark litigation and enforcement firms in the UAE. This blog will enlighten you on the scope of services provided by trademark legal firms in the UAE. Read ahead for more information:
Drafting Trademark Agreements
Brand licensing or trademark licensing plays a key role in helping businesses generate revenue and increase their commercial value. Such a solid agreement will allow you to retain control over your trademark while creating a revenue stream and facilitating your entry into new markets. Creating a formal trademark licensing agreement between a licensor and licensee is critical to ensure that the licensing terms and relationship are clear and met by both parties.
The major types of such agreements include franchise agreements, distribution contracts, amalgamation contracts, merger contracts and third-Party use agreements. Companies providing trademark legal services in Dubai can help businesses draft flawless trademark licensing contracts.
Advice on Trademark Enforcement
If a trademark infringement occurs, businesses need to associate with someone with considerable expertise in enforcing IP rights against counterfeiters and copiers of well-known brands. Such professionals should also have experience in enforcement proceedings with the relevant ministries/government departments and the UAE civil and criminal courts. Trademark legal service providers in Dubai are the right persons to advise you on how to enforce your trademark rights in the UAE in case an infringement occurs.
Representing in Opposition Actions
Trademark legal service providers in Dubai can help you file opposition notices or respond to an opposition action. If your proposed trademark is identical or confusingly similar to an existing one, the owner of that mark can file an opposition against you. Trademark legal services can represent you before the Ministry of Economy to deal with the opposition actions.
Assigning Trademark Ownership
While doing business in the UAE, companies often transfer the ownership of their trademarks to other parties. This process is generally termed trademark assignment in the UAE and you may require the assistance of trademark legal service providers to perform it as per the standard procedures. The trademark assignment should be signed and recorded with the UAE Ministry of Economy. A trademark assignment is essentially a document signed by the original owner (assignor) for transferring the trademark owner to a new owner (assignee).
Cease & Desist Notifications
Sending a cease and desist letter should be the first response on your part if someone infringes your registered trademark. A cease and desist letter is a legal notice to the infringer, urging them to stop the illegal use of the trademark. The letter will generally tell the other party that you will initiate trademark litigation in the UAE against them if they do not stop the unauthorised use of your registered trademark.
However, cease and desist letters only serve as a warning and do not have any immediate legal consequences. However, a properly drafted cease and desist letter can be an affordable way to resolve a conflict quickly. It can also serve as evidence that you have given notice to the other party regarding their infringement activity. Companies providing trademark legal services in the UAE can help you draft effective cease and desist letters.
Trademark Litigation in the UAE
If the infringer fails to respond to your warning or continues to use your trademark despite the cease and desist letter, you can initiate trademark litigation in the UAE. You need to work with companies providing trademark litigation services in the UAE to file a lawsuit in a relevant court. Such IP legal firms in the UAE can help you deal with infringements before all court levels: mainly criminal complaints, criminal lawsuits, civil lawsuits, cancellation actions and unfair competition lawsuits.
There are alternative ways to solve a trademark dispute other than trademark litigation in the UAE. Instead of directly approaching a court, both parties can opt for negotiation or settlement in resolving disputes over the ownership and infringement of trademark rights. Experiences trademark legal firms in the UAE can help you handle disputes relating to the wrongful acquisition and unauthorized use of trademark rights, and help counsel handle, negotiate, and draft license and settlement agreements in various trademark infringement cases.
Hire the Providers of the Best Trademark Legal Services in Dubai, UAE
Having a qualified trademark legal service provider in the UAE by your side can make all the difference when it comes to safeguarding your trademark rights. Jitendra Intellectual Property (JIP) is one of the leading firms offering the best trademark litigation services in the UAE. We are committed to helping our clients meet their objectives and grow successful businesses. Our firm has a well-deserved reputation in the field of trademark law for the high-quality legal services and personalized attention our legal professionals provide. Contact us today to ensure comprehensive protection for your valuable brands.