Trademark Opposition in UAE: Key Conditions & Requirements
Brand owners need to deal with trademark opposition proceedings in the UAE in two circumstances: if their proposed mark infringes an existing one or when a newly filed mark is confusingly similar to their registered trademarks. In both cases, the brand owners must understand the nuances of trademark registration in the UAE to win their trademarks. Trademark agents in Dubai play a key role in helping the brand owners during the opposition proceedings.
Most brand owners are ignorant about the requirements to oppose a trademark in the UAE. A major reason is that most such procedures are based on the practices of the Trademark Office rather than the UAE Trademark Law. Yet, we can find certain general requirements that everyone can follow during a trademark opposition in the UAE. Such important aspects of trademark opposition are given below:
Legal Framework of Trademark Opposition
You can find the basis of UAE trademark opposition proceedings in the UAE Federal Law no. 37 of 1992 (as amended by Federal Law no. 7 of 2002) (the “Trade Marks Law”) and Ministerial Decision no. 6 of 1993 Concerning the Implementing Regulations for Federal Law no. 37 of 1992 (the “Regulations”). Brand owners can find the basics of trademark opposition in these legislations. Consult with trademark agents in Dubai to know further about the law.
Process of Trademark Opposition in the UAE
The below is a step by step process by which the brand owners should file a trademark opposition in the UAE:
- File a written Opposition to the UAE Trademark Office within 30 days of last publication of the trademark is opposed
- The UAE Trademark Office forwards the Opposition Notice to the applicant within 15 days (The opponent is legally not obliged to send the document to the applicant)
- Applicant can file a written reply with the Trademark Office within 30 days from receipt of the Notice of Opposition. The response will not be automatically forwarded to the opponent and the applicant is not obliged to send the response to the opponent.
- The application will be considered abandoned if the applicant fails to lodge a response within 30 days.
- Once the reply is lodged, the Trademark Office will hear the submissions from either or both parties if they request to be heard
- The UAE Trademark Office will issue a decision after hearing the submission. It can either accept or reject the application or impose any restrictions or conditions on the application which it considers appropriate.
Hearings Officer for Trademark Opposition in the UAE
The UAE Trademark Office has a Hearings Officer appointed to hear trademark oppositions and to conduct opposition proceedings. Earlier, there was not a single person in charge of conducting the proceedings of trademark opposition in the UAE. However, since 2010, the Hearings Officer manages the trademark opposition proceedings in the UAE. Contact trademark agents in Dubai for more information.
No Minimum Standard for the contents of the Notice/Reply
Brand owners often express their doubts about the minimum standard for the contents of the Notice of opposition or Reply. The truth is there is no such requirement in the UAE. As per the law, the only requirement is that the Notice of Opposition and the Reply must be in writing. However, you are allowed to detail all potential grounds of opposition stated in the Notice of Opposition. You can also introduce new facts at the time of the hearing. There is no assessment on the merit of the contents of the Notice of Opposition or Reply. However, the Trademark Office will check whether or not the documents are in order and filed within the deadline.
No Extension for the Deadline
The UAE Trademark Office is stringent about the deadline for filing a Notice of Opposition or Reply. You will not be granted any extension of the deadline for submitting a Notice of Opposition or Reply. Trademark agents in Dubai can help you file the Notice of Opposition or Reply within the stipulated deadline.
How can Jitendra Intellectual Property Help you?
Trademark opposition in the UAE provides a tough time for both the opponent and the applicant. Since both parties will fight hard to win their trademarks, knowledge about trademark opposition proceedings in the UAE are essential for brand owners. You need help filing a Notice of Opposition or Reply for which trademark agents in Dubai such as Jitendra Intellectual Property (JIP) can help. JIP has a team of highly qualified trademark agents in Dubai with years of experience in trademark opposition proceedings. We will help you prepare the documents effectively to win your trademark without any hassle. Call our agents today to secure your brands with trademark protection.