The importance of trademark registration in UAE for business owners

According to the trademark laws in force in the United Arab Emirates, any physical or juristic person may register a trademark. This means that whether it is an individual or a company, all persons are entitled to register their logos, brands and enjoy the legal protection offered.
A company’s main target should be to differentiate its brand from other competing brands. According to the applicable trademark law in the UAE, a trademark can be anything that takes a distinctive shape including but not limited to names, words, or symbols used to distinguish the company’s goods and services from other companies. 

By adopting a certain logo or mark, every company holds a unique identity. However, the mark chosen by the company may be subject to infringement by third parties. As such, it is essential for a company to obtain a trademark registration certificate to gain legal protection in case of trademark infringement.
Once a trademark is registered, the company is deemed the sole owner of the trademark. The owner of the trademark may take legal action against infringement or imminent infringement by obtaining an order on a petition from the Magistrate of Summary Justice at the Civil Court. The owner may also seek the civil courts to demand compensation for damages incurred from the infringement of his rights. The applicable trademark law in the UAE imposes penalties on trademark infringement. 

Here is an overlook on the overall importance of registering your trademark in Dubai, UAE.

Here is an overlook on the overall importance of registering your trademark in Dubai, UAE.

1. Trademark Gives Your Business Legal Protection

For a fact, trademark registration is not mandatory in the UAE, however, if you want to protect your logo or brand from infringement including but not limited to forging, and counterfeiting a trademark in a way that leads to confuse the public, you must register your trademark. 

First and foremost, the protection period offered for a trademark is 10 years starting from the date of filing the application with the option of renewal for a same period.

If your trademark has been registered for a continuous period of five (5) years without any ownership claim being lodged against it, no individual or company may dispute or interrupt your ownership of the trademark.

2. Seeking Provisional Measures

The trademark holder is entitled to seek provisional measures through obtaining an order on a petition from the Magistrate of Summary Justice at the Civil Court to take one or more of the following measures:

a. Making a detailed description of the infringement, the goods that are the subject-matter of this infringement, and the materials, tools and equipment used or that may be used therein.

b. Imposing seizure on the materials, tools and equipment referred to in the preceding paragraph of this clause, and the proceeds resulting from the infringement.

c. Preventing the goods that are the subject matter of the infringement from entering commercial channels and preventing their export, including imported goods forthwith after their customs clearance.

d. Preserving any evidence related to the subject matter of the infringement.

3. Claim for Compensation

The trademark owner may claim compensation for infringement of his rights by filing a lawsuit at the competent civil court. The basis of compensation may be for loss of profits, damages, any harm to your brand's image, and any legal fees and expenses incurred because of the infringement act.

4. Penalties

The trademark law in force in the United Arab Emirates, applies the following penalties:

1. A penalty of imprisonment and a fine of no less than (100,000) and not more than (1,000,000), or either of these two penalties, shall be imposed on whomever:

a. Forges a registered trademark or counterfeits a trademark in a way that leads to confuse the public, whether in respect of the goods or services distinguished by the original trademark or those that are similar thereto.

b. Knowingly uses a forged or counterfeit trademark for commercial purposes.

c. Puts on his goods or uses in respect of the services he provides, in bad faith, a trademark owned by others.

d. Possesses tools or materials with the intent of using them to forge or counterfeit registered or well-known trademarks.

e.Knowingly imports or exports goods bearing a forged or counterfeit trademark.

2. A penalty of imprisonment not exceeding one year and a fine of not less than (50,000) and not more than (200,000) or either of these two penalties shall be imposed on whomever:

a. Sells or offers for sale or circulation or possesses with the intention of selling goods or offers the provision of services carrying a forged, an imitated, or unlawfully put or used trademark, despite his knowledge thereof.

b. Unlawfully uses an unregistered trademark in the cases stipulated in the trademark law on his commercial papers and documents, goods, or services, and this would lead to the belief that the trademark has been registered.

5. Trademarks Works as a Legal Proof

A trademark registration certificate serves as legal proof in court if someone infringes your trademark. You avoid the hassle of disputing to whom the brand or logo belongs as you are already recognized as the legal owner of the trademark.

6. Priority Claim

The trademark applicant or his successor may enjoy the priority right to register the trademark based on a previous application filed in a member state of the Paris Convention on Industrial Property or a multilateral international agreement to which the United Arab Emirates or one of the countries of the Cooperation Council for the Arab States of the Gulf is a party, or a bilateral international agreement to which the United Arab Emirates is a party.

7. Trademarks Are a Crucial Asset of Your Business

The trademark owner is entitled to transfer the ownership of the trademark to another person without or without payment. The trademark may also be mortgaged and attached.

8. Licensing the Trademark

The registration of a trademark would provide businesses with the possibility to license the use of the trademark to other persons and the licensing period should not exceed the trademark protection period.

Conclusion

In today's rapidly expanding competitive environment, it is essential to create a highly identifiable and trusted brand. Remember that it may take up to several months to register your trademark in the United Arab Emirates. Do not waste your time and miss out on the benefits of trademark registration in UAE.